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H.J.Res. 648 (98th): A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.

The text of the resolution below is as of Oct 12, 1984 (Passed Congress).


PUBLIC LAW 98-473—OCT. 12, 1984                                       98 STAT. 1837

•Public Law 98-473
 98th Congress
                               Joint Resolution
 Making continuing appropriations for the fiscal year 1985, and for other purposes.          Oct. 12, 1984
                                                                                            [H.J. Res. 648]
  Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
                                      TITLE I
   That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, for the
several departments, agencies, corporations, and other organiza-
tional units of the Government for the fiscal year 1985, and for other
purposes, namely:
   SEC. 101. (a) Such sums as may be necessary for programs,                               Agriculture,
projects, or activities provided for in the Agriculture, Rural Develop-                    rural
                                                                                           development
ment and Related Agencies Appropriation Act, 1985 (H.R. 5743), to                          appropriations.
the extent and in the manner provided for in the conference report
and joint explanatory statement of the Committee of Conference
(House Report Numbered 98-1071), filed in the House of Representa-
tives on September 25, 1984, as if such Act had been enacted into
law.
   (b) Such sums as may be necessary for programs, projects, or                            D.C.
activities provided for in the District of Columbia Appropriation                          appropriations.
Act, 1985 (H.R. 5899), to the extent and in the manner provided for
in the conference report and joint explanatory statement of the
Committee of Conference (House Report Numbered 98-1088), filed in
the House of Representatives on September 26, 1984, as if such Act
had been enacted into law.
   (c) Such amounts as may be necessary for programs, projects or
activities provided for in the Department of the Interior and Related
Agencies Appropriations Act, 1985, at a rate of operations and to the                      Post, p. 1838.
extent and in the manner provided as follows, to be effective as if it
had been enacted into law as the regular appropriation Act:




*Note: The printed text of Public Law i -473 is a reprint of the hand enrollment, signed
by the President on October 12, 1984.

98 STAT, 1838 PUBLIC LAW 98-473—OCT. 12, 1984 AN ACT Department of Making appropriations for the Department of the Interior and related agencies for the Interior and the fiscal year ending September 30,1985, and for other purposes. Related Agencies Appropriations Act, 1985. TITLE I—DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES For expenses necessary for protection, use, improvement, develop- ment, disposal, cadastral surveying, classification, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau oi Land Management, including the general administration of the Bureau of Land Management, $393,849,000. CONSTRUCTION AND ACCESS For acquisition of lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facili- ties, $1,228,000, to remain available until expended. PAYMENTS IN UEU OF TAXES For expenses necessary to implement the Act of October 20, 1976 97 Stat. 323, 324. (31 U.S.C. 6901-07), $105,000,000, of which not to exceed $400,000 shall be available for administrative expenses. LAND ACQUISITION For expenses necessaiy to carry out the provisions of sections 205, 43 u s e 1715, 206, and 318(d) of Public Law 94-579 including administrative ex- 1716, 1748. penses and acquisition of lands or waters, or interest therein, $2,750,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. OREGON AND CAUFORNIA GRANT LANDS For expenses necessary for management, protection, and develop- ment of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $55,397,000, to remain available until expended: Provided, That the amount appropriated herein for road construc- tion shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further. That 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land grant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsec- 43 u s e 1181f. tion (b) of title II of the Act of August 28, 1937 (50 Stat. 876).
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1839 SPECIAL ACQUISITION OF LANDS AND MINERALS For the purchase of non-Federal coal deposits and other mineral interests and rights pursuant to Public Law 97-466, $15,000,000, to 96 Stat. 2538. remain available until expended. RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and inter- ests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to fifty 43 use 1751. per centum of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), 43 USC 3l5b, but not less than $10,000,000 (43 U.S.C. 1901), and the amount 3i5m. designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the De- partment of the Interior pursuant to law, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses: Provided further, That the dollar equiv- alent of value, in excess of the grazing fee established under law and paid to the United States Government, received by any permittee or lessee as compensation for an assignment or other conveyance of a grazing permit or lease, or any grazing privileges or rights there- under, and in excess of the installation and maintenance cost of grazing improvements provided for by the permittee in the allot- ment management plan or amendments or otherwise approved by the Bureau of Land Management, shall be paid to the Bureau of Land Management and disposed of as provided for by section 4010^) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701): Provided further, That if the dollar value prescribed above is 90 Stat. 2772. not paid to the Bureau of Land Management, the grazing permit or lease shall be canceled. SERVICE CHARGES, DEPOSITS, AND FORFEITURES For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for monitoring construction, oper- ation, and termination of facilities in conjunction with use authori- zations, and for rehabilitation of damaged property, such amounts as may be collected under sections 2090^), 304(a), 3040b), 305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), and 43 USC 1719, sections 101 and 203 of Public Law 93-153, to be immediately i'^34,1735,1764. available until expended. ^^ ^^ ^^^• 43 u s e 1652. MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contrib- uted under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative 43 use 1737. costs, surveys, appraisals, and costs of making conveyances of omit- ted lands under section 211(b) of that Act, to remain available until 43 use I72i. expended.
98 STAT. 1840 PUBLIC LAW 98-473—OCT. 12, 1984 ADMINISTRATIVE PROVISIONS Appropriations for the Bureau of Land Management shall be ' available for purchase, erection, and dismantlement of temporary structures and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $10,000 for payments, at the discretion of the Secretary, for informa- tion or evidence concerning violations of laws administered by the United States Bureau of Land Management; miscellaneous and emergency expenses of enforcement activities, authorized or ap- >-: proved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: Provided, That appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expendi- tures made under the appropriation "Oregon and California grant lands") shall be reimbursed to the General Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the "Oregon and California land grant fund" and section 43 use ll8lf-4. 4 of the Act approved May 24,1939 (53 Stat. 754), of the special fund designated the "Coos Bay Wagon Road grant fund": Provided fur- 43 use 1752 ther. That appropriations herein made may be expended for surveys note. of Federal lands of the United States and on a reimbursable basis for protection of lands for the State of Alaska: Provided further. That an appeal of any reductions in grazing allotments on public rangelands must be taken within thirty days after receipt of a final grazing allotment decision. Reductions of up to 10 per centum in grazing allotments shall become effective when so designated by the Secretary of the Interior. Upon appeal any proposed reduction in excess of 10 per centum shall be suspended pending final action on the appeal, which shall be completed within two years after the appeal is filed: Provided further, That appropriations herein made shall be available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work of the Bureau to protect, improve, develop, or manage the public lands; and that within appropriations herein provided, Bureau officials may authorize either direct procurement of or reimbursement for expenses incidental to the effective use of volunteers such as, but not limited to, training, ; transportation, lodging, subsistence, equipment, and supplies: Pro- vided further. That provision for such expenses or services is in accord with volunteer or cooperative agreements made with such individuals, private organizations, educational institutions, or State or local governments: Provided further. That the segregative effect of the Department of the Navy withdrawal application N 37171, covering approximately 181,323 acres of public lands in Churchill County, Nevada, shall continue until such withdrawal is acted upon by the Congress. Segregation shall not prevent compatible public ^ ^ land uses which would be allowed under the terms of the proposed withdrawal: Provided further. That no later than six months after the date of enactment of this Act, the Secretary of the Interior shall conclude a land exchange between the Oregon International Port of Coos Bay and the United States. Lands to be offered by the United States are described in Federal Register Notice, May 10,1984. Lands to be offered by the Port are described as lots 4 through 16 inclusive, block 30, Nasburg's Addition to Marshfield, Coos County, Oregon.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1841 The Secretary is authorized to execute such instruments as may be necessary to permit the grantee to use permanently and develop for public roadway purposes, a tract of land described in Department of the Army Easement Number DACW 57-2-84-4 on Coos Bay North Jetty Road. As otherwise provided pursuant to the Federal Land Policy and Management Act of 1976 (90 Stat. 2743, Public Law 94-579), the Secretary shall conclude the above mentioned land 43 use 1701 exchange. note. UNITED STATES FISH AND WILDUFE SERVICE RESOURCE MANAGEMENT For expenses necessary for scientific and economic studies, conser- vation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; for the general administration of the Fish and Wildlife Service; for maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, and not less than $3,300,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13,1970, as amended by Public Law 93-408, $311,365,000 of which $4,000,000, to carry out the purposes of 16 use 16 U.S.C. 1535, shall remain available until expended; and, of which 1701-1706. $4,591,000 shall be for operation and maintenance of fishery mitiga- tion facilities constructed by the Corps of Engineers under the Lower Snake River Compensation Plan, authorized by the Water Resources Development Act of 1976 (90 Stat. 2921), to compensate for loss of fishery resources from water development projects on the Lower Snake River, which will remain available until expended: Provided, That the only critical habitat hereafter to be designated under section 4(b)(2) of the Endangered Species Act of 1973 (Public Law 93-205), as amended, for the Northern Rocky Mountain Wolf in 16 use 1533. Idaho shall be coterminous with the boundaries of the Central Idaho Wilderness Areas, as established by Public Law 96-312. 94 Stat. 948. CONSTRUCTION AND ANADROMOUS FISH For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protec- tion, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; $24,794,000, to remain available until expended, of which $4,100,000 shall be available for expenses necessary to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a-757g). MIGRATORY BIRD CONSERVATION ACCOUNT For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k-3, 5), $21,700,000, to remain available until expended. ' LAND ACQUISITION For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of 16 use 460/-4 land or waters, or interest therein, in accordance with statutory ^°^-
98 STAT. 1842 PUBLIC LAW 98-473—OCT. 12, 1984 authority applicable to the United States Fish and Wildlife Service, $64,508,000, to be derived from the Land and Water Conservation Fund, to remain available until expended: Provided, That $1,500,000 for the Connecticut Coastal National Wildlife Refuge shall become available for obligation only upon enactment of authorizing legislation. NATIONAL WILDLIFE REFUGE FUND For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $5,760,000. ADMINISTRATIVE PROVISIONS Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 206 passenger motor vehicles of which 172 are for replacement only (including 64 for police-type use); purchase of 2 new aircraft for replacement only; acceptance of one donated aircraft as an addition; not to exceed $200,000 for payment, at the discretion of the Secre- tary, for information, rewards, or evidence concerning violations of laws administered by the United States Fish and Wildlife Service and miscellaneous and emergency expenses of enforcement activi- ties, authorized or approved by the Secretary and to be accounted for solely on his certificate; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in con- nection with management and investigation of fish and wildlife resources. NATIONAL PARK SERVICE OPERATION OF THE NATIONAL PARK SYSTEM For expenses necessary for the management, operation, and main- tenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administra- tion of the National Park Service, including not to exceed $418,000 for the Roosevelt Campobello International Park Commission, $500,000 for the Volunteers-in-the-Park program, not less than $3,400,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation CJorps as if authorized by the Act of August 13,1970, £is amended by Public Law 16 use 93-408, and $350,000 for the National Capital Children's Museum 1701-1706. and $350,000 for the Arena Stage as if authorized by the Historic Sites Act of 1935 (16 U.S.C. 462(e)), $625,365,000 without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451): Provided, 16 use 20b note. That the Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire invest- ments without compensation: Provided further. That appropriations
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1843 for maintenance and improvement of roads within the boundary of Indiana Dunes National Lakeshore shall be available for such pur- poses without regard to whether title to such road rights-of-way is in the United States: Provided further. That $85,000 shall be available to assist the town of Harpers Ferry, West Virginia, for police force use. NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and review, and grant administration, not otherwise provided for, $11,338,000. HISTORIC PRESERVATION FUND For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $26,000,000 to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain 16 USC 470h. available for obligation until September 30,1986. VISITOR FACILITIES FUND For grants to the National Park Foundation for reconstruction, rehabilitation, replacement, improvement, relocation, or removal of visitor facilities within the National Park System, and related expenses, as authorized by Public Law 97-433, $6,000,000 to remain 16 USC 19aa available for obligation until September 30,1989, to be derived from note, the National Park System Visitor Facilities Fund. CONSTRUCTION For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $113,716,000, to remain available until expended, including $1,500,000 to carry out the provisions of sections 303 and 304 of Public Law 95-290, $38,000 for a grant to the French Camp i6 use 4i0cc-33, Academy: Provided further, That for payment of obligations in- 4l0cc-34. curred for engineering services, road and bridge access, and twin main tunnel bore work for the Cumberland Gap Tunnel, as author- ized by section 160 of Public Law 93-87, $28,000,000, to be derived 87 Stat. 278. from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(a)(8) of Public Law 95-599, as amended, such contract authority 92 Stat. 2690. to remain available until expended. LAND ACQUISITION AND STATE ASSISTANCE For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of i6 use 460M land or waters, or interest therein, in accordance with statutory note. authority applicable to the National Park Service, $150,220,000, to be derived from the Land and Water Conservation Fund, to remain available until expended, of which $75,000,000 is for the State Assistance program including $1,681,000 to administer the program: Provided, That State administrative expenses associated with the State grant portion of the State Assistance program shall not exceed
98 STAT. 1844 PUBLIC LAW 98-473—OCT. 12, 1984 15 percent: Provided further, That none of the State Assistance funds may be used as a contingency fund: Provided further. That of the amounts previously appropriated to the Secretary's contingency fund for grants to States, $318,000 shall be available in 1985 for administrative expenses of the State grant program. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS For expenses necessary for operating and maintaining the nonper- forming arts functions of the John F. Kennedy Center for the Performing Arts, $4,621,000. NATIONAL CAPITAL REGION ARTS AND CULTURAL AFFAIRS For the fiscal year ending September 30, 1986, for a program to support artistic and cultural programs in the National Capital region, $5,000,000, to remain available until expended: Provided, 16 use le. That there is hereby established under the direction of the National Park Service a program to support and enhance artistic and cultural activities in the National Capital region. Eligibility for grants shall be limited to organizations of demonstrated national significance which meet at least two of the additional following criteria: (1) an annual operating budget in excess of $1,000,000; (2) an annual audience or visitation of at least 200,000 people; (3) a paid steiffof at least one hundred persons; or (4) eligibility under the Historic Sites Act of 1935 (16 U.S.C. 462(e)). Public or private colleges and universities are not eligible for grants under this program. Grants awarded under this section may be used to support general operations and maintenance, security, or special projects. No organi- zation may receive a grant in excess of $500,000 in a single year. The Director of the National Park Service shall establish an application process, appoint a review panel of five qualified persons, at least a majority of whom reside in the National Capital region, ; and develop other program guidelines and definitions as required. The contractual amounts required for the support of Ford's Thea- ter and Wolf Trap Farm Park for the Performing Arts shall be available within the amount herein provided without regard to any other provisions of this section. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR COMMISSION For the establishment and operation of the Illinois and Michigan Canal National Heritage CJorridor Clommission, $250,000. JEFFERSON NATIONAL EXPANSION MEMORIAL COMMISSION For the establishment and operation of the Jefferson National Expansion Memorial CJommission, $75,000. ADMINISTRATIVE PROVISIONS Appropriations for the National Park Service shall be available for the purchase of not to exceed 1 aircraft for replacement only, 202 passenger motor vehicles of which 163 shall be for replacement only, includmg not to exceed 106 for police-type use and 4 buses; and to
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1845 provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communi- ties to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service; options for the purchase of land at not to exceed $1 for each option; and for the procurement and delivery of medical services within the jurisdiction of units of the National Park System: Provided, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Park System: Provided further. That none of the funds appropriated to the National Park Service may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided further. That none of the funds appropriated to the National Park Service may be used to add industrial facilities to the list of National Historic Landmarks with- out the consent of the owner: Provided further. That the National Park Service may use helicopters and motorized equipment at Death Valley National Monument for removal of feral burros and horses: Provided further. That notwithstanding the requirements of section 6(eXl) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8(e)), the properties which were the subject to grant 16 use 460/-8. assistance from the Land and Water Conservation Fund and trans- ferred by the city of Boise, Idaho, to the Bureau of Land Man- agement for subsequent transfer to the Peregrine Fund shall be replaced, at no cost, with land administered by the Bureau of Land Man£igement: Provided further. That such replacement land shall be provided in accordance with the existing statewide comprehensive outdoor recreation plan, be of at least equal fair market value, and of reasonably equivalent usefulness and location. GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas £is authorized by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $420,664,000: Provided, That $52,066,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided further. That no part of this appropriation shall be used to 43 use 50. pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality: Provided further. That the Geological Survey is authorized to accept lands, buildings, equipment, and other contri- butions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private.
98 STAT. 1846 PUBLIC LAW 98-473—OCT. 12, 1984 i- ADMINISTRATIVE PROVISIONS The amount appropriated for the Geological Survey shall be available for purchase of not to exceed 12 passenger motor vehicles, for replacement only; reimbursement to the General Services Ad- ministration for security guard services; contracting for the furnish- ing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts. MINERALS MANAGEMENT SERVICE LEASING AND ROYALTY MANAGEMENT For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicJable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; in- cluding the purchase of not to exceed 8 passenger motor vehicles for replacement only; $166,818,000 of which not less than $39,890,000 shall be available for royalty management activities including gen- eral administration: Provided, That of the funds appropriated for the Minerals Management Service, $50,000 shall be available for administrative, travel, communications, per diem, and other neces- sary expenses incurred by a nonprofit inter-industry organization in conducting meetings and workshops related to Outer Continental Shelf activities off Alaska. BUREAU OF MINES MINES AND M I N E R A L S For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health £md safety in mines and the mineral industry through research; and for other related purposes as authorized by law, $138,734,000, of which $81,836,000 shall remain available until expended, together with $1,667,000 to be derived from the amount 96 Stat. 838. appropriated in Public Law 97-257 to carry out the purposes of 94 Stat. 3211. section 2(b) of Public Law 96-543. ADMINISTRATIVE PROVISIONS The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal,
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1847 State, or private: Provided, That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOGY For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, 30 use 1201 $76,625,000, including the purchase of not to exceed 14 passenger note. motor vehicles, of which 9 shall be for replacement only; and uniform allowances of not to exceed $400 for each uniformed employee of the Office of Surface Mining Reclamation and Enforcement. ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out the provisions of title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, including the purchase of not more than 21 passenger 30 use 1231. motor vehicles, of which 15 shall be for replacement only, to remain available until expended, $303,001,000 to be derived from receipts of the Abandoned Mine Reclamation Fund: Provided, That pursuant to Public Law 97-365, the Department of the Interior is authorized to 96 Stat. 1749. utilize up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further. That of the funds made available to the States to contract for reclamation projects authorized in section 406(a) of Public Law 95-87, administrative expenses may not exceed 30 use 1236. 15 percent: Provided further. That none of these funds shall be used to increase over the fiscal year 1984 level a reclamation grant to any State which has no active program to review regulatory permits for those individuals who have outstanding fines or penalties related to past coal mining violations. BUREAU OF INDIAN AFFAIRS OPERATION O F INDIAN PROGRAMS For operation of Indian programs by direct expenditure, contracts, cooperative agreements and grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including pay- ment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order; management, development, improvement, and protection of resources and appur- tenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and busi- ness enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $895,834,000, of which not to
98 STAT. 1848 PUBLIC LAW 98-473—OCT. 12, 1984 exceed $55,706,000 for higher education scholarships and assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until September 30,1986, and the funds made available to tribes and tribal organizations through contracts authorized by the Indian Self- Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1986: Provided, That this carryover authority does not extend to programs directly operated by the Bureau of Indian Affairs; and includes expenses necessary to carry out the provisions of section 25 use 640d-i8. 19(a) of Public Law 93-531 (25 U.S.C. 640(d)-18(a)), $2,830,000, to remain available until expended: Provided further. That none of these funds shall be expended as matching funds for programs funded under section 103(a)(l)(B)(iii) of the Vocational Education Act of 1963, as amended (20 U.S.C. 2303(a)(l)(B)(iii)): Provided further, 25 use 13b. That hereafter, funds appropriated under this or any other Act for the Bureau of Indian Affairs may be used for the payment in advance or from date or admission of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; and the payment of rewards for information or evidence concerning violations of law on Indian reservation lands or treaty fishing rights 25 use 14a. use areas: Provided further, That hereafter moneys received by grant to the Bureau of Indian Affairs from other Federal agencies to carry out various programs for elementary and secondary education, handicapped programs, bilingual education, and other specific pro- grams shall be deposited into the appropriation account available for the operation of Bureau schools during the period covered by the grant and shall remain available as otherwise provided by law: 25 use 13c. Provided further. That hereafter any cost of providing lunches to nonboarding students in public schools from funds appropriated under this or any other Act for the Bureau of Indian Affairs shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for such students: Provided further. That no part of any appropriations to the Bureau of Indian Affairs shall be available to provide general assistance paynients for Alaska Natives in the State of Alaska unless and until otherwise specifically provided for by Congress: 25 use 13d. Provided further. That after September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of Indian Affairs may be used directly or by contract for general or other welfare assistance (except child welfare assistance) pajnnents (1) for other than essential needs (specifically identified in regulations of the Secretary or in regulations of the State public welfare agency pursuant to the Social Security Act adopted by reference in the Secretary's regulations) which could not be reasonably expected to be met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible for general public welfare assistance available from a State except to the extent the Secretary of the Interior determines that such payments are required under sections 60t)X2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793,1794, 1796; 25 U.S.C. 1725(bX2), 1725(i), 1728(b)): Provided further. That for the fiscal year ending September 30, 1985, the Secretary may not contract for the establishment or operation of a school not currently operated by the Bureau or assisted by the Bureau under contract.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1849 CONSTRUCTION For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands and interests in lands; preparation of lands for farming; and construction, repair, and improvement of Indian housing, $109,686,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation. ROAD CONSTRUCTION For construction of roads and bridges pursuant to authority con- tained in 23 U.S.C. 203, the Act of November 2,1921 (42 Stat. 208; 25 U.S.C. 13), and the Act of May 26,1928 (45 Stat. 750; 25 U.S.C. 318a), $6,000,000, to remain available until expended: Provided, That not to exceed 5 percent of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover roads program management costs and construction supervi- sion costs of the Bureau of Indian Affairs. UTAH PAIUTE TRUST FUND For deposit into the Economic Development and Tribal Govern- ment Fund established pursuant to Public Law 98-219, to be held in Ante, p. ll. trust for the benefit of the Utah Paiute Tribe pursuant to that law, $2,500,000. TRIBAL TRUST FUNDS In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated not to exceed $4,000,000 from tribal funds not otherwise available for expenditure and in addition hereafter tribal funds may be advanced to Indian tribes 25 use I23c. during each fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary including: expenditures for the benefit of Indians and Indian tribes; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, committees, and employees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; and relief of Indians, including cash grants. REVOLVING FUND FOR LOANS During fiscal year 1985, and within the resources and authority available, gross obligations for the principal amount of direct loans pursuant to the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451 et seq.), shall not exceed $18,600,000.
98 STAT. 1850 PUBLIC LAW 98-473—OCT. 12, 1984 INDIAN LOAN GUARANTY AND INSURANCE FUND During fiscal year 1985, total commitments to guarantee loans pursuant to the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451 et seq.), may be made only to the extent that the total loan principal, any part of which is to be guaranteed, shall not exceed resources and authority available. ADMINISTRATIVE PROVISIONS Appropriations for the Bureau of Indian Affairs (except the re- volving fund for loans and the Indian loan guarantee and insurance fund) shall be available for expenses of exhibits; purchase of not to exceed 275 passenger carrying motor vehicles of which 225 shall be 25 use I3e. for replacement only, and hereafter such appropriations under this or any other act shall be available for: the expenses of exhibits; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to 49 Stat. 1458. the Act of June 4, 1936 (48 Stat. 596), as amended (25 U.S.C. 452 et 70 Stat. 986. seq.), the Act of August 3, 1956 (70 Stat. 896), as amended (25 U.S.C. 309 et seq.), and legislation terminating Federal supervision over certain tribes; and expenses required by continuing or permanent 25 use 16. treaty provision: Provided, That hereafter passenger carrying motor vehicles of the Bureau may be used for the transportation of Indi- 25 use 292c. ans: Provided further. That hereafter no part of any appropriations to the Bureau of Indian Affairs under this or any other Act shall be available to continue academic and residential programs of the Chilocco, Seneca, Concho, and Fort Sill boarding schools, Oklahoma; Mount Edgecumbe boarding school, Alaska; Intermountain boarding school, Utah; and Stewart boarding school, Nevada: Provided fur- 25 use 290a. ther. That hereafter no part of any appropriation to the Bureau of Indian Affairs under this or any other act shall be used to subject the transportation of school children to any limitation on travel or transportation expenditures for Federal employees: Provided fur- ther. That notwithstanding any other provision of law, within sixty days of enactment of this Act, the Secretary of the Interior shall employ in the Flathead Irrigation and Power Project of the Bureau of Indian Affairs twenty-eight employees of the Joint Board of Control of the Flathead, Mission, and Jocko Valley Irrigation Dis- tricts at appropriate rates of pay which shall not be less than their 25 use 2001 rates of pay as of September 27,1984: Provided further. That none of note. the funds contained in this Act may be used to implement the provisions of sections 501 through 512 of title V of S. 2496 as agreed Post, p. 2391. to by the Senate on October 3,1984 (legislative day of September 24, 1984). TERRITORIAL AND INTERNATIONAL AFFAIRS ADMINISTRATION OF TERRITORIES For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, $76,554,000, of which (1) not to exceed $73,826,000 shall be available until expended for technical assistance; grants to the judiciary in Ameri- can Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; grants to the Government of the Virgin Islands as authorized by law (Public Law
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1851 98-213); construction grants to Guam of $5,725,000; direct grants to 97 Stat. 1459. the Government of the Northern Mariana Islands as authorized by law (Public Law 94-241, 90 Stat. 272, and Public Law 96-205, 94 Stat. 86); and (2) not to exceed $2,728,000 for fiscal year 1985 salaries and expenses of the Office of Territorial and International Affairs: Provided, That the Territorial and local governments herein pro- 48 u s e 1401f, vided for are authorized to make purchases through the General 1423Z, 1665. Services Administration: Provided further, That all financial trans- 48 u s e 1469b. actions of the Territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or utilized by such governments, shall be audited by the General Accounting Office, in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834): Provided further. That moneys heretofore appropriated by Public Law 97-394 96 Stat. 1968. and Public Law 98-146, or hereinafter appropriated for a direct 97 Stat. 919. grant or grants to the Northern Mariana Islands for the purpose of building health care facilities, as authorized by section 202 of Public Law 96-205, were and shall be transferred directly to the Northern 94 Stat. 86. Mariana Islands without regard to, limitation of, or restriction under laws, regulations, Office of Management and Budget circu- lars, or policy directives, except in the discretion of the Secretary of the Interior. TRUST TERRITORY OF THE PACIFIC ISLANDS For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), grants for the 48 use 1681 expenses of the High Commissioner of the Trust Territory of note. the Pacific Islands; grants for the compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions; $100,811,000, of which $79,311,000 is for operations, and $21,500,000 is for construction, to remain available until expended: Provided, That all financial trans- 48 use 1683. actions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834): Provided further. That the government of the 48 USC 1687. Trust Territory of the Pacific Islands is authorized to make pur- chases through the General Services Administration. DEPARTMENTAL OFFICES OFFICE OF T H E SECRETARY For necessary expenses of the Office of the Secretary of the Interior, $45,544,000, of which not to exceed $10,000 may be for official reception and representation expenses. OFFICE OF THE SOUCITOR For necessary expenses of the Office of the Solicitor, $20,548,000.
98 STAT. 1852 PUBLIC LAW 98-473—OCT. 12, 1984 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $17,253,000. CONSTRUCTION MANAGEMENT For necessary expenses of the Office of Construction Management, $750,000. OFFICE OF THE SECRETARY (SPECIAL FOREIGN CURRENCY PROGRAM) For payment in foreign currencies which the Treasury Depart- ment shall determine to be excess to the normal requirements of the United States, for necessary expenses of the United States Fish and Wildlife Service as authorized by law, $2,000,000, to remain avail- able until expended: Provided, That this appropriation shall be available, in addition to other appropriations, to such office for payments in the foregoing currencies (7 U.S.C. 1704). ADMINISTRATIVE PROVISIONS There is hereby authorized for acquisition from available re- sources within the Working Capital Fund, 10 additional aircraft, 4 of which shall be for replacement only: Provided, That no programs funded with appropriated funds in the "Office of the Secretary", "Office of the Solicitor", and "Office of Inspector General" may be augmented through the Working Capital Fund or the Consolidated Working Fund. GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR Funds. SEC 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, re- placement, or repair of aircraft, buildings, utilities, or other facili- ties or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made avail- able to the Department of the Interior for emergencies shall have been exhausted. SEC. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Inte- rior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes or volcanoes; for emergency reclamation projects under 30 use 1240. section 410 of Public Law 95-87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assump- tion of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equip-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1853 ment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That funds transferred pursuant to this section must be replenished by a sup- plemental appropriation which must be requested as promptly as possible. SEC. 103. Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31, U.S.C.: Provided, That reimburse- ments for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received. SEC. 104. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for tele- phone service in private residences in the field, when authorized under regulations approved by the Secretary, and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members: Provided, That no funds available to the Department of the Interior are available for any expenses of the Great Hall of Commerce. SEC. 105. Appropriations available to the Department of the Inte- rior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204). SEC. 106. Appropriations made in this title shall be available for Contracts. obligation in connection with contracts issued by the General Serv- ices Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. SEC. 107. No funds provided in this title may be expended by the Department of the Interior for the procurement, leasing, bidding, exploration, or development of lands within the Department of the Interior Central and Northern California Planning Area which lie north of the line between the row of blocks numbered N816 and the row of blocks numbered N817 of the Universal Transverse Mercator Grid System. SEC, 108. No funds provided in this title may be expended by the Outer Department of the Interior for the preparation for, or conduct of, Continental pre-leasing and leasing activities (including but not limited to: calls Shelf. for information, tract selection, notices of sale, receipt of bids and award of leases) of lands within: (a) An area of the Outer Continental Shelf, as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)), located in the Atlantic Ocean, bounded by the following line: from the intersection of the seaward limit of the Common- wealth of Massachusetts territorial sea and the 71 degree west longitude line south along that longitude line to its intersection with the line which passes between blocks 598 and 642 on Outer (Ilontinental Shelf protraction diagram NK 19-10; then along that line in an easterly direction to its intersection with the line
98 STAT. 1854 PUBLIC LAW 98-473—OCT. 12, 1984 between blocks 600 and 601 of protraction diagram NK 19-11; then in a northerly direction along that line to the intersection with the 60 meter isobath between blocks 204 and 205 of pro- traction diagram NK 19-11; then along the 60 meter isobath, starting in a roughly southeasterly direction; then turning roughly northeast, north, and west until such isobath intersects with the northern boundary of block 974 of protraction diagram NK 19-6; then along the line that lies between blocks 930 and 974 of protraction diagram NK 19-6 in a westerly direction to ' the first point of intersection with the seaward limit of the Commonwealth of Massachusetts territorial sea; then south- westerly along the seaward limit of the territorial sea to the point of beginning at the intersection of the seaward limit of the territorial sea and the 71 degree west longitude line. (b) The following blocks are excluded from the described area: In protraction diagram NK 19-10, blocks numbered 474 through 478, 516 through 524, 560 through 568, and 604 through 612; in protraction diagram NK 19-6, blocks numbered 969 through 971; in protraction diagram NK 19-5, blocks numbered 1005 through 1008; and in protraction diagram NK 19-8, blocks numbered 37 through 40, 80 through 84, 124 through 127, and 168 through 169. (c) The following blocks are included in the described area: In protraction diagram NK 19-11, blocks numbered 633 through 644, 677 through 686, 721 through 724, 765 through 767, 809 through 810, and 853; in protraction diagram NK 19-9, blocks numbered 106, 150, 194, 238, 239, and 283; and in protraction diagram NK 19-6, blocks numbered 854, 899, 929, 943, 944, and 987. (d) Blocks in and at the head of submarine canyons: An area of the Outer Continental Shelf, as defined in section 2(a) of the 43 use 1331. Outer Continental Shelf Lands Act (45 U.S.C. 1331(a)), located in the Atlantic Ocean off the coastline of the Commonwealth of Massachusetts, lying at the head of, or within the submarine canyons known as Atlantis Canyon, Veatch Canyon, Hydrogra- pher Canyon, Welker Canyon, Oceanographer Canyon, Gilbert Canyon, Lydonia Canyon, Alvin Canyon, Powell Canyon, Munson Canyon, and Corsair Canyon, and consisting of the following blocks, respectively: (1) On Outer Continental Shelf protraction diagram NJ 19-1; blocks 36, 37, 38, 42-44, 80-82, 86-88, 124, 125, 130-132,168,169,174-176,212,213. (2) On Outer Continental Shelf protraction diagram NJ 19-2; blocks 8, 9,17-19, 51-52, 53, 54, 61-63, 95-98,139,140. (3) On Outer Continental Shelf protraction diagram NK 19-10; blocks 916, 917, 921, 922, 960, 961, 965, 966, 1003-1005,1009-1011. (4) On Outer Continental Shelf protraction diagram NK 19-11; blocks 521, 522, 565, 566, 609, 610, 653-655, 697-700, 734, 735, 741-744, 769, 778-781, 785-788, 813, 814, 822-826, 829-831, 857, 858, 866-869, 873-875, 901, 902, 910-913, 917, 945-947, 955, 956, 979, 980, 989-991, 999. (5) On Outer Continental Shelf protraction diagram NK 19-12; blocks 155, 156, 198, 199, 280-282, 324-326, 369-371, 401, 413-416, 442-446, 450, 451, 489-490, 494, 495, 530, 531, 533-540, 574, 575, 577-583, 618, 619, 621-623, 626, 627, 662,
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1855 663, 665-667, 671, 672, 706, 707, 710, 711, 750, 751, 754, 755, 794,795,798,799. (6) On Outer Continental Shelf protraction diagram NK 19-9; blocks 559-561, 603-607, 647-651, 693-695, 737-739. (7) On Outer Continental Shelf protraction diagram NK 20-7; blocks 706, 750, 662, 618, 574. (e) Nothing in this section shall prohibit the lease of that portion of any blocks described in subsection (d) above which lies outside the geographical boundaries of the submarine can- yons and submarine canyon heads described in subsection (d) above: Provided, That for purposes of this subsection, the geo- graphical boundaries of the submarine canyons and submarine canyon heads shall be those recognized by the National Oceano- graphic and Atmospheric Administration, Department of Com- merce, on the date of enactment of this Act. (f) Nothing in this section shall prohibit the Secretary of the Interior from granting contracts for scientific study, the results of which could be used in making future leasing decisions in the planning area and in preparing environmental impact state- ments as required by the National Environmental Policy Act. 42 u s e 4321 (g) References made to blocks, protraction diagrams, and note. isobaths are to such blocks, protraction diagrams, and isobaths as they appear on the map entitled Outer Continental Shelf of the North Atlantic from 39° to 45" North Latitude (Map No. MMS-10), prepared by the United States Department of the Interior, Minerals Management Service, Atlantic OCS Region. SEC. 109. None of the funds appropriated or otherwise made Mt. McKinlejf, available pursuant to this Act shall be obligated or expended to finance changing the name of the mounteiin located 63 degrees, 04 minutes, 15 seconds west, presently named and referred to as Mount McKinley. SEC. n o . Notwithstanding any other provision of law, appropria- Insurance. tions in this title shall be available to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico. SEC. 111. No funds provided in this title may be expended by the California lands, Department of the Interior for the lease sale of tracts in Lease Sale leasing. numbered 80 within the following areas: (1) an area of the Department of the Interior Southern Cali- fornia Planning Area bounded by the following line on the California (Lambert) Plane Coordinate System: From the point of intersection of the international boundary line between the United States and Mexico and the seaward boundary of the California State Tidelands west along said international bound- ary line to the point of intersection with the line between the row of blocks numbered 28 west and the row of blocks numbered 27 west; thence north to the northeast corner of block 20 north, 28 west; thence northwest to the southwest corner of block 29 north, 35 west; thence north along the line between the row of blocks numbered 36 west and the row of blocks numbered 35 west to its intersection with the seaward boundary of the Cali- fomia State Tidelands; thence easterly along the seaward boundary of the California State Tidelands to the point of beginning; (2) a portion of the Department of the Interior Southern California Planning Area which lies both: (a) east of the line between the row of blocks numbered 53 west and the row of
98 STAT. 1856 PUBLIC LAW 98-473—OCT. 12, 1984 blocks numbered 52 west, and (b) north of the line between the row of blocks numbered 34 north and the row of blocks num- bered 35 north, on the California (Lambert) Plane Coordinate System; (3) the boundaries of the Channel Island National Marine Sanctuary, as defined by title 15, part 935.3 of the Code of Federal Regulations; and (4) the boundaries of the Santa Barbara Channel Ecological Preserve and Buffer Zone, as defined by the Department of the Interior, Bureau of Land Management Public Land Order num- bered 4587 (vol. 34, page 5655 Federal Register March 26,1969). This section shall not affect the authority of the Secretary of the Interior to approve any plan, or to grant any license or permit, which is restricted to scientific exploration or other scientific activi- ties, or other preleasing activities necessary up to the point of sale. SEC. 112. No funds provided in this title may be used to detail any employee to an organization unless such detail is in accordance with Office of Personnel Management regulations. 97 Stat. 13. SEC. 113. Notwithstanding the provisions of Public Law 98-8, the deadline for outlaying Federal funds provided in that Act under the headings "Repairing and Restoring Parks and Recreational Facili- ties," "Historic Preservation Fund," and "Land and Water Conser- vation Fund" is extended to March 1,1985, TITLE II—RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST RESEARCH For necessary expenses of forest research as authorized by law, $123,433,000, of which $8,000,000 shall remain available until ex- pended for competitive research grants, as authorized by section 5 of 16 use 1644. Public Law 95-307. STATE AND PRIVATE FORESTRY For necessary expenses of cooperating with, and providing techni- cal and financial assistance to States, Territories, possessions, and others; and for forest pest management activities, $59,505,000, to remain available for obligation until expended, to carry out activi- 16 use 2101 ties authorized in Public Law 95-313: Provided, That a grant of note. $3,000,000 shall be made to the State of Minnesota for the purposes 92 Stat. 1652. authorized by section 6 of Public Law 95-495: Provided further. That not less than $35,000 in pest suppression funds shall be provided for suppression of oak wilt in the State of Texas: Provided further. That $325,000 shall be made available to the Disabled Veterans Recrea- tion, Inc., for construction of and other improvements to the Dis- abled Veterans Wilderness Retreat in Ely, Minnesota, for purposes 92 Stat. 1658. authorized by section 18(d) of Public Law 95-495. NATIONAL FOREST SYSTEM For necessary expenses of the Forest Service, not otherwise pro- vided for, for management, protection, improvement, and utilization of the National Forest System, and for liquidation of obligations
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1857 incurred in the preceding fiscal year for forest fire protection and emergency rehabilitation, including administrative expenses associ- ated with the management of funds provided under the heads "Forest Research", "State and Private Forestry", "National Forest System", "Construction", and "Land Acquisition", and not less than $3,300,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13,1970, as amended by Public Law 93-408, $1,067,020,000 of which $151,095,000, for reforestation and 16 USC timber stand improvement, cooperative law enforcement, and main- 1701-1706. tenance of forest development roads and trails shall remain avail- able for obligation until September 30,1986. CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise pro- vided for, for construction, $268,635,000, of which $226,290,000 shall be derived by transfer from the unused funds for timber purchaser road credits previously appropriated under the heading "Forest Roads" in Public Law 94-373, Public Law 95-74, and Public Law 90 Stat. 1043. 95-465 and under the heading "Construction and Land Acquisition" 91 Stat. 285. in Public Law 96-196 and Public Law 96-514, to remain available ^| ^gf; J f ^• until expended, of which $26,922,000 is for construction and acquisi- 94 Stat! 2957. tion of buildings and other facilities; and $241,713,000 is for construction of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That funds becoming available in fiscal year 1985 under the Act of March 4, 1913 (16 U.S.C. 501), shall be transferred to the General Fund of the Treasury of the United States: Provided further. That no more than $196,226,000, to remain available without fiscal year limitation, shall be obligated for the construction of forest roads by timber purchasers. LAND ACQUISITION For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4-11), including administrative expenses, and for acquisition of 16 USC 460/-4 land or waters, or interest therein, in accordance with statutory ^°^- authority applicable to the Forest Service, $44,493,000, to be derived from the Land and Water Conservation Fund, to remain available until expended: Provided, That $2,000,000 shall be available for the acquisition of oil, gas, and other mineral interests in the Allegheny National Forest: Provided further. That such funds shall be avail- able for obligation only to the extent that the Secretary of Agricul- ture deems necessary to carry out the purposes of the Pennsylvania Wilderness Act of 1984. Ante, p. 3ioo. ACQUISITION OF LANDS FOR NATIONAL FORESTS, SPECIAL ACTS For acquisition of land within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, and Cleveland National Forests, California, as authorized by law, $782,000, to be derived from forest receipts.
98 STAT. 1858 PUBLIC LAW 98-473—OCT. 12, 1984 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), all funds deposited by public school authorities pursuant to that Act, to remain available until expended. RANGE BETTERMENT FUND For necessary expenses of range rehabilitation, protection, and improvement in accordance with section 401(bXl), of the Act of 43 use 1751. October 21, 1976, Public Law 94-579, as amended, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen Western States, to remain available until expended. MISCELLANEOUS TRUST FUNDS For expenses authorized by 16 U.S.C. 1643(b), $90,000, to remain available until expended, to be derived from the fund established pursuant to 16 U.S.C. 1643(b). ADMINISTRATIVE PROVISIONS, FOREST SERVICE Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 179 psissenger motor vehicles of which 8 will be used primarily for law enforcement purposes and of which 163 shall be for replacement only, acquisition of 184 passenger motor vehicles from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed 4 for replacement only, and acquisition of 45 aircraft from excess sources; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for emplo5mient under 5 U.S.C. 3109; (c) uniform allowances for each uniformed employee of the United States Forest Service, not in excess of $400 annually; (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); and (f) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note). None of the funds made available under this Act shall be obli- gated or expended to adjust annual recreational residence fees to an amount greater than that annual fee in effect at the time of the next to last fee adjustment, plus 50 per centum. In those cases where the currently applicable annual recreational residence fee exceeds that adjusted amount, the Forest Service shall credit to the permittee that excess amount, times the number of years that that fee has been in effect, to offset future fees owed to the Forest Service. Current permit holders who acquired their recreational residence permit after the next to last fee adjustment shall have their annual permit fee computed as if they had their permit prior to the next to l£ist fee adjustment, except that no permittee shall receive an un- earned credit. None of the funds made available under this Act shall be obli- gated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research. State and private forestry, or National Forest System administration of the Forest Service, Department of Agriculture, without the consent
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1859 of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives. Any appropriations or funds available to the Forest Service may be advanced to the National Forest System appropriation for the emergency rehabilitation of burned-over lands under its jurisdiction. Appropriations and funds available to the Forest Service shall be available to comply with the requirements of section 313(a) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)). The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Commit- tees on Appropriations. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development in . connection with forest and rangeland research and technical infor- mation and assistance in foreign countries. Funds previously appropriated for timber salvage sales may be recovered from receipts deposited for use by the applicable national forest and credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest. Provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) shall apply to appropriations available to the Forest Service only to the extent that the proposed transfer is approved by the House and Senate Committees on Appro- | , priations in compliance with the reprogramming procedures con- , tained in House Report 97-942. No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service. Notwithstanding any delegations of authority provided for in the regulations of the Department of Agriculture or in the Forest Service manual, the Chief of the Forest Service shall, personally and without aid of mechanical devices or persons acting on his behalf, execute (1) all deeds conveying federally owned land which exceeds $250,000 in value, (2) all acceptances of options on lands to be acquired which exceed $250,000 in value, (3) all recommendations that condemnation be initiated, (4) all letters accepting donations of land, (5) all decisions on appeals of decisions related to land transac- tions made by regional foresters, and (6) land related transmittals to the House or Senate Committees on Appropriations, including all proposals for congressional action such as the acquisition of lands in excess of the approved appraised value, condemnation actions, and other items covered in reprogramming guidelines. Not to exceed $900,000 shall be available from National Forest System appropriations or permanent appropriations for the specific purpose of removing slash and cull logs from the Bull Run, Oregon, * > watershed to preserve water quality and reduce fire hazards.
98 STAT. 1860 PUBLIC LAW 98-473—OCT. 12, 1984 DEPARTMENT OF THE TREASURY >.; ENERGY SECURITY RESERVE (RESCISSION) Of the funds appropriated to the Energy Security Reserve by the Department of the Interior and Related Agencies Appropriations 93 Stat. 954. Act, 1980 (Public Law 96-126) and subsequently made available to carry out title I, part B of the Energy Security Act (Public Law 42 use 8701 96-294) by Public Laws 96-304 and 96-514, $5,375,000,000 are re- q4*st Hvi scinded: Provided, That of the remaining funds in the Energy 94 Stat 2957 Security Reserve for carrying out title I, part B of the Energy Security Act, the amount of $5,700,000,000 shall be initially avail- able only for obligation to projects with Letters of Intent authorized by the Board of Directors of the United States Synthetic Fuels Corporation on or before June 1, 1984; and, if by reason of Board determinations that the Corporation will not enter into financial assistance contracts with projects for which such Letters were au- thorized, or that lesser amounts of financial assistance than those specified in such authorizations shall be awarded, there remains a balance of such amount which is unobligated and uncommitted, 50 percent of said balance shall cease to be available for obligation and the remaining 50 percent of said balance shall thereafter be avail- able for commitment or obligation by the Corporation pursuant to 42 use 8701 the Energy Security Act: Provided further, That until such time as note„ the comprehensive strategy is approved pursuant to section 126(c) of 42 use 8722. the Energy Security Act, the Board of Directors shall solicit propos- als and award financial assistance pursuant to applicable sections of the Energy Security Act without regard to the national synthetic 42 use 8721. fuel production goal established under section 125 of the Act: Provided further, That of the $5,375,000,000 rescinded from the Energy Security Reserve, $750,000,000 shall be deposited and re- tained in a separate account hereby established in the Treasury of the United States, entitled the "Clean Coal Technology Reserve," which account and the appropriations therefor, shall be available for the purpose of conducting cost-shared clean coal technology projects for the construction and operation of facilities to demon- strate the feasibility for future commercial application of such technology, including those identified in section 320 of the fiscal year 1985 Department of the Interior and Related Agencies Appropriations Act, as reported by the Senate Committee on Appro- priations (H.R. 5973, Senate Report 98-578), without fiscal year limitation, subject to subsequent annual appropriation in the De- partment of the Interior and Related Agencies Appropriations Act. 42 use 8713. Section 117 of the United States Synthetic Fuels Corporation Act of 1980 is amended by adding at the end thereof the following new subsection: 42 use 8714. "(f) Subject to section 118, Directors, officers, and employees of the Corporation shall be subject to the same standards of ethical con- duct and financial reporting as are set forth in Executive Order 18 use 201 note. 11222. The Chairman shall promptly implement such standards.". 42 use 8768. Section 168 of the United States Synthetic Fuels Corporation Act of 1980 is amended by— (1) Redesignating section 168 as subsection 168(a); and (2) Inserting at the end thereof the following new subsection:
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1861 "(b) An aggrieved person may bring action in the district courts of Courts, U.S. the United States to enforce, and secure compliance with, the policies and guidelines of the Corporation implementing the require- ments of subsections 121 (a) and (b) for public disclosure of informa- 42 use 8717. tion and the requirements of subsection 116(f) for meetings of the 42 use 8712. Board of Directors to be open to the public and preceded by reasona- ble public notice.". DEPARTMENT OF ENERGY FOSSIL ENERGY RESEARCH AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95-91), including the acquisi- 42 use 7101 tion of interest, including defeasible and equitable interests in any note. real property or any facility or for plant or facility acquisition or expansion, $280,558,000, to remain available until expended, and $39,196,000 to be derived by transfer from unobligated balances in the "fossil energy construction" account, $5,800,000 to be derived by transfer from the account in Public Law 96-126 (93 Stat. 970 (1979)) entitled "Alternative Fuels Production", $2,500,000 to be derived by transfer from unobligated prior year balances in the energy produc- tion, demonstration, and distribution account, and $3,000,000 is to be derived by transfer from amounts derived from fees for guarantees of obligations collected pursuant to section 19 of the Federal Nonnu- clear Energy Research and Development Act of 1974, as amended (42 U.S.C. 5919), and deposited in the Energy Security Reserve established by Public Law 96-126: Provided, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further. That $7,500,000 of the sum provided under this heading shall be available for demonstration of the Kilngas coal gasification process, with the provision that the United States Treasury shall be repaid up to double the total Federal expenditure for such process from proceeds to the participants from the commercial sale, lease, manufacture, or use of such process. NAVAL PETROLEUM AND OIL SHALE RESERVES For necessary expenses in canying out naval petroleum and oil shale reserves activities, including the purchase of not to exceed 2 passenger motor vehicles, $160,076,000 to remain available until expended. ENERGY CONSERVATION For necessary expenses in carrying out energy conservation activi- ties, $467,969,000 to remain available until expended: Provided, That for the base State Energy Conservation Program (part D of the 42 use 6323a. Energy Policy and Conservation Act, sections 361 through 366), each ^LV^^QOC State will hereafter match in cash or in kind not less than 20 ^^^i-^-^^^ percent of the Federal contribution: Provided further. That these funds may be used for grants to the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau under part D of title
98 STAT. 1862 PUBLIC LAW 98-473—OCT. 12, 1984 III of the Energy Policy and Conservation Act (relating to primary and supplemental State energy conservation programs, 42 U.S.C. 6321-6327) and under the National Energy Extension Service Act (42 U.S.C. 7001-7011): Provided further, That pursuant to section lll(bXl)(B) of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5821(b)(1)(B), of the amount appropriated under this head, $16,000,000 shall be available for a grant for basic industry research facilities located at Northwestern University without section 111(b)(2) of such Act being applicable. ECONOMIC REGULATION For necessary expenses in carrying out the activities of the Eco- nomic Regulatory Administration and the Office of Hearings and Appeals, $25,247,000. EMERGENCY PREPAREDNESS For necessary expenses in carrying out emergency preparedness activities, $6,220,000. SPR PETROLEUM ACCOUNT The aggregate amount that may be obligated under section 167 of 42 use 6247. the Energy Policy and Conservation Act of 1975 (Public Law 94-163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), for the acquisition and transportation of petroleum, and for other necessary expenses, is $2,049,550,000, in addition to authority provided in fiscal years 1982,1983, and 1984, to remain available until expended: Provided, That the minimum re- quired fill rate during fiscal year 1985 shall be not less than 159,000 barrels per day. ENERGY INFORMATION ADMINISTRATION For necessary expenses in carrying out the activities of the Energy Information Administration, $61,657,000. ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uni- forms; and reimbursement to the General Services Administration for security guard services. From this appropriation, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to g rosecute projects in cooperation with other agencies. Federal, tate, private, or foreign: Provided, That (1) revenues received from the sale of any products produced in facilities other than demonstra- tion plants operated as part of Department of Energy programs appropriated under this Act shall be covered into the Treasury as
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1863 miscellaneous receipts; and (2) revenues and other moneys received • by or for the account of the Department of Energy or otherwise generated by sale of products in connection with demonstration plant projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further. That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided fur- ther. That any contract, agreement or provision thereof entered into by the Secretary pursuant to this authority shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Con- gress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement or provision thereof shall become effective, • except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolu- tions in writing, waive the condition of all or any portion of such thirty-day period. Where the Secretary has the legal authority under other provi- sions of law, including other provisions of this Act, to undertake projects for the design, construction, or operation of Government- owned facilities for developing or demonstrating the conversion of coal into gaseous, liquid, or solid hydrocarbon products, the Secre- tary may use the authority contained in Public Law 85-804 (50 U.S.C. 1431-1435), with respect to such contracts or agreements for or related to such projects: Provided, That any contract, agreement, or provision thereof entered into by the Secretary using the author- ity of Public Law 85-804 shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agree- ment or provision thereof shall become effective, except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolutions in writing, waive the condition of all or any portion of such thirty-day period. The notification required herein shall be in lieu of the notification requirements of Public Law 85-804. The Secretary of Energy may transfer to the Emergency Pre- paredness appropriation such funds as are necessary to meet any unforeseen needs from any funds available to the Department of Energy from this Act, DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH SERVICES ADMINISTRATION INDIAN HEALTH SERVICES For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health 42 use Care Improvement Act, and titles III and V and section 338G of the 200i-2004b. CO UoC 450 note:. 25 u s e 1601 note.
98 STAT. 1864 PUBLIC LAW 98-473—OCT. 12, 1984 42 use 241, 219, Public Health Service Act with respect to the Indian Health Service, 254r. including hire of passenger motor vehicles and aircraft; purchase of reprints; purchase and erection of portable buildings; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary, $809,927,000: Pro- vided, That funds made available to tribes and tribal organizations through grants and contracts authorized by the Indian Self-Determi- nation and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall remain available until September 30, 1986. Funds provided in this Act may be used for one-year contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropri- ated: Provided further. That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the 25 use note Indian Health Care Improvement Act shall be available until Sep- prec. 1651. tember 30, 1986, for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of 42 use 1395, the Social Security Act (exclusive of planning, design, construction 1396. of new facilities, or major renovation of existing Indian Health Service facilities): Provided further, That funding contained herein, and in any earlier appropriations Act, for scholarship programs under section 103 of the Indian Health Care Improvement Act and 25 use 1613. section 757 of the Public Health Service Act shall remain available 42 use 254r. for expenditure until September 30,1986. INDIAN HEALTH FACIUTIES For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for person- nel; preparation of plans, specifications, and drawings; acquisition of sit€», purchase and erection of portable buildings, purchases of trailers and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act 25 use 450 note, and the Indian Health Care Improvement Act, $62,892,000, to 25 use 1601 remain available until expended. note. ADMINISTRATIVE PROVISIONS, HEALTH SERVICES ADMINISTRATION Appropriations in this Act to the Health Services Administration, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS-18, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902), and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contrib- ute to improved conduct, supervision, or management of those functions or activities: Provided, That none of the funds appropri- ated under this Act to the Indian Health Service shall be available for the initial lease of permanent structures without advance provi- sion therefor in appropriations Acts: Provided further. That non- Indian patients may be extended health care at all Indian Health Service facilities, if such care can be extended without impairing the ability of the Indian Health Service to fulfill its responsibility to provide health care to Indians served by such facilities and subject to such reasonable charges as the Secretary of Health and Human Services shall prescribe, the proceeds of which shall be deposited in
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1865 the fund established by sections 401 and 402 of the Indian Health Care Improvement Act: Provided further, That funds appropriated 43 USC I395f, to the Indian Health Service in this Act, except those used for I395n, I395qq administrative and program direction purposes, shall not be subject ^"^ JJ"*^' JgggJj to limitations directed at curtailing Federal travel and transporta- ^" " ' tion: Provided further, That with the exception of service units 25 USC 1681. which currently have a billing policy, the Indian Health Service shall not initiate any further action to bill Indians in order to collect from third-party payers nor to charge those Indians who may have the economic means to pay unless and until such time as Congress has agreed upon a specific policy to do so and has directed the IHS to implement such a policy: Provided further, That hereafter the 25 USC 1682. Indian Health Service may seek subrogation of claims including but not limited to auto accident claims, including no-fault claims, per- sonal injury, disease, or disability claims, and workman's compensa- tion claims except as otherwise limited by the fourth proviso of this section: Provided further. That hereafter, notwithstanding any other 25 USC 1635. law, an Indian tribe may acquire and expend funds, other than funds appropriated to the Service, for major renovation and modern- ization, including planning and design for such renovation and modernization of Service facilities, including facilities operated pur- suant to contract under the Indian Self-Determination and Educa- tion Assistance Act (Public Law 93-638) subject to the following 25 use 450 note. conditions: (1) the implementation of such project shall not require or obligate the Service to provide any additional staff or equipment; (2) the project shall be subject to the approval of the Area Director of the Service area office involved; (3) the tribe shall have full authority to administer the project, but shall do so in accordance with applicable rules and regulations of the Secretary governing construction or renova- tion of Service health facilities; and (4) no project of renovation or modernization shall be author- ized herein if it would require the diversion of Service funds from meeting the needs of projects having a higher priority on the current health facilities priority system. DEPARTMENT OF EDUCATION OFFICE OF ELEMENTARY AND SECONDARY EDUCATION INDIAN EDUCATION For carrying out, to the extent not otherwise provided, part A ($51,350,000) and parts B and C ($15,000,000) of the Indian Education Act, and the General Education Provisions Act, $68,780,000. 20 use 24iaa note. OTHER RELATED AGENCIES ^^ ^^^ ^^^^ NAVAJO AND HOPI INDIAN RELOCATION COMMISSION SALARIES AND EXPENSES For necessary expenses of the Navajo and Hopi Indian Relocation Commission as authorized by Public Law 93-531, $20,736,000, to 25USC640d- remain available until expended, for operating expenses of the 640d-28. 31-194 - 0 - 86 - 23 : QL. 3 P a r t 2
98 STAT. 1866 PUBLIC LAW 98-473—OCT. 12, 1984 Commission: Provided, That July 7, 1985, is hereby estabHshed as the deadUne for receipt of applications for voluntary relocation. SMITHSONIAN INSTITUTION ,, SALARIES AND EXPENSES For necessary expenses of the Smithsonian Institution, including > research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; pres- entation of public exhibits and performances; collection, prepara- tion, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed ten years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $165,730,000 including not less than $789,000 to carry out the provisions of the National Museum Act, $350,000 to be made available to the trustees of the John F. Kennedy Center for the Performing Arts for payment to the National Symphony Orchestra and $350,000 for payment to the Washington Opera Society for activities related to their responsibil- ities as resident entities of the Center: Provided, That funds appro- priated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further. That none of these funds shall be available to a Smithsonian Research Foundation. MUSEUM PROGRAMS AND RELATED RESEARCH (SPECIAL FOREIGN CURRENCY PROGRAM) For payments in foreign currencies which the Treasury Depart- ment shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $9,000,000, to remain available until expended and to be available only to United States institutions: Provided, That this appropriation shall be available, in addition to other appropriations to the Smithsonian Institution, for payments in the foregoing currencies: Provided further, That none of these funds shall be available to a Smithsonian Research Foundation: Provided further. That not to exceed $500,000 may be used to make grant awards to employees of the Smithsonian Institution. CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $4,950,000 to remain available until expended. RESTORATION AND RENOVATION OF BUILDINGS For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 20 use 53a. (63 Stat. 623), including not to exceed $10,000 for services as author-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1867 ized by 5 U.S.C. 3109, $13,750,000, to remain available until expended: Provided, That contracts awarded for environmental sys- tems, protection systems, and exterior repair or renovation of build- ings of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price: Provided further, That notwithstanding any other provisions of law, the Secretary of the Smithsonian Institution is authorized to transfer to the county of Santa Cruz, Arizona, a sum not to exceed $100,000 within available funds for the sole purpose of assisting in the funding of the construction of a permanent access to the Whipple Observatory near Amado, Arizona. NATIONAL GALLERY OF ART, SALARIES AND EXPENSES For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including serv- 20 USC 74. ices as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in li- brary, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); purchase, or rental of devices and services for protecting buildings and contents : thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $36,821,000, of which $3,200,000 for the repair, renovation, and restoration program of the original West Building shall remain available until expended and of which $3,992,000 for the special exhibition program (of which $2,000,000 is for the Treasure Houses of Britain exhibition) shall remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS, SALARIES AND EXPENSES For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $2,712,000.
98 STAT. 1868 PUBLIC LAW 98-473—OCT. 12, 1984 NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GRANTS A N D ADMINISTRATION For necessary expenses to carry out the National Foundation on 20 use 951 note, the Arts and Humanities Act of 1965, as amended, $137,000,000 of which $121,100,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) 20 use 954. of the Act, of which not less than 20 per centum of the funds provided for section 5(c) shall be available for assistance pursuant to section 5(g) of the Act, and $15,900,000 shall be available for admin- istering the functions of the Act. MATCHING GRANTS To carry out the provisions of section 10(aX2) of the National Foundation on the Arts and the Humanities Act of 1965, as 20 use 959. amended, $30,000,000 to remain available until September 30, 1986, to the National Endowment for the Arts, of which $21,000,000 shall 20 use 954. be available for purposes of section 5(1): Provided, That this appro- priation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of section 10(aX2), subsec- 20 use 960. tions 11(a)(2)(A) and ll(aX3XA) during the current and preceding fiscal year for which equal amounts have not previously been appropriated. NATIONAL ENDOWMENT FOR THE HUMANITIES GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $111,325,000 of which $97,150,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities, 20 use 956. pursuant to section 7(c) of the Act, of which not less than 20 per centum shall be available for assistance pursuant to section 7(f) of the Act, and $14,175,000 shall be available for administering the functions of the Act. MATCHING GRANTS To carry out the provisions of section 10(aX2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $31,000,000, to remain available until September 30,1986, of which $20,000,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the ChairmEin or by grantees of the Endowment under the provisions of subsections ll(aX2XB) and ll(aX3XB) during the current and preceding fiscal years, for which equal amounts have not previously been appropriated.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1869 INSTITUTE OF MUSEUM SERVICES GRANTS AND ADMINISTRATION For carrying out title II of the Arts, Humanities, and Cultural Affairs Act of 1976, as amended, $22,000,000: Provided, That none of 20 use 961 note. these funds shall be available for the compensation of Executive Level V or higher positions. ADMINISTRATIVE PROVISIONS None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses. COMMISSION OF F I N E ARTS SALARIES AND EXPENSES For expenses made necessary by the Act establishing a Commis- sion of Fine Arts (40 U.S.C. 104), $380,000. ADVISORY COUNCIL ON HISTORIC PRESERVATION SALARIES A N D EXPENSES For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 89-665, as amended, 16 use 470. $1,578,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher positions. NATIONAL CAPITAL PLANNING COMMISSION SALARIES AND EXPENSES For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71-71i), including services as author- 16 use 71 note. ized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $2,725,000. FRANKUN DELANO ROOSEVELT MEMORIAL COMMISSION SALARIES AND EXPENSES For necessary expenses of the Franklin Delano Roosevelt Memo- rial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $21,000 to remain available for obligation until September 30,1986. PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION SALARIES AND EXPENSES For necessary expenses, as authorized by section 17(a) of Public Law 92-578, as amended, $2,300,000 for operating and administra- 40 use 885. tive expenses of the C!orporation.
98 STAT. 1870 PUBLIC LAW 98-473—OCT. 12, 1984 PUBLIC DEVELOPMENT For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 40 u s e 885. 92-578, as amended, $4,500,000 to remain available for obligation until expended. FEDERAL INSPECTOR FOR THE ALASKA GAS PIPELINE PERMITTING AND ENFORCEMENT For necessary expenses of the Federal Inspector for the Alaska Gas Pipeline, $1,430,000, of which not to exceed $1,000 may be used for official reception and representation expenses. UNITED STATES HOLOCAUST MEMORIAL COUNCIL HOLOCAUST MEMORIAL COUNCIL For expenses of the Holocaust Memorial Council, as authorized by 36 u s e 1401- Public Law 96-388, $2,031,000. 1408. TITLE III—GENERAL PROVISIONS Contracts. SEC. 301. The expenditure of any appropriation under this Act for Public any consulting service through procurement contract, pursuant to 5 availability. U.S.C. 3109, shall be limited to those contracts where such expendi- tures are a matter of public record and available for public inspec- tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Timber. SEC. 302. No part of any appropriation under this Act shall be Exports. available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: Provided, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufactur- ing needs. Shawnee SEC. 303. No part of any appropriation under this Act shall be National Forest, available to the Secretary of the Interior or the Secretary of Agricul- 111. ture for the leasing of oil and natural gas by noncompetitive bidding Petroleum and petroleum on publicly owned lands within the boundaries of the Shawnee products. National Forest, Illinois: Provided, That nothing herein is intended Natural gas. to inhibit or otherwise affect the sale, lease, or right to access to minerals owned by private individuals. Lobbying SEC. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete. Hunting. SEC. 305. No funds appropriated by this Act shall be available for Birds. the implementation or enforcement of any rule or regulation of the United States Fish and Wildlife Service, Department of the Interior, requiring the use of steel shot in connection with the hunting of waterfowl in any State of the United States unless the appropriate
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1871 State regulatory authority approves such implementation and enforcement. SEC. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 307. None of the funds provided in this Act to any depart- ment or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such department or agency. SEC. 308. Except for lands describea by sections 105 and 106 of National Forest Public Law 96-560, section 103 of Public Law 96-550, section 5(dXl) System. of Public Law 96-312, and except for land in the State of Alaska, and National Wilderness lands in the national forest system released to management for any Preservation use the Secretary of Agriculture deems appropriate through the System. land management planning process by any statement or other Act Conservation. of Congress designating components of the National Wilderness 94 Stat. Preservation System now in effect or hereinafter enacted, and 3268-3270. 94 Stat. 3223. except to carry out the obligations and responsibilities of the Secre- 94 Stat. 949. tary of the Interior under section 17(kXl) (A) and (B) of the Mineral Leasing Act of 1920 (30 U.S.C. 226), none of the funds provided in this Act shall be obligated for any aspect of the processing or issuance of permits or leases pertaining to exploration for or devel- opment of coal, oil, gas, oil shale, phosphate, potassium, sulphur, gilsonite, or geothermal resources on Federal lands within any component of the National Wilderness Preservation System or within any Forest Service RARE II areas recommended for wil- derness designation or allocated to further planning in Executive Communication 1504, Ninety-sixth Congress (House Document num- bered 96-119); or within any lands designated by Congress as wilder- ness study areas or within Bureau of Land Management wilderness study areas: Provided, That nothing in this section shall prohibit the expenditure of funds for any aspect of the processing or issuance of permits pertaining to exploration for or development of the mineral resources described in this section, within any component of the National Wilderness Preservation System now in effect or herein- after enacted, any Forest Service RARE II areas recommended for wilderness designation or allocated to further planning, within any lands designated by Congress as wilderness study areas, or Bureau of Land Management wilderness study areas, under valid existing rights, or leases validly issued in accordance with all applicable Federal, State, and local laws or valid mineral rights in existence prior to October 1, 1982: Provided further, That funds provided in this Act may be used by the Secretary of Agriculture in any area of National Forest lands or the Secretary of the Interior to issue under their existing authority in any area of National Forest or public lands withdrawn pursuant to this Act such permits as may be necessary to conduct prospecting, seismic surveys, and core sam- pling conducted by helicopter or other means not requiring con- struction of roads or improvement of existing roads or ways, for the purpose of gathering information about and inventorying energy, mineral, and other resource values of such area, if such activity is carried out in a manner compatible with the preservation of the wilderness environment: Provided further. That seismic activities involving the use of explosives shall not be permitted in designated wilderness areas: Provided further. That funds provided in this Act may be used by the Secretary of the Interior to augment recurring surveys of the mineral values of wilderness areas pursuant to
98 STAT. 1872 PUBLIC LAW 98-473—OCT. 12, 1984 16 u s e 1133. section 4(d)(2) of the Wilderness Act and acquire information on other national forest and public land are£is withdrawn pursuant to this Act, by conducting, in conjunction with the Secretary of Energy, the national laboratories, or other Federal agencies, as appropriate, such mineral inventories of areas withdrawn pursuant to this Act as he deems appropriate. These inventories shall be conducted in a manner compatible with the preservation of the wilderness environ- ment through the use of methods including core sampling conducted by helicopter; geophysical techniques such as induced polarization, synthetic aperture radar, magnetic and gravity surveys; geochemi- cal techniques including stream sediment reconnaissance and X-ray diffraction analysis; land satellites; or any other methods he deems appropriate. The Secretary of the Interior is hereby authorized to conduct inventories or segments of inventories, such as data analy- sis activities, by contract with private entities deemed by him to be qualified to engage in such activities whenever he has determined that such contracts would decrease Federal expenditures and would produce comparable or superior results: Provided further, That in canying out any such inventory or surveys, where National Forest System lands are involved, the Secretary of the Interior shgill con- sult with the Secretary of Agriculture concerning any activities affecting surface resources: Provided further, That funds provided in this Act may be used by the Secretary of the Interior to issue oil and gas leeises for the subsurface of any lands designated by Congress as wilderness study areas, that are immediately adjacent to producing oil and gas fields or areas that are prospectively valuable. Such leases shall allow no surface occupancy and may be entered only by directional drilling from outside the wilderness study area or other nonsurface disturbing methods. Mount Baker- SEC. 309. None of the funds provided in this Act shall be used to Snoqualmie evaluate, consider, process, or award oil, gas, or geothermal lesises National Forest, on Federal lands in the Mount Baker-Snoqualmie National Forest, Wash. State of Washington, within the hydrographic boundaries of the Cedar River municipal watershed upstream of river mile 21.6, the Green River municipal watershed upstream of river mile 61.0, the North Fork of the Tolt River proposed municipal watershed upstream of river mile 11.7, and the South Fork Tolt River munici- peQ watershed upstream of river mile 8.4. SEC. 310. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless such assessments and this basis therefor are presented to the C!om- mittees on Appropriations and are approved by such committees. Government SEC. 311. Employment funded by this Act shall not be subject to organization and any personnel ceiling or other personnel restriction for permanent employees. or other than permanent emplojnnent except as provided by law. SEC. 312. Funds provided for land acquisition in this Act may not be used to acquire lands for more than the approved appraised value 42 u s e 4651. (as addressed in section 301(3) of Public Law 91-646) except for condemnations and declarations of taking, without the written ap- proval of the Committees on Appropriations. Contracts. SEC. 313. Notwithstanding any other provisions of law, the Secre- tary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Secretary of the Smithsonian Institution, are au- thorized to enter into contracts with State and local governmental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any units within their jurisdiction. In addition, any contracts or agreements
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1873 with the jurisdiction for fire management services listed above which are previously executed shall remain valid. SEC. 314. None of the funds provided by this Act to the United Loxahatchee States Fish and Wildlife Service may be obligated or expended to National plan for, conduct, or supervise deer hunting on the Loxahatchee Wildlife Refuge. Hunting. National Wildlife Refuge. Sec. 315. Funds available to the Department of the Interior and Aircraft and air the Forest Service in fiscal year 1985 for the purpose of contracting carriers. for services that require the utilization of privately owned aircraft for the carriage of cargo or freight shall be used only to contract for aircraft that are certified as air-worthy by the Administrator of the Federal Aviation Administration as standard category aircraft under 14 CFR 21.183 unless the Secretary of the contracting depart- ment determines that such aircraft are not reasonably available to conduct such services. SEC. 316. None of the funds provided in this Act may be used for Animals. the augmentation of grizzly bear populations in currently occupied National parks, monuments, etc. areas of Forest Service grizzly bear habitat or the preparation of National Forest specific augmentation proposals to establish new grizzly bear popu- System. lations in areas identified as suitable grizzly bear habitat in any unit of the National Park System or National Forest System unless the appropriate General Management Plan or Forest Plan provides for such augmentation and has been adopted, including having been available for public comment and review: Provided, That such activi- ties may be conducted only with funds specifically justified for such purpose in an agency budget justification and subsequently ap- proved in a report accompanying an appropriation bill making appropriations for that agency, or with funds provided for through reprogramming procedures: Provided further, That this is not in- tended to prohibit the emergency relocation of nuisance bears into currently occupied areas of congressionally designated wilderness areas within Forest Service boundaries, or into other currently occupied situation on areas where conflict between bears and humans is not likely to occur: Provided further. That the Secretaries Federal of Interior and Agriculture shall provide for a public meeting at Register, each affected National Forest and National Park Headquarters and publication. the subsequent publication of the "Guidelines for Management Involving Grizzly Bears in the Greater Yellowstone Area" in the Federal Register, reflecting the public comments: Provided further. That notwithstanding any other provision of law, agencies included in this Act are authorized to reimburse permittees for such reasonable expenses as may be incurred as a result of moving permitted animals from one location to another, as may be required by the permitting agency, in order to prevent harassment and attacks by grizzly bears. Such expenses are to be determined by the agency responsible for the permitted action. SEC. 317. The Administrator .of the General Services Adminis- tration shall transfer to the Secretary of the Interior, without reimbursement, for inclusion in the War in the Pacific National Historical Park the following parcels of land: (1) Agat Bay, parcel 2, United States Naval Station, Guam (GSA control number 9-N-GU-426); and (2) GLUP: Nimitz Hill, parcel 3, Nimitz Hill Annex Area "C", Municipality of Asan, Guam (GSA control number 9-N-GU- 415). SEC. 318. The Secretary of the Interior shall quantify, in coopera- North Dakota. tion with the Secretary of Agriculture and the Governor of North Conservation.
98 STAT. 1874 PUBLIC LAW 98-473—OCT. 12, 1984 Dakota, and consistent with an agreement to be negotiated between the Secretary of the Interior and the Governor of North Dakota, the number of wetland acres, including a description by quarter section, subject to waterfowl production area easements in each county; and the Secretary and the Governor shall develop a plan for the pur- chase of additional easement acres previously authorized by the Governor. Geothermal SEC. 319. The primary term of any geothermal lease in effect as of leasing. July 27,1984, issued pursuant to the Geothermal Act of 1970 (Public Law 91-581, 84 Stat. 1566, 30 U.S.C. 1001-1025) is hereby extended to December 31, 1986, if the Secretary of the Interior finds that— (a) a bona fide sale of the geothermal resource, from a well capable of production, for delivery to or utilization by a facility or facilities, has not been completed (1) due to administrative delays by government entities, beyond the control of the lessee, or (2) such sale would be uneconomic; (b) substantial investment in the development of or for the benefit of the legise has been made; and (c) the lease would otherwise expire prior to December 31, 1986. Yellowstone Notwithstanding any other provision of law, the Secretary shall not National Park. issue any geothermal lease pursuant to the Geothermal Steam Act of 1970 (Public Law 91-581, as amended) in the Island Park Known as Geothermal Resource Area adjacent to Yellowstone National Park. 5 u s e 5911 note. SEC. 320. Notwithstanding title 5 of the United States Code or any other provision of law, after September 30, 1984, rents and charges collected by pajrroll deduction or otherwise for the use or occupancy of quarters of agencies funded by this Act shall thereafter be deposited in a special fund in each agency, to remain available until expended, for the maintenance and operation of the quarters of that agency: Provided, That for the fiscal year ending September 30, 1985, and each fiscal year thereafter, such gmiounts as may be collected may be expended in the agency unit or subunit (e.g. Park, refuge, hatchery, Forest, Agency office. School, Service unit, hospi- tal, clinic, etc.) where the funds are collected: Provided further, That up to 10 per centum of funds collected in such unit may be trans- ferred to another unit within the same agency. Pollution. SEC. 321. The Secretary of Energy pursuant to the Federal Nonnu- clear Energy Research and Development Act of 1974 (Public Law 42 u s e 5901 93-577), s h a l l - note. ot) no later than sixty days after the date of the enactment of Federal this Act, publish in the Federal Register a notice soliciting Register, publication. statements of interest in, and proposals for projects employing emerging clean coal technologies, which statements and propos- als are to be submitted to the Secretary within ninety days after the publication of such notice; and Report. (2) no later than April 15, 1985, submit to Congress a report that analyzes the information contained in such statements of interest and proposals, assesses the potential usefulness of each emerging clean coal technology for which a statement of inter- est or proposal has been received, and identifies the extent to which Federal incentives, including financial assistance, will accelerate the commercial availability of these technologies. SEC. 322. Section 5542(b)(2XB)(iv) of title 5, United States Code, is amended by inserting immediately before the period at the end thereof a comma and the following: "including travel by an
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1875 employee to such an event and the return of such employee from such event to his or her official-duty station". SEC. 323. It is the sense of the Congress that the Continental Science and Scientific Drilling Program is an important national scientific en- technology. deavor, benefiting the commerce of the Nation, which should be vigorously pursued by Government and the private sector. The Continental Scientific Drilling Program is an important national scientific endeavor that is vital to the understanding of the geologic evolution of the Earth and the economic value of its resources; the most effective and efficient means of realizing the fullest potential in the Continental Scientific Drilling Program is through a coopera- tive effort by the Department of Energy, the National Science Foundation, and the United States Geological Survey; many impor- tant commercial and scientific advances may result from the Conti- nental Scientific Drilling Program; and many foreign nations are engaged in a comparable deep drilling program, and cooperation and coordination would be beneficial to United States efforts. It is the sense of the Congress that— (1) the Continental Scientific Drilling Program is an impor- tant national scientific endeavor by the United States which should be enthusiastically implemented through a joint coopera- tive effort among the United States Department of Energy, the National Science Foundation, and the United States Geological Survey; (2) the private sector should be encouraged to support the Continental Scientific Drilling Program and the participating agencies should solicit appropriate private sector participation in such program; and (3) the United States Government should cooperate to the extent practicable with the international community in develop- ing this important scientific and technical activity. SEC. 324. Notwithstanding any other provision of this joint resolu- 30 u s e 1231. tion or any other law, section 401(c)(1) of Public Law 95-87 is amended by striking the word "and" after the words "in situ;" and adding the following after the word "subsidence;": "and establish- ment of self-sustaining, individual State administered programs to insure private property against damages caused by land subsidence resulting from underground coal mining in those States which have reclamation plans approved in accordance with section 503 of this Act: Provided, That funds used for this purpose shall not exceed 30 u s e 1253. $3,000,000 of the funds made available to any State under section 402(g)(2) of this Act;". 30 u s e 1232. SEC. 325. None of the funds provided for in this joint resolution or Payne eounty, hereafter provided shall be used to lease the mineral interest of the Okla. Mines and United States with respect to a tract of land in Payne County, mining. Oklahoma, totalling nine hundred sixty acres located on the Indian Base Meridian; township 19 north; range 1 east, section 22 west half; section 26 northwest quarter; section 27 north half, southeast quar- ter; unless such lease prohibits the surface occupancy of the land for development of those interests. SEC. 326. The land acquisition and relocation authorized for Cen- Centralia, Pa. tralia, Pennsylvania, under chapter IV of Public Law 98-181 shall 97 Stat. 1207. not require any matching share of funding from the State of Penn- sylvania under Section 407(e) of the "Surface Mining Control and Reclamation Act of 1977". 30 u s e 1237. SEC. 327. Each amount of budget authority provided in this Act, for payments not required by law, is hereby reduced by 2 per
98 STAT. 1876 PUBLIC LAW 98-473—OCT. 12, 1984 centum: Provided, That such reductions shall be applied ratably to each account, program, activity, and project provided for in this Act. Department of This Act may be cited as the "Department of the Interior and the Interior and Related Agencies Appropriations Act, 1985". Related Agencies The following may be cited as "The John F. Kennedy Center Act Appropriations Amendments of 1984". Act, 1985. Section 9 of the Kennedy Center Act (20 U.S.C. 76o) is amended— John F. Kennedy (1) by inserting "(a)" immediately after "SEC. 9.", and by Center Act Amendments of striking out the third, fourth, and seventh sentences thereof; 1984. and 20 u s e 76h note. (2) by adding at the end thereof the following new subsections: "(b) Effective as of the date of enactment of this subsection the obligations of the Board incurred under subsection (a) of this section shall bear no interest, and the requirement of the Board to pay the unpaid interest which has accrued on such obligations is terminated. "(c) There is hereby established in the Treasury of the United States a sinking fund, the Kennedy Center Revenue Bond Sinking Fund (hereinafter referred to as the 'Fund'), which shall be used to retire the obligations of the Board incurred under subsection (a) of this section upon the respective maturities of such obligations. The Board shall pay into the Fund, beginning on January 1, 1987 and ending on January 1, 2016, the annual sum of $200,000 in amortiza- tion of the principal amount of the obligations. Such sums shall be invested by the Secretary of the Treasury in public debt securities with maturities suitable for the needs of the Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of compara- ble maturities. The interest on such investments shall be credited to and form a part of the Fund. Moneys in the Fund shall be used exclusively to retire the obligations of the Board incurred under subsection (a) of this section. Adjustments of not greater than plus or minus 5 per centum may be made from time to time in the annual payments to the Fund in order to correct any gains or deficiencies as a result of fluctuations in interest rates over the life of the investments: Provided, however. That a final adjustment shall be made between the Board and the Secretary of the Treasury at the end of the amortization period to correct any overall gain or defi- ciency in the Fund. The terms of this adjustment shall be covered by a memorandum of understanding between the Board and the Secre- tary of the Treasury to be consummated on or before the time the initial payment into the Fund is made.". (d) Such amounts as may be necessary for programs, projects, or activities provided for in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropria- Post p. 3305. tion Act, 1985 (H.R. 6028), to the extent and in the manner provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report Numbered 98-1132), filed in the House of Representatives on October 3,1984, as if such Act had been enacted into law: Provided, That sections 204 and 307 of Public 97 Stat. 887, 895. Law 98-139 shall apply to funds appropriated in this subsection: Provided further, That notwithstanding any other provision of this joint resolution, there is appropriated $4,000,000 for the United States Institute of Peace as authorized in the United States Institute of Peace Act.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1877 Notwithstanding any other provision of this joint resolution, there is appropriated to the National Library of Medicine, an additional $3,500,000 for carrying out section 301 with respect to health infor- 42 use 241. mation communications and parts I and J of title III of the Public Health Service Act. 42 use 275, Notwithstanding any other provision of this joint resolution, and 280b. in addition to amounts appropriated elsewhere, there are appropri- ated $2,500,000 for fiscal year 1985 for the Alcohol, Drug Abuse, and Mental Health Administration. Section 412(e) of the Immigration and Nationality Act (8 U.S.C. 1522(e)) is amended by adding at the end thereof the following new paragraph: "(7)(A) The Secretary shall develop and implement alternative Refugees, projects for refugees who have been in the United States less than thirty-six months, under which refugees are provided interim sup- port, medical services, support services, and case management, as needed, in a manner that encourages self-sufficiency, reduces wel- fare dependency, and fosters greater coordination among the reset- tlement agencies and service providers. "(B) Refugees covered under such alternative projects shall be precluded from receiving cash or medical assistance under any other paragraph of this subsection or under title XIX or part A of title IV of the Social Security Act. 42 u s e 1396. "(C) The Secretary, in consultation with the United States Coordi- 42 u s e 601. nator for Refugee Affairs, shall report to Congress not later than Report. October 31, 1985, on the results of these projects and on any recommendations respecting changes in the refugee assistance pro- gram under this section to take into account such results. "(D) To the extent that the use of such funds is consistent with the purposes of such provisions, funds appropriated under paragraph (1) or (2) of section 414(a) of this Act, part A of title IV of the Social 8 u s e 1524. Security Act, or title XIX of such Act, may be used for the purpose of implementing and evaluating alternative projects under this paragraph.". The amendment made by this paragraph shall take Effective date. effect on October 1,1984. 8 u s e 1522 note. (e) Such amounts as may be necessary for programs, projects or activities provided for in the Military Construction Appropriations Act, 1985, at a rate of operations and to the extent and in the infra. manner provided as follows, to be effective as if it had been enacted into law as the regular appropriation Act: AN ACT Making appropriations for military construction for the Department of Defense for Military the fiscal year ending September 30, 1985, and for other purposes. eonstruction Appropriations Act, 1985. MILITARY CONSTRUCTION, ARMY For acquisition, construction, installation, and equipment of tem- porary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, and for construction and operation of facilities in support of the func- tions of the Commander-in-Chief, $1,593,137,000, to remain available until September 30, 1989: Provided, That of this amount, not to exceed $153,500,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are
98 STAT. 1878 PUBLIC LAW 98-473—OCT. 12, 1984 necessary for such purposes and notifies the Committees on Appro- priations of both Houses of Congress of his determination and the reasons therefor: Provided further, That none of the funds appropri- ated by this Act may be used for construction of a chemical muni- tions demilitarization facility at Lexington-Blue Grass Army Depot, Kentucky. MiUTARY CONSTRUCTION, NAVY For acquisition, construction, installation, and equipment of tem- porary or permanent public works, naval installations, facilities, and real property for the Navy as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appro- priation, $1,534,592,000, to remain available until September 30, 1989: Provided, That of this amount, not to exceed $140,900,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such pur- poses and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MiuTARY CONSTRUCTION, AIR FORCE For acquisition, construction, installation, and equipment of tem- porary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $1,572,655,000 to remain available until September 30, 1989: Pro- vided, That of this amount, not to exceed $143,900,000 shall be available for study, planning, design, architect and engineer serv- ices, as authorized by law, unless the Secretary of Defense deter- mines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MIUTARY CONSTRUCTION, DEFENSE AGENCIES For acquisition, construction, installation, and equipment of tem- porary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $302,198,000 to remain available until September 30, 1989: Provided, That such amounts of this appropriation as may be deter- mined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further. That of the amount appropriated, not to exceed $27,500,000 shall be available for study, planning, design, architect and engineer serv- ices, as authorized by law, unless the Secretary of Defense deter- mines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1879 NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installa- tions (including international military headquarters) for the collec- tive defense of the North Atlantic Treaty Area as authorized in military construction Acts and section 2806 of title 10, United States Code, $107,200,000, to remain available until expended. MiuTARY CONSTRUCTION, ARMY NATIONAL GUARD For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chap- ter 133 of title 10, United States Code, and military construction lo USC 2231 et authorization Acts, $98,603,000, to remain available until September seq. 30,1989. MiuTARY CONSTRUCTION, AIR NATIONAL GUARD For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chap- ter 133 of title 10, United States Code, and military construction authorization Acts, $111,200,000, to remain available until Septem- ber 30,1989. MILITARY CONSTRUCTION, ARMY RESERVE For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $69,306,000, to remain available until September 30,1989. MILITARY CONSTRUCTION, NAVAL RESERVE For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, and military construc- tion authorization Acts, $60,800,000, to remain available until Sep- tember 30,1989. MILITARY CONSTRUCTION, AIR FORCE RESERVE For construction, acquisition, expansion, rehabilitation, and con- version of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, and military construction authorization Acts, $67,800,000, to remain available until September 30,1989. FAMILY HOUSING, ARMY For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $143,215,000; for Operation and maintenance,
98 STAT. 1880 PUBLIC LAW 98-473—OCT. 12, 1984 $1,183,300,000; for debt payment, $21,917,000; in all $1,348,432,000: Provided, That the amount provided for construction shall remain available until September 30,1989. FAMILY HOUSING, NAVY AND MARINE CORPS For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expan- sion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $117,027,000; for Operation and mainte- nance, $538,602,000; for debt payment, $25,446,000; in all $681,075,000: Provided, That the amount provided for construction shall remain available until September 30,1989. FAMILY HOUSING, AIR FORCE For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, as follows: for Construction, $181,123,000; for Operation and maintenance, $700,940,000; for debt payment, $29,980,000; in all $912,043,000: Provided, That the amount provided for construction shall remain available until September 30,1989. FAMILY HOUSING, DEFENSE AGENCIES For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for construction, including acquisition, replacement, addition, ex- pansion, extension and alteration and for operation and mainte- nance, leasing, and minor construction, as authorized by law, as follows: for Construction, $707,000; for Operation and maintenance, $16,730,000; in all $17,437,000: Provided, That the amount provided for construction shall remain available until September 30, 1989. GENERAL PROVISIONS Funds. SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construc- tion authorized for each such department by the authorizations enacted into law during the second session of the Ninety-eighth Congress. Contracts. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. Motor vehicles. SEC. 103. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 104. Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1881 Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 105. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 106. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a deter- mination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 107. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 108. None of the funds appropriated in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations. SEC. 109. None of the funds appropriated or otherwise made available under this Act shall be obligated or expended in connec- tion with any base realignment or closure activity, until all terms, conditions and requirements of the National Environmental Policy Act have been complied with, with respect to each such activity. 42 u s e 4321 SEC. 110. No part of the funds appropriated in this Act may be note. used for the procurement of steel for any construction project or Steel. activity for which American steel producers, fabricators, and manu- facturers have been denied the opportunity to compete for such steel procurement. SEC. 111. No part of the funds appropriated in this Act for Indian Ocean. dredging in the Indian Ocean may be used for the performance of the work by foreign contractors: Provided, That the low responsive bid of a United States contractor does not exceed the lowest respon- sive bid of a foreign contractor by greater than 20 per centum. SEC. 112. No part of the funds appropriated in this Act may be MX missile. obligated for construction of any site-specific facilities for the MX missile system until all terms, conditions, and requirements of the National Environmental Policy Act (42 U.S.C. 4332) are met. SEC. 113. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. SEC. 114. No part of the funds appropriated in this Act may be used to pay the compensation of an officer of the Government of the United States or to reimburse a contractor for the emplojnnent of a person for work in the continental United States by any such person if such person is an alien who has not been lawfully admitted to the United States. SEC. 115. The expenditure of any appropriation under this Act for Public any consulting service through procurement contract, pursuant to 5 availability. U.S.C. 3109, shall be limited to those contracts where such expendi- tures are a matter of public record and available for public inspec-
98 STAT. 1882 PUBLIC LAW 98-473—OCT. 12, 1984 tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Funds. SEC. 116. Notwithstanding any other provision of law, any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such projects, plus any amount by which the cost of such project is increased pursuant to law. Ft. DeRussy, SEC. 117. None of the funds appropriated in this Act may be Hawaii. obligated or expended in any way for the express purpose of the sale, lease, or rental of any portion of land currently identified as Fort DeRussy, Honolulu, Hawaii. SEC. 118. None of the funds in this Act may be used to initiate a new installation overseas without prior notification to the Commit- tees on Appropriations. Expense sharing. SEC. 119. None of the funds appropriated in this Act for F-16 beddown projects at Misawa, Japan, may be obligated or expended unless there has been notification to the Committees on Appropria- tions that the approved Government of Japan budget for fiscal year 1985 includes projects associated with the F-16 beddown as an additive over the level of funding provided in Japanese fiscal year 1984 for the facilities improvement program. Contracts. SEC. 120. None of the funds appropriated in this Act may be obligated for contracts estimated by the Government to exceed $10,000,000 for military construction projects to be accomplished in Japan or in any NATO member country if that country has not increased its defense spending by at least 3 per centum in calendar year 1983, as certified by the Secretary of Defense, unless such contracts require that all installed equipment utilized in such projects have been manufactured in the United States. Contracts. SEC. 121. None of the funds appropriated in this Act may be obligated for architect and engineer contracts estimated by the Government to exceed $1,000,000 for projects to be accomplished in Japan or in any NATO member country if that country has not increased its defense spending by at least 3 per centum in calendar year 1983, as certified by the Secretary of Defense, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. Contracts. SEC. 122. None of the funds appropriated in this Act for military construction in the United States territories and possessions in the Pacific and on Kwajalein Island may be used to award any contract estimated by the Government to exceed $5,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive bid of a United States contractor exceeds the lowest responsive bid of a foreign contractor by greater than 20 per centum. Military SEC. 123. The Secretary of Defense is to inform the Committees on exercises, prior Appropriations and Committees on Armed Services of the plans and notice. scope of any proposed military exercise involving United States personnel prior to its occurring, if amounts expended for construc- tion, either temporary or permanent, are anticipated to exceed $100,000.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1883 SEC. 124. Unexpended balances in the Military Family Housing Funds. Management Account established pursuant to section 2831 of title 10, United States Code, as well as any additional amounts which would otherwise be transferred to the Military Family Housing Management Account during fiscal year 1985, shall be transferred to the appropriations for Family Housing provided in this Act, as determined by the Secretary of Defense, based on the sources from which the funds were derived, and shall be available for the same purposes, and for the same time period, as the appropriation to which they have been transferred. SEC. 125. (a) None of the funds appropriated in this Act may be Drugs and drug available for any country if the President determines that the abuse. government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances cultivated or produced or processed illicitly, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States personnel or their dependents, or from being smuggled into the United States. Such prohibition shall continue in force until the President deter- mines and reports to the Congress in writing that— (1) the government of such country has prepared and commit- ted itself to a plan presented to the Secretary of State that would eliminate the cause or basis for the application to such country of the prohibition contained in the first sentence; and (2) the government of such country has taken appropriate law enforcement measures to implement the plan presented to the Secretary of State. (b) The provisions of subsection (a) shall not apply in the case of any country with respect to which the President determines that the application of the provisions of such subsection would be inconsist- ent with the national security interests of the United States. SEC. 126. Of the total amount of budget authority provided for fiscal year 1985 by this Act that would otherwise be available for consulting services, management and professional services, and spe- cial studies and analyses, 10 per centum of the amount intended for such purposes in the President's budget for 1985, as amended, for any agency, department or entity subject to apportionment by the Executive shall be placed in reserve and not made available for obligation or expenditure: Provided, That this section shall not apply to any agency, department or entity whose budget request for 1985 for the purposes stated above did not amount to $5,000,000. SEC. 127. It is the sense of the Congress that the administration Expense sharing. should call on the pertinent member nations of the North Atlantic 22 u s e 1928 note. Treaty Organization and on Japan to meet or exceed their pledges for at least a 3 per centum real increase in defense spending and furtherance of increased unity, equitable sharing of our common defense burden, and international stability. This Act may be cited as the "Military Construction Appropria- Military tions Act, 1985'\ Construction Notwithstsinding any other provision of this joint resolution, Appropriations Act, 1985. funds appropriated by this joint resolution for the United States share of the North Atlantic Treaty Organization infrastructure program may be obligated or expended only to the extent that one dollar (or its equivalent) has been recouped by the United States for North Atlantic Treaty Organization eligible projects prefinanced with United States funds for every four dollars (or their equivalent)
98 STAT. 1884 PUBLIC LAW 98-473—OCT. 12, 1984 obligated or expended from funds made available under this joint resolution for such purpose. (1) Such amounts as may be necessary for projects or activities provided for in the Foreign Assistance and Related Programs Appro- priations Act, 1985, at a rate for operations and to the extent in the following Act; this subsection shall be effective as if it had been enacted into law as the regular appropriation Act: AN ACT Foreign Making appropriations for foreign assistance and related programs for the fiscal year Assistance and ending September 30,1985, and for other purposes, namely: Related Programs Appropriations TITLE I—MULTILATERAL ECONOMIC ASSISTANCE FUNDS Act, 1985. APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increase in capital stock as authorized by the International Financial Institutions Act, $109,721,549 for the General Capital Increase, as authorized by section 39 of the Bretton Woods Agreements Act, as amended 22 use 286e-ih. (Public Law 79-171), to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the International Bank for Recon- struction and Development may subscribe without fiscal year limita- tion to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,353,220,096. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Association by the Secretary of the Treasury, $750,000,000, for the first installment of the United States contribution to the seventh replenishment, to remain available until expended, and $150,000,000 for the United States contribution to the sixth replenishment, to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the International Bank for Reconstruction and Development is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1885 Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position of level V of the Executive Schedule under section 5316 of title 5, United States Code: Provided further. That there is hereby 22 use 284p. enacted into law the amendment made by section 901 of S. 2582, as reported by the Committee on Foreign Relations of the Senate on April 18,1984, except for subsection (c) of the section enacted by this proviso: Provided further. That the Secretary of the Treasury shall 22 use 284p instruct the United States Executive Director to undertake note- negotiations to ensure, to the maximum extent possible consistent with the effective use of resources, that the amount of development credits made available to sub-Saharan Africa through the seventh replenishment shall equal or exceed the amount of development credits made available to sub-Saharan Africa through the sixth replenishment. CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in the resources of the Fund for Special Operations, as authorized by the Inter-American Development Bank Act, as amended (Public Law 86-147), $72,500,000 to remain available until expended; and 22 use 283 note. $38,000,983 for the United States share of the increase in paid-in capital stock to remain available until expended; and $10,000,000 for the United States share of the capital stock of the Inter-American Investment Corporation to remain available until expended: Pro- vided, That there is hereby enacted into law title II of S. 2416, as 12 use 24. introduced in the Senate on March 13, 1984: Provided further. That f use 276c-2, no such payment may be made while the United States Executive 283aa—2^'ii Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director for the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $806,464,582. CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK For payment to the Asian Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $13,232,676 to remain avail- able until expended; and for the United States contribution to the increases in resources of the Asian Development Fund, as author- ized by the Asian Development Bank Act, as amended (Public Law 98-369), $100,000,000, to remain available until expended: Provided, 22 use 285 note. That no such payment may be made while the United States ^^te, p. 494. Director of the Bank is compensated by the Bank at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual
98 STAT. 1886 PUBLIC LAW 98-473—OCT. 12, 1984 occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to the Bank is compensated by the Bank in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital por- tion of the United States share of such increase in capital stock in an amount not to exceed $251,367,220. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For pajrment to the African Development Fund by the Secretary of the Treasury, $50,000,000, for the United States contribution to the third replenishment of the African Development Fund, to remain available until expended. CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $17,987,678, to remain avail- able until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compen- sated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compen- sated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $53,960,036. INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions of sections 301 22 use 2221, and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of oi^T^lz-ooT 4. th® United Nations Environment Program Participation Act of 22 u s e 287 note. 1983, $358,676,500: Provided, That no funds shall be available for the United Nations Fund for Science and Technology: Provided further. That the total amount of funds made available by this paragraph shall be available only as follows: $165,000,000 for the United Na- tions Development Program; $53,500,000 for the United Nation's Children's Fund; $2,000,000 for the World Food Program; $2,000,000 for the United Nations Capital Development Fund; $500,000 for the United Nations Voluntary Fund for the Decade for Women; $2,000,000 for the World Meteorological Organization Voluntary Cooperation Program; $14,814,000 for the International Atomic Energy Agency; $10,000,000 for the United Nations Environment
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1887 Program; $1,000,000 for the United Nations Educational and Train- ing Program for South Africa; $500,000 for the United Nations Institute for Namibia; $343,000 for the United Nations Trust Fund for South Africa; $422,000 for the United Nations Institute for Training and Research; $200,000 for the Convention on Interna- tional Trade in Endangered Species; $90,000,000 for the Internation- al Fund for Agricultural Development; $449,000 for the United Nations Fellowship Program; $100,000 for the UNIDO Investment Promotion Service; $248,500 for the World Heritage Fund; $100,000 for the United Nations Voluntary Fund for Victims of Torture; and $15,500,000 for the Organization of American States. TITLE II—BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For expenses necessary to enable the President to carry out the provisions of the Central America Democracy, Peace and Develop- ment Initiative Act of 1984, the Foreign Assistance Act of 1961, and 22 u s e 2151 for other purposes, to remain available until September 30, 1985, note. unless otherwise specified herein, as follows: AGENCY FOR INTERNATIONAL DEVELOPMENT Agriculture, rural development and nutrition, Development As- sistance: For necessary expenses to carry out the provisions of section 103, $745,551,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until Sep- tember 30, 1986: Provided further. That notwithstanding any other provision of law, up to $10,000,000 of the funds appropriated under this heading may be available for agricultural activities in Poland which are managed by the Polish Catholic Church or other nongov- ernmental organizations, which sum shall remain available until September 30, 1986, except that $5,000,000 of the funds made avail- able by this proviso may not be obligated or expended until October 1, \^^b: Provided further. That of the funds made available under this paragraph not more than $1,700,000 shall be available for Uganda except as provided through the regular notification process of the Committees on Appropriations: Provided further. That in addition to amounts otherwise appropriated by this Act to carry out the provisions of section 103, there is hereby appropriated 22 u s e 2151a. $10,000,000 which shall be used only for nutrition activities not previously justified to the Committees on Appropriations, with such assistance to be provided through private and voluntary organiza- tions and international organizations v/herever appropriate. Population, Development Assistance: For necessary expenses to carry out the provisions of section 104(b), $290,000,000: Provided, 22 u s e 2151b. That of this amount the funds provided for loans shall remain available for obligation until September 30, 1986: Provided further. That none of the funds appropriated under this heading may be available for the World Health Organization's Special Program of Research, Development and Research Training in Human Reproduc- tion: Provided further. That not less than $46,000,000 or 16 per centum of the amount appropriated under this paragraph, which- ever is lower, shall be available only to support the United Nations Fund for Population Activities: Provided further. That none of the funds appropriated under this paragraph may be available to any
98 STAT. 1888 PUBLIC LAW 98-473—OCT. 12, 1984 country which includes as part of its population planning programs involuntary abortion: Provided further. That none of the funds appropriated under this paragraph may be available to any organi- zation which includes as part of its population planning programs involuntary abortion: Provided further. That it is the sense of the House of Representatives to reaffirm its commitment to United States population assistance, as authorized by section 104 of the 22 use 2151b. Foreign Assistance Act of 1961 and as appropriated by the Foreign 95 Stat. 1647. Assistance and Related Programs Appropriations Act, 1982. It is further the sense of the House of Representatives that United States population assistance shall be administered in accordance with and faithful to these laws as interpreted by AID's 1982 "Policy Paper: Population Assistance" and that no funds shall be denied to multi- lateral as well as nongovernmental and private and voluntary organizations because of their participation, paid for by funds other than those appropriated by the Congress, in activities conducted in accordance with all applicable United States Federal laws and regulations. Health, Development Assistance: For necessary expenses to carry out the provisions of section 104(c), $173,138,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until September 30, 1986: Provided further, That not less than $42,000,000 of the funds appropriated under this paragraph shall be available only for Africa: Provided further. That in addition to amounts otherwise appropriated by this Act to carry out the provisions of section 104(c) there is hereby appropriated $50,000,000, which shall be available only for the delivery of primary and related health care services, and basic health care education (primarily oral rehydration and immunization programs) activities not previously justified to the Committees on Appropriations, with such assistance to be provided through private and voluntary organizations and international organizations wherever appropriate. Child Survival Fund: For necessary expenses to carry out the provisions of the "Child Survival Fund", $25,000,000. Education and human resources development. Development As- sistance: For necessary expenses to carry out the provisions of 22 use 2151c. section 105, $188,833,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until Sep- tember 30, 1986: Provided further. That $4,000,000 of this amount shall be available only for scholarships for South African students in accordance with the last sentence of section 105(a) of the Foreign Assistance Act of 1961 (as added by title III of the International Security and Development Cooperation Act of 1981). Energy and selected development activities. Development Assist- ance: For necessary expenses to carry out the provisions of section 22 use 2l5ld. 106, $190,000,000: Provided, That of this amount the funds provided for loans shall remain available for obligation until September 30, 1986: Provided further. That of the funds appropriated under this paragraph, $2,000,000 shall be transferred to and made available for "Science and technology. Development Assistance", which sum shall be made available only for cooperative projects among the United States, Israel, and developing countries. Transfer of funds for Zimbabwe: Of the funds appropriated to 22 use 2151a— Carry out the provisions of sections 103 through 106, $15,000,000 2i5id. previously justified to the Committees on Appropriations shall be transferred to the Economic Support Fund for Zimbabwe.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1889 Central America Development Assistance: Of the funds appropri- ated to carry out the provisions of sections 103 through 106, not 22 u s e 2151a- more than $225,000,000 shall be available for Central America 2151d. except as provided through the regular notification process of the Committees on Appropriations. Private and Voluntary Organizations: None of the funds appropri- 22 u s e 2151u ated or otherwise made available in this Act for development assist- note. ance may be made available after January 1, 1986, to any United States private and voluntary organization, except any cooperative development organization, which obtains less than 25 per centum of its total annual funding for international activities from sources other than the United States Government, notwithstanding section 123(g) of the Foreign Assistance Act of 1961. 22 u s e 2151U. Science and technology. Development Assistance: For necessary expenses to carry out the provisions of section 106, $10,000,000: 22 u s e 2151d. Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available for obligation until September 30,1986. Private sector revolving fund: For necessary expenses to carry out the provisions of section 108 of the Foreign Assistance Act of 1961, 22 u s e 2151f. as amended, not to exceed $20,000,000 to be derived by transfer from funds appropriated to carry out the provisions of chapter 1 of part I of such Act, to remain available until expended. During 1985, 22 u s e 2151. obligations for assistance from amounts in the revolving fund account under section 108 shall not exceed $20,000,000. Loan allocation. Development Assistance: In order to carry out the provisions of part I, the Administrator of the Agency responsible 22 u s e 2151. for administering such part may furnish loan assistance pursuant to existing law and on such terms and conditions as he may determine: Provided, That to the maximum extent practicable, loans to private sector institutions, from funds made available to carry out the provisions of sections 103 through 106, shall be provided at or near the prevailing interest rate paid on Treasury obligations of similar maturity at the time of obligating such funds: Provided further, That loans made to countries whose annual per capita gross national product is greater than $805 but less than $1,301 shall be repayable within twenty-five years following the date on which funds are initially made available under such loans and loans to countries whose annual per capita gross national product is greater than or equal to $1,301 shall be repayable within twenty years following the date on which funds are initially made available under such loans. American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, $30,000,000: Provided, That 22 u s e 2174. the Secretary of State shall conduct a study addressing what means would be most appropriate to continue financial assistance to the American University of Beirut and the American University of Cairo in future years in view of the value of the Universities to the interests of the United States in the Middle East, including the possibility of establishing a trust fund: Provided further. That the results of this study shall be provided to the chairman of the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the chairmen of the Committee on Appropriations and the Committee on Foreign Relations of the Senate no later than January 1, 1985: Provided further. That the Secretary is directed to consult with the Committees on Appropria- tions during the development of this study.
98 STAT. 1890 PUBLIC LAW 98-473—OCT. 12, 1984 International disaster assistance: For necessary expenses to carry 22 use 2292. out the provisions of section 491, $25,000,000, to remain available until expended. Sahel development program: For necessary expenses to carry out 22 use 2151s. the provisions of section 121, $97,500,000, to remain available until expended: Provided, That no part of such appropriation may be available to make any contribution of the United States to the Sahel development program in excess of 10 per centum of the total contri- butions to such program. Overseas training and special development activities (foreign cur- rency program): For necessary expenses as authorized by section 22 use 2362. 612, $1,100,000 in foreign currencies which the Treasury Depart- ment declares to be excess to the normal requirements of the United States. Payment to the Foreign Service Retirement and Disability Fund: For payment to the "Foreign Service Retirement and Disability 22 use 3901 Fund", as authorized by the Foreign Service Act of 1980, note. $40,562,000. Economic support fund: For necessary expenses to carry out the 22 use 2346. provisions of chapter 4 of part II, $3,826,000,000: Provided, That of the funds appropriated under this paragraph, not less than $1,200,000,000 shall be available only for Israel, which sum shall be available on a grant basis as a cash transfer and shall be provided before January 1, 1985: Provided further, That not less than $815,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis and of which $100,000,000 shall be provided as a cash transfer: Provided further. That it is the sense of the Congress that the recommended levels of assistance for Egypt are based in great measure upon the continued participation of Egypt in the Camp David Accords and upon the Egyptian-Israeli peace treaty; and that Egypt and Israel are urged to renew actively their efforte to restore a full diplomatic relationship and achieve realization of the Camp David Accords: Provided further. That $75,000,000 of the funds appropriated under this paragraph shall be made available for programs or activities for sub-Saharan Africa not previously justified to the Committees on Appropriations: Provided further, That not more than $195,000,000 of the funds appropriated under this paragraph shall be provided for El Salvador: Provided further. That any of the funds appropriated under this paragraph for El Salvador which are placed in the Central Reserve Bank of El Salvador shall be maintained in a separate account and not commin- gled with any other funds, except that such funds may be obligated and expended notwithstanding provisions of law, which are incon- sistent with the cash transfer nature of this assistance, or which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648: Provided further. That notwithstanding section 660 of the Foreign Assistance 22 use 2420. Act of 1961, not less than $6,000,000 shall be available for programs and projects in El Salvador to promote the creation of judicial investigative capabilities, protection for key participants in pending judicial cases, and modernization of penal and evidentiary codes: Provided further. That $15,000,000 shall be available only for Cyprus, and that none of these funds shall be used to support refugee housing construction or rent subsidies: Provided further. That not less than $20,000,000 shall be available only for Tunisia: Provided further. That not less than $5,000,000 shall be available only to assist Central American countries to develop energy self-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1891 sufficiency, to identify and utilize indigenous resources to improve economic development, and to reduce reliance on imported energy: Provided further. That none of the funds appropriated under this paragraph shall be available for the Central American Regional Program except as provided through the regular notification process of the Committees on Appropriations: Provided further, That not more than $12,500,000 of the funds appropriated under this para- graph shall be available for Guatemala, and that such funds may be made available only for development activities consistent with the objectives of sections 103 through 106 of the Foreign Assistance Act of 1961 that are aimed directly at improving the lives of the poor in 22 USC 2l5la— that country, especially the indigenous population in the highlands: 2i5id. Provided further, That none of the funds appropriated under this paragraph shall be available for Guatemala except in accordance with the regular notification process of the Committees on Appro- priations: Provided further, That not more than $10,000,000 of the funds appropriated under this paragraph shall be available for Zaire. Peacekeeping operations: For necessary expenses to carry out the provisions of section 551, $44,000,000. 22 use 2348. Operating expenses of the Agency for International Development: For necessary expenses to carry out the provisions of section 667, 22 use 2427. $391,533,250: Provided, That not more than $20,000,000 of this amount shall be for Foreign Affairs Administrative Support: Pro- vided further. That none of the funds appropriated or made avail- able (other than funds appropriated or made available by this paragraph) pursuant to this Act for carrying out the foreign Assist- ance Act of 1961, may be used for the operating expenses of the 22 use 2151 Agency for International Development: Provided further. That note- except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 per centum of the aggregate of the funds made available for the fiscal year 1985 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be made available only for activities of 22 use 2151. economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance Act of 1977), historically black colleges and univer- 22 use 2151 sities, and private and voluntary organizations which are controlled note. by individuals who are black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvan- taged (within the meaning of section 133(cX5) (B) and (C) of the International Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women. Trade credit insurance program: During the fiscal year 1985, total commitments to guarantee or ensure loans for the "Trade credit insurance program" shall not exceed $300,000,000 of contingent liability for loan principal. Trade and development: For necessary expenses to carry out the provisions of section 661, $21,000,000. Housing and other credit guaranty programs: For payment to the reserve fund established by section 223 of the Foreign Assistance Act of 1961, $40,000,000, to remain available until expended: 22 USC 2183. Provided, That such amounts shall be available for expenditure in discharge of guarantees extended prior to enactment of this Act. During the fiscal year 1985, total commitments to guarantee
98 STAT. 1892 PUBLIC LAW 98-473—OCT. 12, 1984 loans shall not exceed $160,000,000 of contingent liability for loan principal. AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out the provisions of title V of the International Security and Development Cooperation Act of 1980, 22 use 290h Public Law 96-533, and to make such contracts and commitments note. without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $1,000,000: Provided, That the unobligated balances as of September 30, 1984, of funds heretofore made available for the African Development Foundation are hereby continued available for the fiscal year 1985 for the use of the African Development Foundation. INTER-AMERICAN FOUNDATION For expenses necessary to carry out the functions of the Inter- American Foundation in accordance with the provisions of section 22USC290f. 401 of the Foreign Assistance Act of 1969, and to make such contracts and commitments without regard to fiscal year limita- tions, as provided by section 9104, title 31, United States Code, $11,992,000. OVERSEAS PRIVATE INVESTMENT CORPORATION The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $35,000 for official reception and representation expenses), and to make such contracts and commitments without regard to fiscal year limita- tions, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During the fiscal year 1985 and within the resources and author- ity available, gross obligations for the amount of direct loans shall not exceed $15,000,000. During the fiscal year 1985, toteil commitments to guarantee loans shall not exceed $150,000,000 of contingent liability for loan principal. INDEPENDENT AGENCY PEACE CORPS For expenses necessary to carry out the provisions of the Peace 22 use 2501 Corps Act (75 Stat. 612), $128,600,000: Provided, That none of the note. funds appropriated in this paragraph shall be used to pay for abortions. DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL 22 use 2291. For necessary expenses to carry out the provisions of section 481, $50,217,000. MIGRATION AND REFUGEE ASSISTANCE For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1893 refugees, including contributions to the Intergovernmental Com- mittee for European Migration and the United Nations High Com- missioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980, allow- 22 use 3901 ances as authorized by sections 5921 through 5925 of title 5, United "ote. States Code; hire of passenger motor vehicles; and services as au- thorized by section 3109 of title 5, United States Code; $325,500,000: Provided, That not less than $15,000,000 shall be available for Soviet, Eastern European and other refugees resettling in Israel, of which $2,500,000 shall be available for Ethiopian Jews: Provided further, That these funds shall be administered in a manner that ensures equity in the treatment of all refugees receiving Federal assistance: Provided further, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to ensure against Communist infil- tration in the Western Hemisphere: Provided further. That no more than $8,150,396 of the funds appropriated under this heading shall be available for the administrative expenses of the Office of Refugee Programs of the Department of State. ANTI-TERRORISM ASSISTANCE For necessary expenses to carry out the provisions of chapter 8 of part II, $5,000,000. 22 use 2349aa. TITLE III—MILITARY ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT MIUTARY ASSISTANCE For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, including administrative 22 use 2311. expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $805,100,000: Provided, That of the funds appropriated under this paragraph, not more than $111,750,000 shall be available for El Salvador and not more than $215,000,000 shall be available for Turkey: Provided further, That of the funds appropriated under this paragraph, not more than $4,000,000 shall be available for Zaire, except as provided through the regular notification process of the Committees on Appropria- tions: Provided further. That of the funds provided for El Salvador under this paragraph half the amount shall be available for obliga- tion and expenditure October 1, 1984, and the remaining half March 1, 1985: Provided further. That in the event of an emergency certified by the President funds herein appropriated to be obligated for El Salvador after March 1,1985, may be obligated in advance of that date, only if the Committees on Appropriations are notified at least fifteen days in advance: Provided further. That before the date of March 1,1985, the administration shall consult with the Commit- tees on Appropriations in regard to reduction and punishment of death squad activities, elimination of corruption and misuse of governmental funds, development of an El Salvadoran plan to im- prove the performance of the military, and progress toward discus- sions leading to a peaceful resolution of the conflict, with it being the direction of the Congress of the United States that military
98 STAT. 1894 PUBLIC LAW 98-473—OCT. 12, 1984 assistance funds available in the second half of fiscal year 1985 for El Salvador not be obligated until substantial progress has been made on each of the above points: Provided further, That $5,000,000 of the amount made available by this Act for military assistance and financing for El Salvador under chapters 2 and 5 of part II of the 22 use 2311, Foreign Assistance Act of 1961 and under the Arms Export Control 2347. Act may not be expended until the Government of El Salvador has 22 use 2751 (1) substantially concluded all investigative action with respect to "° ®' those responsible for the January 1981 deaths of the two United States land reform consultants Michael Hammer and Mark Pearl- man and the Salvadoran Land Reform Institute Director Jose Ro- dolfo Viera, and (2) brought the accused to trial and obtained a verdict: Provided further. That funds appropriated under this para- graph may be made available for Turkey only if the President certifies to the Congress (a) that the United States Government is acting with urgency and determination to oppose any actions aimed at effecting a permanent bifurcation of Cyprus; and is calling upon the Government of Turkey to take without delay all necessary steps to reverse the illegal action declaring an independent state and to promote, pursuant to pertinent United Nations resolutions, the full political and economic unity of the Republic of Cyprus; and 0?) that Turkey is making efforts to ensure that the Turkish C)T)riot commu- nity is not taking £uiy actions with regard to the region of Fama- gusta/Varosha which would prejudice the outcome or otherwise impede intercommunal talks on the future of Cyprus: Provided further. That none of the funds made available by this paragraph may be obligated or expended for the construction or operation of a Regional Military Training Center in Honduras except as provided through the regular notification process of the Committees on Ap- propriations and until the President provides to the Committees on Appropriations of the Senate smd the House of Representatives (1) a report that the Government of Honduras has provided a site for such a Center and assumed responsibility for any competing claims to rights of use or ownership of such site, and has provided written assurances to make that site available on a long-term basis for training by the armed forces of other friendly countries in the region as well as those of Honduras; (2) a detailed plan, with specific cost estimates, for the construction of such a Center at the site provided by the Government of Honduras; and (3) a determination that the Government of Honduras recognizes the need to compen- sate as required by international law the United States citizen who claims injury from the establishment and operation of the existing Center, and that it is taking appropriate steps to discharge its obligations under international law, in particular the Treaty of Friendship, Commerce and Consular Righte with the United States, as well as its letter of December 14,1983, to the United States Trade Report. Representative: Provided further. That the President shall report to the Committees sixty days after the passage of this resolution and again in one hundred and twenty days on progress in resolving this claim; in one hundred and eighty days, the President shall report on the resolution of the claim or, if Honduras has failed to resolve the claim, on the actions which he proposes to take in response to the situation and in particular actions with respect to the granting of preferential trade benefits under the Caribbean Basin Initiative, disbursement of economic support funds or any other funds provided under this resolution and review of the status of Honduras under other, expropriation-related legislation.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1895 SPECIAL DEFENSE ACQUISITION FUND (LIMITATION ON OBLIGATIONS) There are authorized to be made available for the Special Defense Acquisition Fund for the fiscal year 1985, $325,000,000. INTERNATIONAL MIUTARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions of section 541, 22 use 2347. $56,221,000. FOREIGN MIUTARY CREDIT SALES For necessary expenses to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, 22 use 2763. $4,939,500,000, of which not less than $1,400,000,000 shall be avail- able only for Israel and not less than $1,175,000,000 shall be avail- able only for Egypt: Provided, That of the amount made available for Israel under this paragraph, up to $150,000,000 shall be made available for research and development activities in the United States for the Lavi program, and not less than $250,000,000 shall be for the procurement in Israel of defense articles and services, includ- ing research and development, for the Lavi program: Provided further, That during fiscal year 1985, gross obligations for the principal amount of direct loans, exclusive of loan guarantee de- faults, shall not exceed $4,939,500,000: Provided further, That sec- 22 use 2761. tion 102 of S. 2346, as introduced on February 27, 1984, is hereby enacted: Provided further, That credits (or participation in credits) extended under this Act for Greece for the fiscal year 1985 shall be at a rate of interest equal to the rate of interest charged on such credits extended for Turkey for the fiscal year 1985: Provided fur- ther. That no credits may be extended and no guarantees may be issued under this paragraph for Turkey for the fiscal year 1985 if the extension of such credits or the issuance of such guarantees would cause the sum of such credits and guarantees provided for Turkey for such fiscal year to exceed $485,000,000: Provided further. That of the funds available in this paragraph not less than $50,000,000 shall be available for Tunisia, not more than $15,000,000 shall be available for the Philippines: Provided further. That none of the funds available in this paragraph shall be available for Guate- mala: Provided further. That concessional interest rates available under this paragraph shall not be less than five percent: Provided further. That all country and funding level changes in requested concessional financing allocations shall be submitted through the regular notification process of the Committees on Appropriations: Provided further. That it is the sense of the Congress that no sales of sophisticated weaponry—specifically advanced aircraft, new air defense weapons systems or other new advanced military weapons systems be made to Jordan unless the Government of Jordan is publicly committed to the recognition of Israel and to prompt entry into serious peace negotiations with Israel. GUARANTEE RESERVE FUND For necessary expenses to carry out the provisions of section 24 of the Arms Export Control Act, $109,000,000, to remain available 22USC2764. until expended: Provided, That this sum is available only for the
98 STAT. 1896 PUBLIC LAW 98-473—OCT. 12, 1984 Guarantee Reserve Fund notwithstanding any other provision of the 22 use 2151 Foreign Assistance Act of 1961 or the Arms Export Control Act. note. 22 use 2751 TITLE IV—EXPORT-IMPORT BANK OF THE UNITED STATES note. The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government 31 use 9104. Corporation Control Act, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or tech- nology to any country other than a nuclear-weapon state as defined in article IX of the Treaty on the Non-Proliferation of Nuclear 21 UST 483. Weapons eligible to receive economic or military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act. LIMITATION OF PROGRAM ACTIVITY During the fiscal year 1985 and within the resources and author- ity available, gross obligations for the principal amount of direct loans shall not exceed $3,865,000,000: Provided, That during the fiscal year 1985, total commitments to guarantee loans shall not exceed $10,000,000,000 of contingent liability for loan principal. LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $18,900,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $16,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, im- provement, or disposition of any real or personal property belonging to the Export-Import Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Export-Import Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes of this paragraph. TITLE V—GENERAL PROVISIONS Flood control. SEC. 501. None of the funds appropriated in this Act (other than Reclamation funds appropriated for "International organizations and programs") projects. shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1897 water and related land resource programs and projects proposed for construction within the United States of America under the princi- ples, standards and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory or supplementary thereto. SEC. 502. Except for the appropriations entitled "International disaster assistance", "United States emergency refugee and migra- tion assistance fund" and the special requirements fund within the appropriation entitled "Economic support fund", not more than 15 per centum of any appropriation item made available by this Act for the current fiscal year shall be obligated or reserved during the last month of availability. SEC. 503. None of the funds appropriated in this Act nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any person heretofore or hereafter serving in the armed forces of any recipient country. SEC. 504. None of the funds appropriated or made available pursu- Contracts. ant to this Act for carrying out the Foreign Assistance Act of 1961, 22 use 2151 may be used for making payments on any contract for procurement "ote. to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authoriz- ing the termination of such contract for the convenience of the United States. SEC. 505. None of the funds appropriated or made available pursu- ant to this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations. -^ SEC. 506. None of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign Assistance Act of 1961. 22 use 2169. SEC. 507. Of the funds appropriated or made available pursuant to this Act, not to exceed $110,000 shall be for official residence expenses of the Agency for International Development during the current fiscal year: Provided, That appropriate steps be taken to assure that, to the maximum extent possible. United States-owned foreign currencies are utilized in lieu of dollars. SEC. 508. Of the funds appropriated or made available pursuant to this Act, not to exceed $10,000 shall be for entertainment expenses of the Agency for International Development during the current fiscal year. SEC. 509. Of the funds appropriated or made available pursuant to this Act, not to exceed $100,000 shall be for representation allow- ances for the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible. United States- owned foreign currencies are utilized in lieu of dollars: Provided further. That of the total funds made available by this Act under the ^ headings "Military assistance" and "Foreign military credit sales", not to exceed $2,500 shall be available for entertainment expenses and not to exceed $70,000 shall be available for representation allowances: Provided further. That of the funds made available by this Act under the heading "International military education and training", not to exceed $125,000 shall be available for entertain- ment allowances: Provided further. That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,500 shall be available for entertainment and representation allow- 31-194 - 0 - 86 - 24 : QL. 3 P a r t 2
98 STAT. 1898 PUBLIC LAW 98-473—OCT. 12, 1984 ances: Provided further, That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available for entertainment expenses. Nuclear non- SEC. 510. None of the funds appropriated or made available (other proliferation. than funds for "International organizations and programs") pursu- 22 u s e 2151 ant to this Act for carrying out the Foreign Assistance Act of 1961, note. may be used to finance the export of nuclear equipment, fuel, technology or to provide assistance for the training of foreign na- tionals in nuclear fields. Human rights. SEC. 511. Funds appropriated by this Act may not be obligated or expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights. Mozambique. SEC. 512. None of the funds appropriated or made available pursu- ant to this Act shall be obligated or expended to finance directly any assistance to Mozambique, except that the President may waive this prohibition if he determines, and so reports to the Congress, that furnishing such assistance would further the foreign policy interests of the United States. Angola. SEC. 513. None of the funds appropriated or otherwise made Cambodia. available pursuant to this Act shall be obligated or expended to Cuba. finance directly any assistance or reparations to Angola, Cambodia, Iraq. Libya. Cuba, Iraq, Libya, Laos, the Socialist Republic of Vietnam, South Laos. Yemen, or Syria. Vietnam. SEC. 514. None of the funds made available by this Act may be South Yeman. obligated under an appropriation account to which they were not Syria. appropriated without the written approval of the Appropriations Committees of both Houses of the Congress. SEC. 515. Amounts certified pursuant to section 1311 of the Sup- 31 u s e 1501, plemental Appropriations Act, 1955, as having been obligated 1108, 1502. against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961 for the same general purpose as anv of the paragraphs under "Agency for International Development' are, if deobligated, hereby continued available for the same period as the respective appropriations in such paragraphs for the same general purpose and for the same country as originally obligated, or for activities in the Andean region: Provided, That the Appropria- tions Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation or reobligation of such funds. Lobbying. SEC. 516. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of enactment of this Act by Congress. SEC. 517. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act. Loans. SEC. 518. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act. SEC. 519. None of the funds appropriated or made available pursu- ant to this Act shall be available to any international financial institution whose United States representative cannot upon request obtain the amounts and the names of borrowers for all loans of the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1899 international financial institution, including loans to employees of the institution, or the compensation and related benefits of employ- ees of the institution. SEC. 520. None of the funds appropriated or made available pursu- ant to this Act shall be available to any international financial institution whose United States representative cannot upon request obtain any document developed by the management of the interna- tional financial institution. SEC. 521. None of the funds appropriated or otherwise made Terrorism. available by this Act to the Export-Import Bank and funds appropri- ated by this Act for direct foreign assistance may be obligated for any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed or is being sought by any other government for prosecution for any war crime or an act of international terrorism, unless the President finds that the national security requires otherwise. SEC. 522. None of the funds appropriated or made available pursu- Commerce and ant to this Act for direct assistance and none of the funds otherwise trade. made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any com- modity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become opera- tive and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export- Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity. SEC. 524. The Secretary of the Treasury shall instruct the United 22 u s e 262h. States Executive Directors of the International Bank for Reconstruc- tion and Development, the International Development Association, the International Finance Corporation, the Inter-American De- velopment Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production of any commodity for export, if it is in surplus on world markets and if the assistance will cause substantial injury to the United States producers of the same, similar, or competing commodity. SEC. 525. None of the funds made available under this Act for "Agriculture, rural development and nutrition, Development Assist- ance", "Population, Development Assistance", "Child Survival Fund", "Health, Development Assistance", "Education and human resources development, Development Assistance", "Energy, private voluntary organizations, and selected development activities, Devel- opment Assistance", "Science and technology. Development Assist- ance", "International organizations and programs , "American schools and hospitals abroad", "Sahel development program", "Trade and development program", "International narcotics con- trol", "Economic support funa', "Peacekeeping operations", "Oper- ating Expenses of the Agency for International Development",
98 STAT. 1900 PUBLIC LAW 98-473—OCT. 12, 1984 "Anti-Terrorism Assistance", "Military assistance", "International military education and training", "Foreign military credit sales", "Inter-American Foundation", "African Development Foundation", "Peace Corps", or "Migration and refugee assistance", shall be available for obligation for activities, programs, projects, type of material assistance, countries, or other operation not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for the current fiscal year unless the Appropriations Committees of both Houses of Con- gress are previously notified fifteen days in advance. Contracts. SEC. 526. The expenditure of any appropriation under this Act for Public any consulting service through procurement contract, pursuant to 5 availability. U.S.C. 3109, shall be limited to those contracts where such expendi- tures are a matter of public record and available for public inspec- tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Abortion. SEC. 527. None of the funds appropriated under this Act may be used to lobby for abortion. Drugs and drug SEC. 528. None of the funds appropriated or otherwise made abuse. available under this Act may be available for any country during any three-month period beginning on or after October 1, 1984, immediately following a certification by the President to the Con- gress that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the Compre- hensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are cultivated, produced, or processed illicitly, in whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from entering the United States unlawfully. SEC. 529. Notwithstanding any other provision of law or this Act, none of the funds provided for "International organizations and programs" shall be available for the United States' proportionate share for any programs for the Palestine Liberation Organization, the Southwest Africa Peoples Organization, Libya, Iran, or Cuba. President of U.S. SEC. 530. (a) Not later than January 31 of each year, or at the time Report. of the transmittal by the President to the Congress of the annual 22 u s e 2414a. presentation materials on foreign assistance, whichever is earlier, the President shall transmit to the Speaker of the House of Repre- sentatives and the President of the Senate a full and complete report which assesses, with respect to each foreign country, the degree of support by the government of each such country during the preceding twelve-month period for the foreign policy of the United States. Such report shall include, with respect to each such country which is a member of the United Nations, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of a comparison of the overall voting practices in the principal bodies of the United Nations during the preceding twelve-month period of such country and the United States, with special note of the voting and speaking records of such country on issues of major importance to the United States in the General Assembly and the Security Council, and shall also include a report on actions with regard to the United States in important related documents such as the Non-Aligned Communi- que. A full compilation of the information supplied by the Perma- nent Representative of the United States to the United Nations for
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1901 inclusion in such report shall be provided as an addendum to such report. (b) None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to a country which the President finds, based on the contents of the report required to be transmitted under subsection (a), is engaged in a consistent pattern of opposition to the foreign policy of the United States. SEC. 531. Notwithstanding any other provision of law, Israel may Loans. utilize any loan which is or was made available under the Arms Israel. Export Control Act and for which repayment is or was forgiven 22 u s e 2751 before utilizing any other loan made available under the Arms note. Export Control Act. SEC. 532. Funds appropriated under this Act may be made avail- Contracts. able for the procurement of construction or engineering services from advanced developing countries, eligible under the Geographic Code 941, which have attained a competitive capability in interna- tional markets for construction services or engineering services and which are receiving direct assistance under chapter 1 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, notwith- 22 u s e 2151, standing section 604(g) of the Foreign Assistance Act of 1961: 2346. Provided, That this provision shall apply only in the case of those 22 u s e 2354. advanced developing countries that permit United States firms to compete for construction or engineering services financed from assistance programs of such countries. SEC. 533. (a) Not later than thirty days after the date of entry into El Salvador. force of any memorandum of understanding or other international President of U.S. agreement between the United States Government and the Govern- Reports. ment of El Salvador regarding the use of local currencies generated from assistance furnished to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 or generated from the sale of agricul- tural commodities under the Agricultural Trade Development and Assistance Act of 1954, with respect to El Salvador, the President 7 u s e 1691 note. shall prepare and transmit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report setting forth for each such memorandum or agreement— (1) the text of each such memorandum or agreement; (2) the status and description of each such memorandum or agreement, including the period of time covered, the amount of funding involved, and the sources of funding involved; (3) an explanation of the manner in which funds are to be used in El Salvador to— (A) eliminate the climate of violence and civil strife; (B) develop democratic institutions and processes; (C) develop strong and free economies with diversified production for both external and domestic markets; (D) make sharp improvement in the social conditions of the poorest Salvadorans; and (E) improve substantially the distribution of income and wealth; and (4) the degree of compliance by the Government of El Salva- dor with the provisions of such memorandum or agreement. (b) Not later than thirty days after the date of enactment of this Act, the President shall prepare and transmit to the committees referred to in subsection (a) a report providing the information described by paragraphs (1) through (4) of subsection (a) with respect
98 STAT. 1902 PUBLIC LAW 98-473—OCT. 12, 1984 to any memorandum of understanding or other international agree- ment described by such subsection which is in effect on the date of enactment of this Act. (c) Not later than six months after the date of entry into force of each memorandum of understanding or other international agree- ment described in subsection (a), and upon the date of termination of each such memorandum or agreement, the President shall prepare and transmit to the committees referred to in subsection (a) a report describing the progress achieved in carrying out the provisions of such memorandum or agreement, including the progress achieved in carrying out the provisions of clauses (A) through (E) of subsection (aX3). Loans. SEC. 534. The Congress finds that progress on the peace process in Israel. the Middle East is vitally important to United States security interests in the region. The Congress recognizes that, in fulfilling its obligations under the Treaty of Peace Between the Arab Republic of Egypt and the State of Israel, done at Washington on March 26, 1979, Israel incurred severe economic burdens. Furthermore, the Congress recognizes that an economically and militarily secure Israel serves the security interests of the United States, for a secure Israel is an Israel which has the incentive and confidence to continue pursuing the peace process. Therefore, the Congress de- clares that it is the policy and the intention of the United States that the funds provided in annual appropriations for the Economic Support Fund which are allocated to Israel shall not be less than the annual debt repayment (interest and principal) from Israel to the United States Grovernment in recognition that such a principle serves United States interests in the region. Palestine SEC. 535. In reaffirmation of the 1975 memorandum of agreement Liberation between the United States and Israel, and in accordance with Organization. section 909 of the International Security and Development Coopera- tion Act of 1984, as passed by the House of Representatives on May 10, 1984, no employee of or individual acting on behalf of the United States Government shall recognize or negotiate with the Palestine Liberation Organization or representatives thereof, so long as the Palestine Liberation Organization does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. SEC. 536. None of the funds made available in this Act shall be restricted for obligation or disbursement solely as a result of the policies of any multilateral institution. El Salvador. SEC. 537. Notwithstanding any other provision of law, if at any time following the appropriation of funds herein the duly elected President of El Salvador should be deposed by military coup or decree all funds appropriated herein for El Salvador and not there- tofore obligated or expended shall not thereafter be available for expenditure or obligation unless reappropriated by Congress. SEC. 538. Ceilings and earmarks contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent act unless such act specifically so directs. Report. SEC. 539. The Secretary of the Treasury and the Secretary of State are directed to submit to the Committees on Foreign Affairs and the Committees on Appropriations by February 1, 1985, a report on the domestic economic policies of those nations receiving economic as- sistance, either directly or indirectly from the United States
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1903 including, where appropriate, an analysis of the foreign assistance programs conducted by these recipient nations. SEC. 540. (a) To the maximum extent practicable, assistance for Haiti. Haiti under chapter 1 of part I and under chapter 4 of part II of the Voluntarism. Foreign Assistance Act of 1961 should be provided through private 22 u s e 2151, and voluntary organizations. 2346. (b) Funds available for fiscal year 1985 to carry out chapter 1 of part I or chapter 4 or chapter 5 of part II of the Foreign Assistance 22 u s e 2347. Act of 1961 may be obligated for Haiti only if the President deter- mines that the Government of Haiti— (1) is continuing to cooperate with the United States in halt- ing illegal emigration to the United States from Haiti; (2) is cooperating fully in implementing United States devel- opment, food, and other economic assistance programs in Haiti (including programs for prior fiscal years); and (3) is making progress toward improving the human rights situation in Haiti and progress toward implementing political reforms which are essential to the development of democracy in Haiti, such as progress toward the establishment of political parties, free elections, and freedom of the press. (c) Six months after the date of the enactment of this Act and six President of U.S. months thereafter, the President shall report to the Congress on the Report. extent to which the actions of the Government of Haiti are consist- ent with each paragraph of subsection (b). (d) Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act may be 22 u s e 2420. used for programs with Haiti, which shall be consistent with prevail- ing United States refugee policies, to assist in halting significant illegal emigration from Haiti to the United States. (e) Assistance may not be provided for Haiti for the fiscal year 1985 under chapter 2 of part II of the Foreign Assistance Act of 1961 22 u s e 2311. or under the Arms Export Control Act. 22 u s e 2751 SEC. 541. (a) Sections 116, 303, 311, 312, 703, and 1011 of H.R. 5119 note. as passed by the House of Representatives on May 10, 1984, are 22 u s e 2321h, 2321h note, hereby enacted. 2151b, 2181, (b) Section 102 of this joint resolution shall not apply with respect 2182, 2183, 2183 to the provisions enacted by this section and to those provisions note, 2182a, of S. 2346, S. 2416, and S. 2582 enacted by this Act. 2506, 2184. SEC. 542. (a) Of the amounts made available by this Act for Loans. "Foreign Military Credit Sales" which are provided to Israel, and Egypt. Egypt, Israel and Egypt shall be released from their contractual Israel. liability to repay the United States Government with respect to such credits. (b) Of the amounts made available by this Act for "Foreign Greece. Military Credit Sales", the principal amount of loans provided at Korea. nonconcessional interest rates which are provided for Greece, Philippines. Korea, Philippines, Portugal, Somalia, Spain (as long as Spain is a Portugal. Somalia. member of the North Atlantic Treaty Organization), Sudan, Tunisia, Spain. and Turkey shall (if and to the extent each country so desires) be Sudan. repaid in not more than twenty years, following a grace period of Tunisia. ten years on repayment of principal. Turkey. 22 u s e 2412. SEC. 543. Section 10 of Public Law 91-672 and section 15(a) of the 22 u s e 2680. State Department Basic Authorities Act of 1956 shall not apply with respect to funds and authorities appropriated or otherwise made available by this Act. This Act may be cited as the "Foreign Assistance and Related Foreign Programs Appropriations Act, 1985". Assistance and Related Programs Appropriations Act, 1985.
98 STAT. 1904 PUBLIC LAW 98-473—OCT. 12, 1984 (h) Such amounts as may be necessary for programs, projects or activities provided for in the Department of Defense Appropriation Infra. Act, 1985, at a rate of operations and to the extent and in the manner provided as follows, to be effective as if it had been enacted into law as the regular appropriation Act: AN ACT Department of Making appropriations for the Department of Defense for the fiscal year ending Defense September 30,1985, and for other purposes. Appropriations Act, 1985. TITLE I ;, • MILITARY PERSONNEL MiuTARY P E R S O N N E L , A R M Y For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- ' bers of the Army on active duty (except members of reserve compo- nents provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $21,020,344,000. MiuTARY P E R S O N N E L , N A V Y For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $15,660,246,000. MILITARY PERSONNEL, MARINE CORPS For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $4,803,366,000. MILITARY PERSONNEL, AIR FORCE For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for mem- bers of the Air Force on active duty (except members of Reserve components provided for elsewhere), cadets, and aviation cadets; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1905 for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund; $17,572,005,000. RESERVE PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for pajnnents to the Department of Defense Military Retirement Fund; $2,084,100,000. RESERVE PERSONNEL, NAVY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or personnel while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $1,127,700,000. RESERVE PERSONNEL, MARINE CORPS For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as author- ized by law; and for pa5anents to the Department of Defense Mili- tary Retirement Fund; $268,700,000. RESERVE PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers' Training Corps, and expenses authorized by section 2131 of title 10, United
98 STAT. 1906 PUBLIC LAW 98-473—OCT. 12, 1984 States Code, as authorized by law; and for payments to the Depart- ment of Defense Military Retirement Fund; $564,500,000. NATIONAL GUARD PERSONNEI,, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as author- ized by law; and for payments to the Department of Defense Mili- tary Retirement Fund; $2,926,100,000. NATIONAL GUARD PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 672(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; $868,578,000. TITLE II . ^ . i OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Army, as authorized by law; and not to exceed $11,602,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secre- tary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $18,411,078,000, of which not less than $1,429,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $2,823,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $25,116,241,000, of which not less than $764,000,000 shall be available only for the maintenance of real property facilities, and of which $10,500,000 shall be transferred to U.S. Coast Guard operat- ing expenses for fixed costs associated with the operation of the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1907 polar icebreaker program: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $3,700,000,000 shall be avail- able for the performance of such work in Navy shipyards: Provided further, That from the amounts of this appropriation for the alter- ation, overhaul and repair of naval vessels, funds shall be available for a test program to acquire the overhaul of two or more vessels by competition between public and private shipyards. The Secretary of the Navy shall certify, prior to award of a contract under this test, that the successful bid includes comparable estimates of all direct and indirect costs for both public and private shipyards. Competition under such test program shall not be subject to section 502 of the Department of Defense Authorization Act, 1981, as amended, or 20 USC 3489 Office of Management and Budget Circular A-76: Provided further, note. That funds herein provided shall be available for payments in support of the LEASAT program in accordance with the terms of the Aide Memoire, dated January 5, 1981: Provided further. That obligations incurred or to be incurred hereafter for termination liability and charter hire in connection with the TAKX and T-5 programs, for which the Navy has already entered into agreement for charter and time charters including conversion or construction related to such agreements or charters shall, for the purposes of title 31, United States Code, (1) in regard to and so long as the Government remains liable for termination costs, be considered as obligations in the current Operation and Maintenance, Navy, appro- priation account, to be held in reserve in the event such termination liability is incurred, in an amount equal to 10 per centum of the outstanding termination liability, and (2) in regard to charter hire, be considered obligations in the Navy Industrial Fund with an amount equal to the estimated charter hire for the then current fiscal year recorded as an obligation against such fund. Obligations of the Navy under such time charters are general obligations of the United States secured by its full faith and credit. OPERATION AND MAINTENANCE, MARINE CORPS For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Marine Corps, as authorized by law; $1,640,294,000, of which not less than $220,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of the Air Force, as authorized by law, including the lease and associated maintenance of replacement aircraft for the CT-39 aircraft to the same extent and manner as authorized for service contracts by section 2306(g), title 10, United States Code; and not to exceed $4,682,000 can be used for emergen- cies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military pur- poses; $19,093,265,000, of which not less than $1,250,000,000 shall be available only for the maintenance of real property facilities.
98 STAT. 1908 PUBLIC LAW 98-473—OCT. 12, 1984 ^ OPERATION AND MAINTENANCE, DEFENSE AGENCIES For expenses, not otherwise provided for, necessary for the oper- ation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $7,067,469,000, of which not to exceed $9,956,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided, That not less than $95,548,000 shall be available only for the maintenance of real property facilities. X < . OPERATION AND MAINTENANCE, ARMY RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta- tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $724,400,000, of which not less than $42,485,000 shall be available only for maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta- tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $827,181,000, of which not less than $37,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, MARINE CORPS RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and ad- ministration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta- tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $58,642,000, of which not less than $2,765,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, AIR FORCE RESERVE For expenses, not otherwise provided for, necessary for the oper- ation and maintenance, including training, organization, and ad- ministration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transporta- tion; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $872,461,000, of which not less than $20,200,000 shall be available only for the maintenance of real property facilities.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1909 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regi- mental, and battalion commanders while inspecting units in compli- ance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $1,424,293,000, of which not less than $44,000,000 shall be available only for the maintenance of real property facilities: Provided, That $1,650,000 shall be available for the upgrade of the runway at the Devil's Lake Municipal Airport, Devil's Lake, North Dakota, to accommodate military troop trans- port aircraft. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD For operation and maintenance of the Air National Guard, in- cluding medical and hospital treatment and related expenses in non- Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, mainte- nance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air Nationsd Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compli- ance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $1,810,348,000, of which not less than $43,700,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY For the necessary expenses, in accordance with law, for construe- / tion, equipment, and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $914,000, of which not to exceed $7,500 shall be available for incidental expenses of the National Board; and from other funds provided in this Act, not to exceed $680,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311: Provided, That competitors at national matches under title 10, United States Code, section 4312, may be paid subsistence and travel allowances in excess of the amounts provided under title 10, United States Code, section 4313.
98 STAT. 1910 PUBLIC LAW 98-473—OCT. 12, 1984 >,.. CLAIMS, DEFENSE . . For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $157,900,000. COURT OF MILITARY APPEALS, DEFENSE For salaries and expenses necessary for the United States Court of Military Appeals; $2,870,000, and not to exceed $1,500 can be used for officigd representation purposes. ENVIRONMENTAL RESTORATION, DEFENSE For expenses, not otherwise provided for, for environmental resto- ration programs, including hazardous waste disposal operations and removal of unsaJfe or unsightly buildings and debris of the Depart- ment of Defense, and including programs and operations at sites formerly used by the Department of Defense; $314,000,000, of which, not to exceed $6,000,000 shall be available for payment to the Anchorage School District for a share of the cost of removal and treatment of asbestos and related facility rehabilitation at the Bart- lett-Begich Junior/Senior High School located on Fort Richardson, Alaska. TITLE III PROCUREMENT AIRCRAFT PROCUREMENT, ARMY For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; special- ized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and ma- chine tools in public and private plants; reserve plant and Govern- ment and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $3,940,900,000, of which $642,600,000 shall be available for the purchase of UH-60/EH-60 Blackhawk/Quickfix helicopters under a multiyear contract and $431,900,000 shall be available for the purchase of CH-47 Chinook helicopter modifications under a multiyear contract; to remain available for obligation until September 30, 1987: Provided, That appropriations available herein shall be used to procure no less than eighteen AH-64 Apache attack helicopters for assignment to the Army National Guard.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1911 .J MISSILE PROCUREMENT, ARMY For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; special- ized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and ma- chine tools in public and private plants; reserve plant and Govern- ment and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, as follows: For the Chaparral program, $32,000,000; for Other Missile Support, $9,300,000; for the Patriot program, $976,400,000; for the Stinger program, $209,600,000; for the Laser Hellfire program, $225,000,000; for the TOW program, $201,700,000; for the Pershing II program, $370,000,000; for the MLRS program, $541,400,000; for modification of missiles, $208,800,000; for spares and repair parts, $270,300,000; for support equipment and facilities, $122,500,000; in all: $3,167,000,000; to remain available for obligation until Septem- ber 30,1987. PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ord- nance, spare parts and accessories therefor; specialized equipment and training devices; expansion of public and private plants, includ- ing the land necessary therefor, for the foregoing purposes, and such lands and interests therein may be acquired, and construction pros- ecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes; $4,548,100,000; to remain available for obligation until September 30, 1987: Provided, That notwithstanding any other provision of this Act, none of the funds appropriated may be ex- pended for the Division Air Defense system until— (1) initial production testing and the fiscal year 1985 oper- ational testing of such system have been completed; (2) the Secretary of Defense has reported to the Armed Serv- Report. ices and Appropriations Committees of the Congress the results of the testing and has certified to the Committees that (a) additional production of the Division Air Defense system is in the national interest to counter the present and projected Soviet threat, and (b) the system satisfactorily meets all design and performance requirements, and (3) a period of at least thirty days has elapsed after the day on which the Committees have received the report and certifica- tion, such date to be not later than sixty days after the comple- tion of either initial production testing or the fiscal year 1985 operational testing, whichever is later.
98 STAT. 1912 PUBLIC LAW 98-473—OCT. 12, 1984 PROCUREMENT OF AMMUNITION, ARMY For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authoriza- tion Acts or authorized by section 2854, title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; and other expenses necessary for the foregoing purposes; $2,646,300,000; to remain available for obligation until September 30,1987. OTHER PROCUREMENT, ARMY For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehi- cles; the purchase of not to exceed two thousand three hundred and sixty passenger motor vehicles for replacement only; communica- tions and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $5,122,450,000, of which $347,200,000 shall be available for the purchase of five ton trucks under a multiyear contract; to remain available for obligation until Septem- ber 30, 1987: Provided, That multiyear contracting authority provid- 97 Stat. 1421. ed in Public Law 98-212 for the Armored Combat Earthmover is rescinded. AIRCRAFT PROCUREMENT, NAVY For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor- owned equipment layaway; $10,903,798,000, of which $36,120,000 shall be available for the purchase of CH/MH-53E heavy lift heli- copters under a multiyear contract; to remain available for obliga- tion until September 30,1987. ' WEAPONS PROCUREMENT, NAVY For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor;
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1913 expansion of public and private plants, including the land necessary therefor, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title; and pro- curement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, as follows: For missile programs, $3,403,311,000; for the MK-48 torpedo program, $89,000,000; for the MK-48 ADCAP torpedo program, $105,600,000; for the MK-46 torpedo program, $229,700,000; for the MK-60 captor mine program, $122,000,000; for the MK-30 mobile target program, $21,300,000; for the MK-38 mini mobile target program, $2,500,000; for the antisubmarine rocket (ASROC) program, $25,900,000; for modification of torpedoes, $32,200,000; for the torpedo support equip- ment program, $96,000,000; for the MK-15 close-in weapons system program, $163,900,000; for the MK-75 gun mount, $10,900,000; for the MK-19 machinegun program, $2,000,000; for the 25mm gun mount, $3,100,000; for small arms and weapons, $3,500,000; for the modification of guns and gun mounts, $46,300,000; for the guns and gun mounts support equipment program, $13,400,000; in all: $4,353,611,000; to remain available for obligation until Septem- ber 30, 1987: Provided, That within the total amount appropriated, the subdivisions within this account shall be reduced by $17,000,000, as follows: $2,000,000 for contract support services, and $15,000,000 for miscellaneous contract savings. SHIPBUILDING AND CONVERSION, NAVY For expenses necessary for the construction, acquisition, or con- version of vessels as authorized by law, including armor and arma- ment thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procure- ment of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: For the Trident submarine program, $1,748,200,000; for the SSN-688 nuclear attack submarine program, $2,665,000,000; for the aircraft carrier service life extension program, $714,500,000; for the CG-47 AEGIS cruiser program, $2,883,000,000; for CG-47 AEGIS cruiser advance procurement, $102,000,000, of which $83,000,000 shall be solely for development of second production source(s) for SPY-1 radar and AEGIS combat system components and related integra- tion for CG-47 and DDG-51 ship classes; for the DDG-51 guided missile destroyer program, $1,050,000,000; for the LSD-41 landing ship dock program, $489,500,000; for the LHD-1 amphibious assault ship program, $39,200,000; for the LPD-4 service life extension program, $15,000,000; for the MCM mine countermeasures ship program, $344,500,000; for the T-AO fleet oiler ship program, $522,600,000; for the T-AGOS ocean surveillance ship pro- gram, $128,400,000; for the T-AGS ocean survey ship program, $225,000,000; for the T-ACS auxiliary crane ship program, $36,000,000; for the ARTE nuclear reactor training ship conver- sion program, $30,000,000; for the T-AVB logistics support ship program, $31,800,000; for the strategic sealift program, $31,000,000; for the LCAC air cushion landing craft program, $230,100,000; for
98 STAT. 1914 PUBLIC LAW 98-473—OCT. 12, 1984 craft, outfitting, post delivery, cost growth, and escalation on prior year programs, $450,200,000; in all: $11,736,000,000; to remain avail- able for obligation until September 30, 1989: Provided, That addi- tional obligations may be incurred after September 30, 1989, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction; and each Ship^building and Conversion, Navy, appropriation that is currently available for such obligations may also hereafter be so obligated after the date of its expiration: Provided further. That none of the funds herein provided for the construction or conver- sion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further. That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards: Provided further. That notwithstanding any other provision of law, the Navy is not required to install a Phased Array Radar on the FFG-61 which was authorized and for which appropriations were provided in fiscal year 1984, provided that this ship be equipped with a MK-92 Upgrade Phase II (CORT) System, and in addition to funds previously provided for the fiscal year 1984 FFG-7 guided missile frigate program, $36,300,000 shall be available by transfer from the amount appropriated in "Shipbuilding and Conversion, Navy, 1983/1987". OTHER PROCUREMENT, NAVY iv-^ For procurement, production, and modernization of support equip- ment and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not to exceed three vehicles required for physical security of personnel notwithstanding price limitations applicable to passenger carrying vehicles but not to exceed $100,000 per vehicle and the purchase of not to exceed four hundred and eighty-nine passenger motor vehicles which shall be for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; £is follows: For ship support equipment, $775,100,000; for communica- tions and electronics equipment, $1,758,800,000; for aviation support equipment, $990,328,000; for ordnance support equipment, $1,126,500,000; for civil engineering support equipment, $238,000,000; for supply support equipment, $112,000,000; for person- nel/command support equipment, $391,886,000; in all: $5,341,614,000; to remain available for obligation until Septem- ber 30, 1987: Provided, That within the total amount appropriated, the subdivisions within this account shall be reduced by $51,000,000, as follows: $1,000,000 for contract support services; and $50,000,000 for Trident facilities. PROCUREMENT, MARINE CORPS For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equip-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1915 ment, spare parts, and accessories therefor; plant equipment, appli- ances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including pur- chase of not to exceed two hundred and nineteen passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands, and inter- ests therein, may be acquired and construction prosecuted thereon prior to approval of title; $1,836,722,000; to remain available for obligation until September 30,1987. AIRCRAFT PROCUREMENT, AIR FORCE For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground han- dling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equip- ment layaway; and other expenses necessary for the foregoing pur- poses including rents and transportation of things; $26,188,266,000, of which $586,800,000 shall be available under a multiyear contract for procurement of seven hundred and twenty F-16 aircraft, of which seventy-two, shall be assigned to the Reserve Forces by 1991; to remain available for obligation until September 30, 1987: Pro- vided, That none of the funds in this Act may be obligated on B-IB bomber production contracts if such contracts would cause the production portion of the Air Force's $20,500,000,000 estimate for the B-IB bomber baseline costs expressed in fiscal year 1981 con- stant dollars to be exceeded: Provided further, That thirty of the F-16 aircraft for which funds are appropriated in this Act shall be provided to the Reserve Forces: Provided further, That of the C-130H aircraft for which funds are appropriated in this Act, eight shall be provided to the Air National Guard and eight shall be provided to the Air Force Reserve: Provided further, That $144,800,000 appropriated in fiscal year 1983 for procurement of commercial wide body aircraft shall be available only for the Civil Reserve Air Fleet (CRAF) modification program. MISSILE PROCUREMENT, AIR FORCE For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of struc- tures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired and construction pros- ecuted thereon prior to approval of title; reserve plant and Govern- ment and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transporta- tion of things; $6,909,245,000, of which $251,200,000 shall be avail- able for the phase III defense satellite communications system (DSCS III) under a multiyear contract; to remain available for
98 STAT. 1916 PUBLIC LAW 98-473—OCT. 12, 1984 obligation until September 30, 1987: Provided, That the funds appro- priated or made available in this paragraph include not more than $1,000,000,000 which may be obligated only for procurement related to the deployment of the 21 MX missiles for which funds were appropriated for fiscal year 1984, for advance procurement of parts and materials for the MX missile program and maintenance of the MX missile program contractor base, and for spare parts for the MX missile program. An additional $1,500,000,000 of prior year unobli- gated balances is available from the following accounts and in the specified amounts: , •.••• - iv--^ Aircraft Procurement, Army 1984/86 $30,000,000 Missile Procurement, Army 1984/86 25,000,000 Procurement of Weapons and 1983/85 58,100,000 Tracked Combat Vehicles, Army. Procurement of Weapons and 1984/86 214,600,000 Tracked Combat Vehicles, "^ Army. Procurement of Ammunition, 1984/86 44,000,000 Army. Other Procurement, Army 1984/86 47,500,000 Aircraft Procurement, Navy 1984/86 75,000,000 Weapons Procurement, Navy 1984/86 20,000,000 Shipbuilding and Conversion, 1981/85 52,300,000 Navy. Shipbuilding and Conversion, 1983/87 527,400,000 Navy. Shipbuilding and Conversion, 1984/88 57,000,000 Navy. Other Procurement, Navy 1984/86 85,700,000 Procurement, Marine Corps 1984/86 7,500,000 Aircraft Procurement, Air 1983/85 50,000,000 Force. Aircraft Procurement, Air 1984/86 176,400,000 Force. Missile Procurement, Air Force.. 1984/86 15,000,000 Other Procurement, Air Force 1984/86 14,500,000. The foregoing prior year unobligated balances shall remain avail- able only for obligation for transfers or reprogrammings or for the procurement of twenty-one additional operational MX missiles. These prior year unobligated balances may not be obligated or become available for the procurement of twenty-one additional oper- ational MX missiles unless after March 1,1985— Report. (a) the President submits to Congress a report described under section 110(e) of the Department of Defense Authorization Act, Post, p. 2504. 1985; (b) a joint resolution approving authorization of obligation of funds for additional MX missiles is enacted as provided in \. section llO(dXl) of the Department of Defense Authorization Act, 1985; and (c) a joint resolution further approving the obligation and availability of those prior year unobligated balances is enacted as provided for in this proviso: (1) For the purposes of clause (c), "joint resolution" means only a joint resolution introduced after the date on which the report of the President described under section 110(e) of the Department of Defense Authorization Act, 1985, is re- ceived by Congress, the matter after the resolving clause of which is as follows: "That the Congress approves the obliga-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1917 tion and availability of prior year unobligated balances made available for fiscal year 1985 for the procurement of additional operational MX missiles.". (2) A resolution described in paragraph (1) introduced in the House of Representatives shall be referred to the Com- mittee on Appropriations of the House of Representatives. A resolution described in paragraph (1) introduced in the Senate shall be referred to the Committee on Appropria- tions of the Senate. (3) The committee to which is referred a resolution de- scribed in paragraph (1) may not report such resolution in less than eight calendar days after its introduction. If a committee to which is referred a resolution described in paragraph (1) has not reported such resolution (or an identi- cal resolution) at the end of fifteen calendar days after its introduction or at the end of the second day after the House involved has voted on final passage of a joint resolution approving the further obligation of funds for the procure- ment of operational MX missiles as provided for in section 110(d)(1) of the Department of Defense Authorization Act, 1985, whichever is earlier, such committee shall be deemed Post, p. 2504. to be discharged from further consideration of such resolu- tion and such resolution shall be placed on the appropriate calendar of the House involved. (4XA) Subject to subparagraph (B), when the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolu- tion shall remain the unfinished business of the respective House until disposed of. (B) Notwithstanding subparagraph (A), it is not in order to consider a resolution described in paragraph (1) unless a resolution has been agreed to in the House involved as provided in section llO(dXl) of the Department of Defense Authorization Act, 1985. (C) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally be- tween those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable but such motion shall not be in order in the Senate until after five hours of debate. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is
98 STAT. 1918 PUBLIC LAW 98-473—OCT. 12, 1984 not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (D) Immediately following the conclusion of the debate on a resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (E) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relat- ing to a resolution described in paragraph (1) shall be decided without debate. (5) If, before the passage by the Senate of a resolution of the Senate described in paragraph (1), the Senate receives from the House of Representatives a resolution described in paragraph (1), then the following procedures shall apply: (A) The resolution of the House of Representatives shall not be referred to a committee. (B) With respect to a resolution described in para- .^^ graph (1) of the Senate— (i) the procedure in the Senate shall be the same as if no resolution had been received from the House; but (ii) the vote on final passage shall be on the resolution of the House. (C) Upon disposition of the resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate. (6) If the Senate receives from the House of Representa- tives, a resolution described in paragraph (1) after the Senate has disposed of a Senate originated resolution, the action of the Senate with regard to the disposition of the Senate originated resolution shall be deemed to be the action of the Senate with regard to the House originated resolution. (7) This proviso is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (8) Section 110(d)(1) of the Department of Defense Author- ization Act, 1985, as approved by Congress on September 27, Post, p. 2504. 1984, is amended by deleting the word "appropriated" and inserting in lieu thereof the word "available".
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1919 OTHER PROCUREMENT, AIR FORCE For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand eight hundred and ninety-eight passen- ger motor vehicles of which one thousand six hundred and forty- seven shall be for replacement only; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and con- tractor-owned equipment layaway; $8,861,697,000; to remain avail- able for obligation until September 30,1987. NATIONAL GUARD AND RESERVE EQUIPMENT For procurement of aircraft, missiles, tracked combat vehicles, and other procurement for the reserve components of the Armed Forces, not to exceed $380,000,000 to remain available until Septem- ber 30, 1987, distributed as follows: Army National Guard, not to exceed $150,000,000; Air National Guard, not to exceed $20,000,000; Naval Reserve, not to exceed $20,000,000; Marine Corps Reserve, not to exceed $30,000,000; Army Reserve, not to exceed $150,000,000; and Air Force Reserve, not to exceed $10,000,000. PROCUREMENT, DEFENSE AGENCIES For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for pro- curement, production, and modification of equipment, supplies, ma- terials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one hundred and thirty-two passenger motor vehicles of which one hundred and twenty-seven shall be for replacement only; expansion of public and private plants, equip- ment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; $1,165,701,000, to remain available for obligation until September 30,1987. DEFENSE PRODUCTION ACT PURCHASES For purchases or commitments to purchase metals, minerals, or other materials by the Department of Defense pursuant to section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093); $10,000,000, to remain available for obligation until September 30,1987.
98 STAT. 1920 PUBLIC LAW 98-473—OCT. 12, 1984 TITLE IV - .,,.,^.^.^ RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabili- tation, lease, and operation of facilities and equipment, as author- ized by law; $4,349,015,000, of which $13,338,000 is available only for activities relevant to approving the 120-millimeter mortar for serv- ice use, to remain available for obligation until September 30, 1986. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabili- tation, lease, and operation of facilities and equipment, as author- ized by law; $9,172,622,000, of which $29,941,000 is available only for the Low Cost Anti-Radiation Seeker Program, to remain available for obligation until September 30, 1986: Provided, That none of the funds appropriated by this Act for the new design attack submarine may be obligated or expended unless and until the Secretary of the Navy provides to the Committees on Appropriations and Armed Services of the Senate and House of Representatives written certifi- cation that, based on current national intelligence estimates ap- proved by the Director of Central Intelligence, the new design attack submarine will be capable under operational conditions of engaging the known Soviet submarine threat. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabili- tation, lease, and operation of facilities and equipment, as author- ized by law; $13,424,147,000, of which $82,698,000 is available only for the Engine Model Derivative Program, and $3,000,000 is avail- able only for the Low Cost Anti-Radiation Seeker Program, to remain available for obligation until September 30,1986. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES (INCLUDING TRANSFER OF FUNDS) For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilita- tion, lease, and operation of facilities and equipment, as authorized by law; $4,182,287,000, of which $10,000,000 is available only for the adapting of free electron laser technology to biomedical and materi- als science research, to remain available for obligation until Septem- ber 30, 1986: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1921 be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further. That such amounts of this appropriation as may be determined by the Secre- tary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred. DIRECTOR OF TEST AND EVALUATION, DEFENSE For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evalua- tion; and administrative expenses in connection therewith; $59,000,000, to remain available for obligation until September 30, 1986. TITLE V SPECIAL FOREIGN CURRENCY PROGRAM if For payment in foreign currencies which the Treasury Depart- ment determines to be excess to the normal requirements of the United States for expenses in carrying out programs of the Depart- ment of Defense, as authorized by law; $8,650,000, to remain avail- able for obligation until September 30, 1986: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for pa3mients in the foregoing currencies. TITLE VI REVOLVING AND MANAGEMENT FUNDS ARMY STOCK FUND For the Army stock fund; $366,448,000. NAVY STOCK FUND For the Navy stock fund; $473,307,000. MARINE CORPS STOCK FUND i i For the Marine Corps stock fund; $34,908,000. A I R FORCE STOCK FUND For the Air Force stock fund; $548,593,000. DEFENSE STOCK FUND For the Defense stock fund; $130,700,000.
98 STAT. 1922 PUBLIC LAW 98-473—OCT. 12, 1984 TITLE VII RELATED AGENCIES INTELLIGENCE COMMUNITY STAFF For necessary expenses of the Intelligence Community Staff; $20,797,000. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for con- tinuing the operation of the Central Intelligence Agency Retirement and Disability System; $99,300,000. TITLE VIII GENERAL PROVISIONS Contracts. SEC. 8001. The expenditure of any appropriation under this Act Public for any consulting service through procurement contract, pursuant availability. to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Lobbying. SEC. 8002. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 8003. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transpor- tation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty stations and return as may be authorized by law: Provided, That such contracts may be renewed annually. 10 u s e 1584 SEC. 8004. During the current fiscal year, provisions of law prohib- note. iting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 8005. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) transportation to primary and secondary schools of minor dependents of military and civilian personnel of the Department of Defense as authorized for the Navy by section 7204 of title 10, United States Code; (b) expenses in connection with administration of occupied areas; (c) payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) payment of deficiency judgments and interests thereon arising out of condemna-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1923 tion proceedings; (e) leasing of buildings and facilities including payment of rentals for special purpose space at the seat of govern- ment, and in the conduct of field exercises and maneuvers or, in administering the provisions of the Act of July 9, 1942 (56 Stat. 654; 43 U.S.C. 315q), rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) the purchase of milk for enlisted personnel of the Department of De- fense heretofore made available pursuant to section 202 of the Agricultural Act of 1949 (7 U.S.C. 1446a), and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property, including maintenance thereof when contracted for as a part of the lease agreement, for twelve months beginning at any time during the fiscal year; (k) pay and allowances of not to exceed nine persons, including personnel de- tailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1961, as amended; (1) the purchase of right-hand-drive vehicles 22 USC 2385. not to exceed $12,000 per vehicle; (m) payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for ships inducted into industrial fund activities or contracted for in prior fiscal years: Provided, That the Secretary of Defense shall notify the Congress promptly prior to obligation of any such pay- ments; (n) payments from annual appropriations to industrial fund activities and/or under contract for changes in scope of ship over- haul, maintenance, and repair after expiration of such appropria- tions, for such work either inducted into the industrial fund activity or contracted for in that fiscal year; and (o) payments for depot maintenance contracts for twelve months beginning at any time during the fiscal year. SEC. 8006. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to 10 USC 858 note. exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraud- ulent enlistment; (b) authorized issues of articles to prisoners, appli- cants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circum- stances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmili- tary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by section 7208 of title 10, United States Code; (j) lo use 807 note. expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $75 in any one case; and (k) carrying out section 10 of the Act of September 23,1950, as amended. 20 USC 640.
98 STAT. 1924 PUBLIC LAW 98-473—OCT. 12, 1984 Small and SEC. 8007. The Secretary of Defense and each purchasing and minority contracting agency of the Department of Defense shall assist Ameri- business. can small and minority-owned business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by increasing, to an optimum level, the resources and number of personnel jointly assigned to promoting both small and minority business involvement in purchases fi- nanced with funds appropriated herein, and by making available or causing to be made available to such businesses, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by assisting small and minority business concerns to participate equitably as subcontractors on contracts financed with funds appropriated herein, and by otherwise advocating and providing small and minor- ity business opportunities to participate in the furnishing of com- modities and services financed with funds appropriated by this Act. SEC. 8008. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 8009. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of section 1512 of title 31, United States Code, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of section 3732 of the Revised Stat- utes (41 U.S.C. 11). Report. (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 8010. No appropriation contained in this Act shall be avail- able in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of mer- chandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenues from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1925 be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further. That no appropria- tion contained in this Act shall be available to pay any costs incurred by any commissary store or other entity acting on behalf of any commissary store in connection with obtaining the face value ^ •> amount of manufacturer or vendor cents-off discount coupons unless all fees or moneys received for handling or processing such coupons are reimbursed to the appropriation charged with the incurred costs: Provided further. That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commis- sary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the mili- tary and civilian employees of the Department of Defense. SEC. 8011. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdic- tion of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accord- ance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such fljdng may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. SEC. 8012. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, tempo- rary storage, drayage, and unpacking of household goods and per- sonal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds for military personnel. SEC. 8013. Vessels under the jurisdiction of the Department of 40 use 483a. Transportation, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such Eigen- cies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 8014. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer camp training of the Reserve Officers' Training Corps, or the National Board for the Promotion of Rifle Practice, Army, or to the appro- priations provided in this Act for Claims, Defense, or for Environ- mental Restoration, Defense. SEC. 8015. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of De- fense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with
98 STAT. 1926 PUBLIC LAW 98-473—OCT. 12, 1984 mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Pro- vided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Report. Europe: Provided further. That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 8016. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Service concerned. Research SEC. 8017. No appropriation contained in this Act shall be avail- and able for the payment of more than 75 per centum of charges of development. educational institutions for tuition or expenses of off-duty training of military personnel (except with regard to such charges of educa- tional institutions (a) for enlisted personnel in the pay grade E-5 or higher with less than 14 years' service, for which payment of 90 per centum may be made or (b) for military personnel in off-duty high school completion programs, for which payment of 100 per centum may be made), nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training: Provided, That the foregoing limitation shall not apply to the Program for Afloat College Education. 10 use 2103 SEC. 8018. No part of the funds appropriated herein shall be note- expended for the support of any formally enrolled student in basic courses of the senior division. Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 8019. No part of any appropriation contained in this Act, except for small purchases in amounts not exceeding $10,000 shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, or hand or measuring tools, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated sjmthetic fabric, wool, or specialty metals including stain- less steel flatware, grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procure- ments by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1927 comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in further- ance of the standardization and interoperability of equipment re- quirements within NATO so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of 22 use 2776. title 10, United States Code: Provided further. That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further. That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations other than certain contracts not involving fuel made on a test basis by the Defense Logistics Agency with a cumulative value not to exceed $4,000,000,000, as may be deter- mined by the Secretary of Defense pursuant to existing laws and regulations as not to be inappropriate therefor by reason of national security considerations: Provided further. That the Secretary specifi- cally determines that there is a reasonable expectation that offers will be obtained from a sufficient number of eligible concerns so that awards of such contracts will be made at a reasonable price and that no award shall be made for such contracts if the price differential exceeds 2.2 per centum: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practica- ble, all contracts shall be awarded on a formally advertised competi- tive bid basis to the lowest responsible bidder. SEC. 8020. None of the funds appropriated by this Act may be obligated under section 206 of title 37, United States Code, for inactive duty training pay of a member of the National Guard or a member of a reserve component of a uniformed service for more than four periods of equivalent training, instruction, duty or appro- priate duties that are performed instead of that member's regular period of instruction or regular period appropriate duty. SEC. 8021. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by section 5901 of title 5, United States Code. SEC. 8022. Funds provided in this Act for legislative liaison activi- ties of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $12,700,000 for the current fiscal year: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense: Provided fur- ther. That costs for military retired pay accrual shall be included within this limitation. SEC. 8023. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such pro-
98 STAT. 1928 PUBLIC LAW 98-473—OCT. 12, 1984 curement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet. SEC. 8024. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) dis- charged for misconduct, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; or (3) discharged prior to completion of recruit training under honorable conditions for de- pendency, hardship, minority, disability, or for the convenience of the Government. (TRANSFER OF FUNDS) SEC. 8025. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $1,200,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) be- tween such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. (TRANSFER OF FUNDS) SEC. 8026. During the current fiscal year, cash balances in work- ing capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disburse- ments to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Manage- ment and Budget, except that transfers between a stock fund ac- count and an industrial fund account may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. SEC. 8027. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdic- tion of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 8028. None of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1929 SEC. 8029. None of the funds appropriated by this Act shall be Human experi- available for any research involving uninformed or nonvoluntary ments. human beings as experimental subjects: Provided, That this limita- tion shall not apply to measures intended to be beneficial to the recipient and consent is obtained from the recipient or a legal representative acting on the recipient's behalf. SEC. 8030. No part of the funds in this Act shall be available to Health and prepare or present a request to the Committees on Appropriations medical care. for reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress. SEC. 8031. No funds appropriated by this Act shall be available to pay claims for nonemergency inpatient hospital care provided under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence: Provided, That the forego- ing limitation shall not apply to payments that supplement primary coverage provided by other insurance plans or programs for inpa- tient care. SEC. 8032. None of the funds contained in this Act available for Health and the Civilian Health and Medical Program of the Uniformed Services medical care. under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors unless the patient h£is been referred to such counselor by a medical doctor for treat- ment of a specific problem with results of that treatment to be communicated back to the physician who made such referral; Ot)) special education, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) surgery which improves physical appearance but which is not expected to significantly restore functions including, but not limited to, mammary augmentation, face lifts and sex gender changes except that breast reconstructive surgery following mastec- tomy and reconstructive surgery to correct serious deformities caused by congenital anomalies, accidental injuries and neoplastic surgery are not excluded; (f) reimbursement of any physician or other authorized individual provider of medical care in excess of the eightieth percentile of the customary charges made for similar services in the same locality where the medical care was furnished, as determined for physicians in accordance with section 1079(h) of title 10, United States Code; or (g) any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction as as- sessed or diagnosed by a physician, dentist, clinical psychologist, optometrist, podiatrist, certified nurse-midwife, certified nurse prac- titioner, or certified clinical social worker, as appropriate, except as authorized by section 1079(aX4) of title 10, United States Code: Provided, That any changes in availability of funds for the program made in this Act from those in effect prior to its enactment shall be effective for care received following enactment of this Act. SEC. 8033. Appropriations available to the Department of Defense for the current fiscal year shall be available to provide an individual entitled to health care under chapter 55 of title 10, United States Code, with one wig if the individual has alopecia that resulted from 10 u s e 1071 et seq. 31-194 - 0 - 86 - 25 : QL. 3 P a r t 2
98 STAT. 1930 PUBLIC LAW 98-473—OCT. 12, 1984 treatment of malignant disease: Provided, That the individual has not previously received a wig from the Government. SEC. 8034. None of the funds appropriated by this Act may be used to support more than three hundred enlisted aides for officers in the United States Armed Forces. SEC. 8035. No appropriation contained in this Act may be used to pay for the cost of public affairs activities of the Department of Defense in excess of $43,400,000: Provided, That costs for military retired pay accrual shall be included within this limitation. SEC. 8036. None of the funds provided in this Act shall be avail- able for the planning or execution of programs which utilize amounts credited to Department of Defense appropriations or funds pursuant to the provisions of section 37(a) of the Arms Export 22 use 2777. Control Act representing payment for the actual value of defense 22 use 2761. articles specified in section 21(a)(1) of that Act: Provided, That such amounts shall be credited to the Special Defense Acquisition Fund, as authorized by law, or, to the extent not so credited shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302(b) of title 31, United States Code. ROTe. SEC. 8037. No appropriation contained in this Act shall be avail- able to fund any costs of a Senior Reserve Officers' Training Corps unit—except to complete training of personnel enrolled in Military Science 4—which in its junior year class (Military Science 3) has for the four preceding academic years, and as of September 30, 1983, enrolled less than (a) seventeen students where the institution prescribes a four-year or a combination four- and two-year program; or (b) twelve students where the institution prescribes a two-year program: Provided, That, notwithstanding the foregoing limitation, funds shall be available to maintain one Senior Reserve Officers' Training Corps unit in each State and at each State-operated mari- time academy: Provided further, That units under the consortium system shall be considered as a single unit for purposes of evalua- tion of productivity under this provision: Provided further. That enrollment standards contained in Department of Defense Directive 1215.8 for Senior Reserve Officers' Training Corps units, as revised during fiscal year 1981, may be used to determine compliance with this provision, in lieu of the standards cited above. SEC. 8038. (a) None of the funds appropriated by this Act or available in any working capital fund of the Department of Defense shall be available to pay the expenses attributable to lodging of any person on official business away from his designated post of duty, or in the case of an individual described under section 5703 of title 5, United States Code, his home or regular place of duty, when ade- quate Government quarters are available, but are not occupied by such person. (b) The limitation set forth in subsection (a) is not applicable to employees whose duties require official travel in excess of 50 per centum of the total number of the basic administrative work weeks during the current fiscal year. 10 use 6330 SEC. 8039. (a) During the current fiscal year and hereafter, none of note. the assets of the Department of Defense Military Retirement Fund shall be available to pay the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, IJnited States Code, on or after December 31, 1977, if the provisions of section 6330(d) of title 10, are utilized in determining such mem-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1931 ber's eligibility for retirement under section 6330(b) of the title 10: Provided, That notwithstanding the foregoing, time creditable as active service for a completed minority enlistment, and an enlist- ment terminated within three months before the end of the term of enlistment under section 6330(d) of title 10, prior to December 31, 1977, may be utilized in determining eligibility for retirement: Provided further, That notwithstanding the foregoing, time may be credited as active service in determining a member's eligibility for retirement under section 6330(b) of title 10 pursuant to the provi- sions of the first sentence of section 6330(d) of title 10 for those members who had formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1, 1977. (b) During the current fiscal year and hereafter, none of the assets of the Department of Defense Military Retirement Fund shall be available to pay that portion of the retainer pay of any enlisted member of the Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps Reserve who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of title 10, United States Code, on or after December 31, 1977, which is attributable under the second sentence of section 6330(d) of title 10 to time which, after December 31, 1977, is not actually served by such member. SEC. 8040. None of the funds appropriated by this Act for pro- grams of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for: (a) funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 1986; and (b) funds appropriated for Headquarters Construction, which shall remain available until Sep- tember 30,1989. SEC. 8041. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorized the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. SEC. 8042. None of the funds appropriated by this Act may be used to support more than 9,901 full-time and 2,603 part-time military personnel assigned to or used in the support of Morale, Welfare, and Recreation activities as described in Department of Defense Instruc- tion 7000.12 and its enclosures, dated September 4,1980. SEC. 8043. All obligations incurred in anticipation of the appro- priations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act. SEC. 8044. None of the funds provided by this Act shall be used to Abortion. perform abortions except where the life of the mother would be endangered if the fetus were carried to term. SEC. 8045. None of the funds appropriated by this Act shall be used for the provision, care or treatment to dependents of members or former members of the Armed Services or the Department of Defense for the elective correction of minor dermatological blem- ishes and marks or minor anatomical anomalies. SEC. 8046. None of the funds appropriated by this Act or hereto- Claims fore appropriated by any other Act shall be obligated or expended Germany. for the payment of anticipatory possession compensation claims to the Federal Republic of Germany other than claims listed in the 1973 agreement (commonly referred to as the Global Agreement) between the United States and the Federal Republic of Germany. SEC. 8047. During the current fiscal year the Department of Contracts. Defense may enter into contracts to recover indebtedness to the
98 STAT. 1932 PUBLIC LAW 98-473—OCT. 12, 1984 United States pursuant to section 3718 of title 31, United States Code, and any such contract entered into by the Department of Defense may provide that appropriate fees charged by the contrac- tor under the contract to recover indebtedness may be payable from amounts collected by the contractor to the extent and under the conditions provided under the contract. Contracts. SEC. 8048. None of the funds appropriated by this Act shall be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure- ment determines: (a) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work, or (b) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source, or (c) where the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 8049. None of the funds appropriated by this Act shall be available to provide medical care in the United States on an inpa- tient basis to foreign military and diplomatic personnel or their dependents unless the Department of Defense is reimbursed for the costs of providing such care: Provided, That reimbursements for medical care covered by this section shall be credited to the appro- priations against which charges have been made for providing such care, except that inpatient medical care may be provided in the United States without cost to military personnel and their depend- ents from a foreign country if comparable care is made available to a comparable number of United States military personnel in that foreign country. SEC. 8050. None of the funds appropriated by this Act shall be obligated for the second career training program authorized by 94 Stat. 1150. Public Law 96-347. SEC. 8051. None of the funds appropriated or otherwise made available in this Act shall be obligated or expended for salaries or expenses during the current fiscal year for the purposes of demili- tarization of surplus nonautomatic firearms less than .50 caliber. Contracts. SEC. 8052. None of the funds provided in this Act shall be avail- able to initiate (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000, or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procure- ment in excess of $20,000,000 in any one year, unless the Commit- tees on Appropriations and Armed l^rvices of the Senate and House of Representatives have been notified at least thirty days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1933 multiyear contract for which the economic order quantity advance procurement is not funded at least to the Umits of the Government's liability: Provided further, That no part of any appropriation con- tained in this Act shall be available to initiate multiyear procure- ment contracts for major systems unless specifically provided herein. For purposes of this provision, a major system is defined as a system or major assembly thereof whose eventual total expenditure for research, development, test, and evaluation is more than $200,000,000, or whose eventual total expenditure for procurement is more than $1,000,000,000. SEC. 8053. None of the funds appropriated by this Act which are available for payment of travel allowances for per diem in lieu of subsistence to enlisted personnel shall be used to pay such an allowance to any enlisted member in an amount that is more than the amount of per diem in lieu of subsistence that the enlisted member is otherwise entitled to receive minus the basic allowance for subsistence, or pro rata portion of such allowance, that the enlisted member is entitled to receive during any day, or portion of a day, that the enlisted member is also entitled to be paid a per diem in lieu of subsistence: Provided, That if an enlisted member is in a travel status and is not entitled to receive a per diem in lieu of subsistence because the member is furnished meals in a Govern- ment mess, funds available to pay the basic allowance for subsist- ence to such a member shall not be used to pay that allowance, or pro rata portion of that allowance, for each day, or portion of a day, that such enlisted member is furnished meals in a Government mess. SEC. 8054. During the current fiscal year and hereafter, none of 10 use 1401 the assets of the Department of Defense Military Retirement Fund note. shall be available to pay the retired pay or retainer pay of a member of the Armed Forces for any month who, on or after January 1,1982, becomes entitled to retired or retainer pay, in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the compu- tation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served: Provided, That the foregoing limitation shall not apply to any member who before January 1, 1982: (a) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve; 0)) is being processed for retirement under the provisions of chapter 61 of title 10 or who is on lo use 2loi the temporary disability retired list and thereafter retired under the ^t seq. provisions of sections 1210 (c) or (d) of title 10; or (c) is retired or in an inactive status and would be eligible for retired pay under the provisions of chapter 67 of title 10, but for the fact that the person is lO use 1331 under sixty years of age. ^^ *^'^" SEC. 8055. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(eXlXC) of the Arms Export Control Act unless the Committees on Appropria- 22 use 2761. tions have been notified in advance of the proposed waiver. SEC. 8056. None of the funds appropriated by this Act shall be available for the transportation of equipment or materiel designated as Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in excess of four division sets: Provided, That the foregoing limitation shall not apply with respect to any item of equipment or materiel which is maintained in the inventories of the Active and
98 STAT. 1934 PUBLIC LAW 98-473—OCT. 12, 1984 Reserve Forces at levels of at least 70 per centum of the established requirements for such an item of equipment or materiel for the Active Forces and 50 per centum of the established requirement for the Reserve Forces for such an item of equipment or materiel: Provided further, That no additional commitments to the establish- ment of POMCUS sites shall be made without prior approval of Congress. SEC. 8057. (a) None of the funds in this Act may be used to transfer any article of military equipment or data related to the manufac- ture of such equipment to a foreign country prior to the approval in writing of such transfer by the Secretary of the military service involved. (b) No funds appropriated by this Act may be used for the transfer of a technical data package from any Government-owned and oper- ated defense plant manufacturing large caliber cannons to any foreign government, nor for assisting any such government in pro- ducing any defense item currently being manufactured or developed in a United States Government-owned, Government-operated de- fense plant manufacturing large caliber cannons. (TRANSFER OF FUNDS) SEC. 8058. None of the funds appropriated in this Act may be made available through transfer, reprograming, or other means for any intelligence or special activity different from that previously justified to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds avail- able for such activity. SEC. 8059. Of the funds appropriated by this Act for strategic programs, the Secretary of Defense shall provide funds for the Advanced Technology Bomber program at a level at least equal to the amount provided by the committee of conference on this Act in order to maintain priority emphasis on this program. SEC. 8060. None of the funds available to the Department of Defense during the current fiscal year shall be used by the Secretary of a military department to purchase coal or coke from foreign nations for use at United States defense facilities in Europe when coal from the United States is available. SEC. 8061. None of the funds available to the Department of Defense shall be available for the procurement of manual typewrit- ers which were manufactured by facilities located within states which are Signatories to the Warsaw Pact. SEC. 8062. None of the funds appropriated by this Act may be used to appoint or compensate more than 37 individuals in the Depart- ment of Defense in positions in the Executive Schedule (as provided in sections 5312-5316 of title 5, United States Code). SEC. 8063. None of the funds appropriated by this Act shall be available to convert a position in support of the Army Reserve, Air . , Force Reserve, Army National Guard, and Air National Guard occupied by, or programed to be occupied by, a (civilian) military technician to a position to be held by a person in an active Guard or Reserve status if that conversion would reduce the total number of positions occupied by, or programed to be occupied by, (civilian) military technicians of the component concerned, below 62,410: Provided, That none of the funds appropriated by this Act shall be available to support more than 37,957 positions in support of the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1935 Army Reserve, Army National Guard or Air National Guard occu- pied by, or programed to be occupied by, persons in an active Guard or Reserve status: Provided further. That none of the funds appro- priated by this Act may be used to include (civilian) military techni- cians in computing civilian personnel ceilings, including statutory or administratively imposed ceilings, on activities in support of the Army Reserve, Air Force Reserve, Army National Guard or Air National Guard. SEC. 8064. (a) The provisions of section 138(c)(2) of title 10, United States Code, shall not apply with respect to fiscal year 1985 or with respect to the appropriation of funds for that year. (b) During fiscal year 1985, the civilian personnel of the Depart- ment of Defense may not be managed on the basis of any end- strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (c) The fiscal year 1986 budget request for the Department of Defense as well as all justification material and other documenta- tion supporting the fiscal year 1986 Department of Defense budget request shall be prepared and submitted to the Congress as if sections (a) and (b) of this provision were effective with regard to fiscal year 1986. (TRANSFER OF FUNDS) SEC. 8065. Appropriations or funds available to the Department of Defense during the current fiscal year may be transferred to appro- priations provided in this Act for research, development, test, and evaluation to the extent necessary to meet increased pay costs authorized by or pursuant to law, to be merged with and to be available for the same purposes, and the same time period, as the appropriation to which transferred. SEC. 8066. (a) During fiscal year 1985, no funds available to the Nicaragua. Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement, or individual. (b) The prohibition concerning Nicaragua contained in subsection (a) shall cease to apply if, after February 28,1985— (1) the President submits to Congress a report— Report. (A) stating that the Government of Nicaragua is provid- ing materiel or monetary support to anti-government forces engaged in military or paramilitary operations in El Salva- dor or other Central American countries; (B) analyzing the military significance of such support; (C) stating that the President has determined that assist- ance for military or paramilitary operations prohibited by subsection (a) is necessary; (D) justifying the amount and type of such assistance and describing its objectives; and (E) explaining the goals of United States policy for the Central American region and how the proposed assistance would further such goals, including the achievement of peace and security in Central America through a compre-
98 STAT. 1936 PUBLIC LAW 98-473—OCT. 12, 1984 hensive, verifiable and enforceable agreement based upon the Contadora Document of Objectives; and (2) a joint resolution approving assistance for military or paramilitary operations in Nicaragua is enacted. (c)(1) For the purpose of subsection (b)(2), "joint resolution" means only a joint resolution introduced after the date on which the report of the President under subsection (b)(1) is received by Congress, the matter after the resolving clause of which is as follows: "That the Congress approves the obligation and expenditure of funds available for fiscal year 1985 for supporting, directly or indirectly, military or paramilitary operations in Nicaragua.". (2) The report described in subsection (b)(1) shall be referred to the appropriate committee or committees of the House of Representa- tives and to the appropriate committee or committees of the Senate. (3) A resolution described in paragraph (1) introduced in the House of Representatives shall be referred to the Committee on Appropriations of the House of Representatives. A resolution de- scribed in paragraph (1) introduced in the Senate shall be referred to the Committee on Appropriations of the Senate. Such a resolution may not be reported before the eighth day after its introduction. (4) If the committee to which is referred a resolution described in paragraph (1) has not reported such resolution (or an identical resolution) at the end of fifteen calendar days after its introduction, such committee shall be discharged from further consideration of such resolution and such resolution shall be placed on the appropri- ate calendar of the House involved. (5)(A) When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a resolution described in paragraph (1), notwithstanding any rule or precedent of the Senate, including Rule 22, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amend- ment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respec- tive House until disposed of. (B) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (C) Immediately following the conclusion of the debate on a resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.
PUBLIC LAW 98-473—OCT. 12,1984 98 STAT. 1937 (D) Appeals from the decisions of the Chair relating to the applica- tion of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (1) shall be decided without debate. (6) If, before the passage by the Senate of a resolution of the Senate described in paragraph (1), the Senate receives from the House of Representatives a resolution described in paragraph (1), then the following procedures shall apply: (A) The resolution of the House of Representatives shall not be referred to a committee. (B) With respect to a resolution described in paragraph (1) of the Senate— (i) the procedure in the Senate shall be the same as if no resolution had been received from the House; but (ii) the vote on final passage shall be on the resolution of the House. (C) Upon disposition of the resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate. i• (7) If the Senate receives from the House of Representatives a resolution described in paragraph (1) after the Senate has disposed of a Senate originated resolution, the action of the Senate with regard to the disposition of the Senate originated resolution shall be deemed to be the action of the Senate with regard to the House originated resolution. (8) This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (d) During fiscal year 1985 funds approved by the resolution Nicaragua. described in subsection (b)(2) for the purpose of supporting, directly or indirectly, military or paramilitary operations in Nicaragua, shall not exceed $14,000,000. SEC. 8067, So far as may be practicable, Indian labor shall be Indians. employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of Defense: Provided, That the products must meet pre-set contract specifications. SEC. 8068. None of the funds made available by this Act shall be used in any way for the leasing to non-Federal agencies in the United States aircraft or vehicles owned or operated by the Depart- ment of Defense when suitable aircraft or vehicles are commercially V available in the private sector: Provided, That nothing in this section shall affect authorized and established procedures for the sale of surplus aircraft or vehicles: Provided further, That nothing in this section shall prohibit such leasing when specifically authorized in a subsequent Act of Congress. SEC. 8069. None of the funds made available by this Act shall be Lobbying. used in any way, directly or indirectly, to influence congressional
98 STAT. 1938 PUBLIC LAW 98-473—OCT. 12, 1984 action on any legislation or appropriation matters pending before the Congress, eontracts. SEC. 8070. No funds available to the Department of Defense during the current fiscal year may be used to enter into any contract with a term of eighteen months or more, inclusive of any option for contract extension or renewal, for any vessels, aircraft or vehicles, through a lease, charter, or similar agreement without prior congressional approval of appropriations. Further, any con- tractual agreement which imposes an estimated termination liabil- ity (excluding the estimated value of the leased item at the time of termination) on the Government exceeding 50 per centum of the original purchase value of the vessel, aircraft, or vehicle must have specific authority in an appropriation Act for the obligation of 10 per centum of such termination liability. Contracts. SEC. 8071. None of the funds appropriated by this Act may be obligated or expended on a Department of Defense contract for commercial or commercial-type products if the solicitation excludes any small business concern (ias defined pursuant to section 3 of the 15 u s e 632. Small Business Act) that cannot demonstrate that its product is accepted in the commercial market (except to the extent that may be required to evidence compliance with the Walsh-Healey Public 41 u s e 35 note. Contracts Act). Ft. DeRussy, SEC. 8072. None of the funds appropriated in this Act may be Hawaii. obligated or expended in any way for the purpose of the sale, lease, rental, or excessing of any portion of land currently identified as Fort DeRussy, Honolulu, Hawaii. SEC. 8073. None of the funds made available by this Act shall be available to operate in excess of 247 commissaries in the contiguous United States. SEC. 8074. None of the funds provided in this Act shall be used to procure aircraft ejection seats manufactured in any foreign nation that does not permit United States manufacturers to compete for ejection seat procurement requirements in that foreign nation. This limitation shall apply only to ejection seats procured for installation on aircraft produced or assembled in the United States. SEC. 8075. No more than $197,800,000 of the funds appropriated by this Act shall be available for the pajrment of unemplo5mient com- pensation benefits. SEC. 8076. None of the funds appropriated by this Act should be obligated for the pay of any individual who is initially employed after the date of enactment of this Act as a technician in the ,i administration and training of the Army Reserve and the mainte- nance and repair of supplies issued to the Army Reserve unless such individual is also a military member of the Army Reserve troop program unit that he or she is employed to support. Those techni- cians employed by the Army Reserve in areas other than Army Reserve troop program units need only be members of the Selected Reserve. SEC. 8077. None of the funds appropriated by this Act may be obligated or expended to adjust a base period under section 1079(hX2) of title 10, United States Code, more frequently than the Secretary of Defense considers appropriate. 10 use 2304 SEC. 8078. None of the funds hereafter available to the Depart- note. ment of Defense shall be used to adjust any contract price for amounts set forth in any shipbuilding claim, request for equitable ., adjustment, or demand for payment incurred due to the prepara- tion, submission, or adjudication of any such shipbuilding claim.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1939 request, or demand under a contract entered into after the date of enactment of this Act arising out of events occurring more than eighteen months prior to the submission of such shipbuilding claim, request, or demand. For the purposes of this section, requirement for submission of a shipbuilding claim, request, or demand is met only when the certification required in section 6(c)(1) of the Contract Disputes Act of 1978 and supporting data are provided. 41 USC 605. SEC. 8079. None of the funds appropriated by this Act shall be used for the transfer of the Department of Defense Dependents Schools (DODDS) to the Department of Education, as prohibited by section 1223 of the Department of Defense Authorization Act, 1984. 97 Stat. 692. SEC. 8080. No part of the funds appropriated herein shall be 20 USC 3442. available for the purchase of more than 50 per centum of the fiscal year requirements for aircraft power supply cable assemblies of each military facility from industries established pursuant to title 18, United States Code: Provided, That the restriction contained herein shall not apply to small purchases in amounts not exceeding $10,000. SEC. 8081. None of the funds appropriated by this Act shall be Animals. used to purchase dogs or cats or otherwise fund the use of dogs or cats for the purpose of training Department of Defense students or other personnel in surgical or other medical treatment of wounds produced by any type of weapon: Provided, That the standards of such training with respect to the treatment of animals shall adhere to the Federal Animal Welfare Law and to those prevailing in the 7 USC 2131 note, civilian medical community. SEC. 8082. None of the funds appropriated by this Act shall be obligated under the competitive rate program of the Department of Defense for the transportation of household goods to or from Alaska and Hawaii. SEC. 8083. None of the funds made available by this Act shall be used to initiate full-scale engineering development of any major defense acquisition program until the Secretary of Defense has provided to the Committees on Appropriations of the House and Senate— (a) a certification that the system or subsystem being devel- oped will be procured in quantities that are not sufficient to warrant development of two or more production sources, or (b) a plan for the development of two or more sources for the production of the system or subsystem being developed. SEC. 8084. None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37, United States Code, for more than sixty days of such leave, less the number of days for which payment was previously made under section 501 after Febru- ary 9,1976. SEC. 8085. Within the funds made available under title II of this Act, the military departments may use such funds as necessary, but not to exceed $4,700,000, to carry out the provisions of section 430 of title 37, United States Code: Provided, That none of the funds appropriated to the Department of Defense for the travel and transportation of dependent students of military personnel stationed overseas shall be obligated for a transportation allowance for travel within or between the contiguous United States. SEC. 8086. Within funds available under title II of this Act, but not to exceed $100,000, and under such regulations as the Secretary of Defense may prescribe, the Department of Defense may, in addition
98 STAT. 1940 PUBLIC LAW 98-473—OCT. 12, 1984 to allowances currently available, make payments for travel and transportation expenses of the surviving spouse, children, parents, and brothers and sisters of any member of the Armed Forces of the United States, who dies as the result of an injury or disease incurred in line of duty to attend the funeral of such member in any case in which the funeral of such member is more than two hundred miles from the residence of the surviving spouse, children, parents or brothers and sisters, if such spouse, children, parents or brothers and sisters, as the case may be, are financially unable to pay their own travel and transportation expenses to attend the funeral of such member. Nuclear SEC. 8087. Notwithstanding any other provision of this Act, no weapons. funds appropriated by this Act shall be expended for the research, development, test, evaluation or procurement for integration of a nuclear warhead into the Joint Tactical Missile System (JTACMS). SEC. 8088. None of the funds available to the Department of Defense may be used for the floating storage of petroleum or petroleum products except in vessels of or belonging to the United States. Civil Air Patrol. SEC. 8089. Of the funds made available to the Department of the Air Force in this Act, not less than $3,000,000 shall be available for the Civil Air Patrol. China Lake SEC. 8090. Funds appropriated by this Act may be used by the Naval Weapons Department of the Navy for the use of helicopters and motorized Center. equipment at China Lake Naval Weapons Center for removal of feral burros and horses. SEC. 8091. On or after June 30, 1985, none of the funds appropri- ated by this Act shall be available to execute an agreement for continuation pay authorized under section 311 of title 37, United States Code, with an officer of the Army or Navy in the Dental Corps or an officer of the Air Force designated as a dental officer who is serving in a dental specialty which is manned in excess of 95 per centum of the authorized strength for that specialty: Provided, That an agreement for such continuation pay may be executed with such an officer if the agreement provides that such officer will receive only 50 per centum of the amount of the continuation pay to which the officer would otherwise be entitled under section 311 of title 37: Provided further, That the foregoing limitation shall cease to be applicable upon the enactment of legislation repealing or amending the continuation pay provisions currently authorized by section 311 of title 37. (TRANSFER OF FUNDS) SEC. 8092. Not to exceed $100,000,000 may be transferred from the appropriation "Operation and Maintenance, Defense Agencies" to operation and maintenance appropriations under the military de- partments in connection with demonstration projects authorized by section 1092 of title 10, United States Code: Provided, That the Secretary of Defense shall promptly notify the Congress of any such transfer of funds under this provision: Provided further, That the authority to make transfers pursuant to this section is in addition to the authority to make transfers under other provisions of this Act. Brooklyn Naval SEC. 8093. The eleven sets of excess Navy quarters and related Shipyard. facilities on a six-acre site at the former Brooklyn Naval Shipyard shall be transferred at no cost to the Secretary of the Army for use by the Army National Guard.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1941 SEC. 8094. None of the funds available for Defense installations in Europe shall be used for the consolidation or conversion of heating facilities to district heating distribution systems in Europe: Pro- vided, That those facilities identified by the Department of the Army as of September 24, 1984, as being in advanced stages of negotiations shall be exempt from such provision upon written notification to the Committees on Appropriations of the House of Representatives and the Senate from the Department justifying the conversion for each facility. SEC. 8095. Section 7309(a) of title 10, United States Code, is amended— (1) by inserting "and no vessel of any other military depart- ment," after "no naval vessel,"; and (2) by striking out "a naval" and inserting in lieu thereof "any such". SEC. 8096. It is the sense of the Congress that the Secretary of Defense should formulate and carry out a program under which contracts awarded by the Department of Defense in fiscal year 1985 would, to the maximum extent practicable and consistent with existing law, be awarded to contractors who agree to carry out such contracts in labor surplus areas (as defined and identified by the Department of Labor). SEC. 8097. None of the funds appropriated or otherwise made Drugs and available under this Act may be available for any country during drug abuse. any three-month period beginning on or after November 1, 1983, immediately following a certification by the President to the Con- gress that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the Compre- hensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)), which are cultivated, produced, or processed illicitly, in whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from entering the United States unlawfully. SEC. 8098. It is the sense of the Congress that competition, which is necessary to enhance innovation, effectiveness, and efficiency, and which has served our Nation so well in other spheres of political and economic endeavor, should be expanded and increased in the provi- sion of our national defense. SEC, 8099. None of the funds available to the Department of Defense shall be obligated or expended to contract out any activity currently performed by the Defense Personnel Support Center in Philadelphia, Pennsylvania: Provided, That this provision shall not apply after notification to the Committees on Appropriations of the House of Representatives and the Senate of the results of the cost analysis of contracting out any such activity. SEC. 8100. (a) Notwithstanding any other provision of law, none of Anti-satellite the funds appropriated or made available in this or any other Act weapons. President of U.S. may be obligated or expended to test against an object in space the 10 u s e 139 note. miniature homing vehicle (MHV) anti-satellite warhead launched from an F-15 aircraft unless the President determines and certifies to Congress— (1) that the United States is endeavoring, in good faith, to negotiate with the Soviet Union a mutual and verifiable agree- ment with the strictest possible limitations on anti-satellite
98 STAT. 1942 PUBLIC LAW 98-473—OCT. 12, 1984 weapons consistent with the national security interests of the United States; (2) that, pending agreement on such strict limitations, testing against objects in space of the F-15 launched miniature homing vehicle anti-satellite warhead by the United States is necessary to avert clear and irrevocable harm to the national security; (3) that such testing would not constitute an irreversible step that would gravely impair prospects for negotiations on anti- satellite weapons; and (4) that such testing is fully consistent with the rights and obligations of the United States under the Anti-Ballistic Missile 23 UST 3435. Treaty of 1972 as those rights and obligations exist at the time of such testing. (b) During fiscal year 1985, funds appropriated for the purpose of testing the F-15 launched miniature homing vehicle anti-satellite warhead may not be used to conduct more than three tests of that warhead against objects in space. (c) The limitation on the expenditure of funds provided by subsec- tion (a) of this section shall cease to apply fifteen calendar days after the date of the receipt by Congress of the certification referred to in subsection (a) or March 1,1985, whichever occurs later. Central SEC. 8101. (a) The Congress makes the following findings: American (1) f h e President has stated that there is no need to introduce 50 use 1541 United States Armed Forces into Central America for combat note. ^^d that he has no intention of doing so. (2) The President of El Salvador has stated that there is no need for United States Armed Forces to conduct combat oper- ations in El Salvador and that he has no intention of asking that they do so. (3) The possibility of the introduction of United States Armed Forces into Central America for combat raises very grave con- cern in the Congress and the American people. (b) It is the sense of Congress that— (1) United States Armed Forces should not be introduced into or over the countries of Central America for combat; and (2) if circumstances change from those present on the date of the enactment of this Act and the President believes that those changed circumstances require the introduction of United States Armed Forces into or over a country of Central America for combat, the President should consult with Congress before any decision to so introduce United States Armed Forces and any such introduction of United States Armed Forces must 50 use 1541 comply with the War Powers Resolution. note. SEC. 8102. None of the funds appropriated by this Act shall be available to compensate foreign selling costs as described in Federal 48CFR Acquisition Regulation 31.205-38(b) as in effect on April 1, 1984. 31.205-38. SEC. 8103. Of the funds appropriated for the operation and mainte- nance of the Armed Forces, obligations may be incurred for huniani- tarian and civic assistance costs incidental to authorized operations, and these obligations shall be reported to Congress on September 30, 1985: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance in the Trust Territories of the Pacific Islands by using Civic Action Teams. 10 use 139 SEC. 8104. It is the sense of the Congress that—(a) the President note. shall inform and make every effort to consult with other member nations of the North Atlantic Treaty Organization, Japan, and other
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1943 appropriate allies concerning the research being conducted in the Strategic Defense Initiative program, (b) The Secretary of Defense, Report, in coordination with the Secretary of State and the Director of the Arms Control and Disarmament Agency, shall at the time of the submission of the annual budget presentation materials for each fiscal year beginning after September 30, 1984, report to the Com- mittees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed Serv- ices, and Foreign Affairs of the House of Representatives on the status of the consultations referred to under subsection (a). SEC. 8105. It is the sense of Congress that the President should North Atlantic insist that the pertinent member nations of the North Atlantic Treaty Treaty Organization meet or exceed their pledges for an annual Organization. Japan. increase in defense spending during fiscal years 1984 and 1985 of at 22 u s e 1928 least 3 per centum real growth and should insist that Japan further note. increase its defense spending during fiscal years 1984 and 1985 in furtherance of increased unity, equitable sharing of our common defense burden, and international stability. SEC. 8106. Notwithstanding any other provision of law, the Secre- taries of the Army and Air Force may authorize the retention in an active status until age sixty of any officer who would otherwise be removed from an active status and who is employed as a National Guard or Reserve technician in a position in which active status in a reserve component of the Army or Air Force is required as a condition of that employment. SEC. 8107. None of the funds available to the Department of Lexington-Blvie Defense may be used to transport any chemical munitions into Grass Army the Lexington-Blue Grass Army Depot for purposes of future Depot. demilitarization. SEC. 8108. Notwithstanding any other provision of law, including any amendments to section 405 of title 37, United States Code, enacted into law between September 26, 1984, and November 25, 1984, a station housing allowance ("rent plus") may be prescribed for a member of the uniformed services on duty in Alaska or Hawaii pursuant to the provisions of section 405 of title 37, United States Code, in effect on September 1, 1984: Provided, That a member of the uniformed services on duty in Alaska or Hawaii who receives such allowance shall not be entitled to a variable housing allowance. SEC. 8109. Notwithstanding any other provision of law, in addition Contracts. to the contracts authorized by paragraph (7) of section 2828(g) of title Fort Drum, N .Y. 10, United States Code, and section 806 of Public Law 98-407, the Fort Wainwright, Secretary of the Army may enter into contracts for not more than Alaska. one thousand two hundred family housing units at Fort Drum, New Fort Benning, York; Fort Wainwright, Alaska; and Fort Benning, Georgia; if the Ga. contracts are necessary in order to provide sufficient family housing Ante, p. 1521. to accommodate the restationing of the light infantry divisions. SEC. 8110. Notwithstanding any other provision of law, none of the funds appropriated in title II of this Act shall be available to meet the unforeseen and contingent requirement of the unified and speci- fied commands of the Armed Forces: Provided, That this provision shall not apply to unforeseen and contingent requirements of the unified and specified commands of the Armed Forces which may be funded under the terms and conditions of this bill governing title II obligations and expenditures. SEC. 8111. None of the funds appropriated by this Act may be obligated or expended for the purposes delineated in section 1002(eX2)(A) of the Department of Defense Authorization Act, 1985, Post, P- 2574.
98 STAT. 1944 PUBLIC LAW 98-473—OCT. 12, 1984 without the prior notification to the Committees on Appropriations of the House of Representatives and the Senate. SEC. 8112. (a) Notwithstanding any other provision of this joint resolution, of the total amount appropriated by this joint resolution, or any other Act appropriating funds for the Department of Defense for fiscal year 1985, for programs and activities subject to the reporting requirements of the Federal Procurement Data System Individual Contract Action Report (SF-279), an amount not less than $1,000,000,000 may not be apportioned or utilized for the costs of consultants, studies, analyses, management support services or other advisory and assistance services which are included in such reported programs and activities. Report. (b) Not later than September 1, 1985, the Secretary of Defense shall submit a report to the Congress indicating the manner in which compliance with subsection (a) has been achieved. 37 u s e 404 note. SEC. 8113. The Secretaries concerned (as defined in section 101(5) of title 37, United States Code), under uniform regulations pre- scribed by them and to the extent that funds are available within the permanent change of station travel account, may increase the rate per mile for mileage allowance under section 404(d)(2) of title 37, United States Code, to 15 cents per mile. Study. SEC. 8114, (a) The Secretary of Defense shall provide for an objective study to supplement and update the report entitled "Mili- tary Spouse and Family Issues, Europe, 1982." (b) The study shall include within its scope all areas in which members of the uniformed services are assigned to permanent duty stations and to which the dependents of members of the uniformed services are permitted to travel at Government expense. (c) The Secretary shall select an independent organization to conduct the study referred to in subsection (a) with such administra- tive support and technical advice as may be necessary for such organization to carry out the study. Such support and advice may be provided by the Secretary on an in-house basis and to reduce contractual expenditures to include collating, tabulating, computer, word processor, printing, and similar routine services. Report. (d) A report containing the results of the study carried out under this section shall be submitted to the Committees on Appropriations and Armed Services of the Senate and the House of Representatives not later than May 1,1985. (e) For the purpose of contracting out the study called for by this section, the Secretary of Defense may utilize not more than $250,000 out of any funds available to the Department of Defense. Department of This Act may be cited as the "Department of Defense Appropria- Defense tions Act, 1985". Appropriations Act, 1985. (i) Such amounts as may be necessary for projects or activities provided for in the Department of Transportation and Related Post, p. 1945. Agencies Appropriations Act, 1985, at a rate for operations and to the extent in the following Act; this subsection shall be effective as if it had been enacted into law.as the regular appropriation Act:
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1945 AN ACT Making appropriations for the Departrnent of Transportation and related agencies Department of for the fiscal year ending September 30,1985, and for other purposes. Transportation and Related Agencies TITLE I~DEPARTMENT OF TRANSPORTATION Appropriation Act, 1985. OFFICE OF THE SECRETARY SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary of Transpor- tation, including not to exceed $36,500 for allocation within the Department of official reception and representation expenses as the Secretary may determine, $50,000,000, of which $4,000,000 shall remain available until expended and shall be available for the purposes of the Minority Business Resource Center as authorized by 49 U.S.C. 332: Provided, That, notwithstanding any other provision of law, funds available for the purposes of the Minority Business Resource Center in this or any other Act, may be used for business opportunities related to any mode of transportation. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, and university research and in- ternships, to remain available until expended, $5,700,000: Provided, That the Secretary is directed to make simultaneous competitive study awards for the Phase I proposals, as submitted by the two technically qualified finalists in the competition to perform a meth- ane conversion study, as authorized by section 152 of the Surface Transportation Assistance Act of 1982. 23 u s e 307 note. LIMITATION ON WORKING CAPITAL FUND Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $65,500,000 shall be paid, in accordance with law, from appropria- tions made available by this Act and prior appropriation Acts to the Department of Transportation, together with advances and reim- ^ bursements received by the Department of Transportation. COASTGUARD OPERATING EXPENSES For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight p£issenger motor vehicles for replacement only; and recreation and welfare, $1,740,000,000, of which $202,861 shall be applied to Capehart Housing debt reduction: Provided, That the number of 14 use 92 note. aircraft on hand at any one time shall not exceed two hundred and ten exclusive of planes and parts stored to meet future attrition: Provided further. That none of the funds appropriated in this or any other Act sheill be available for pay or administrative expenses in connection with shipping commissioners in the United States: Pro-
98 STAT. 1946 PUBLIC LAW 98-473—OCT. 12, 1984 vided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 103 except to the extent fees are collected from yacht owners and credited to this appropriation. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; to remain available 10 use 2304 until September 30,1989, $344,500,000: Provided, That the Secretary note. of Transportation shall issue regulations requiring that written warranties shall be included in all contracts with prime contractors for major systems acquisitions of the Coast Guard: Provided further. That any such written warranty shall not apply in the case of any system or component thereof which has been furnished by the Government to a contractor: Provided further. That the Secretary of Transportation may provide for a waiver of the requirements for a warranty where: (1) the waiver is necessary in the interest of the national defense or the warranty would not be cost effective; and (2) the Committees on Appropriations of the Senate and the House of Representatives are notified in writing of the Secretary's intention to waive and reasons for waiving such requirements: Provided fur- ther. That the requirements for such written warranties shall not cover combat damage. ALTERATION OP BRIDGES For necessary expenses for alteration or removal of obstructive bridges, $5,200,000, to remain available until expended. RETIRED PAY For retired pay including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care 10 use 1071 e< Act (10 U.S.C, ch. 55), $330,800,000. seq. RESERVE TRAINING For all necessary expenses for the Coast Guard Reserve, as au- thorized by law; maintenance and operation of facilities; and sup- plies, equipment, and services, $58,833,000. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; main- tenance, rehabilitation, lease, and operation of facilities and equip- ment, as authorized by law, $23,000,000, to remain available until expended: Provided, That there may be credited to this appropria- tion funds received from State and local governments, other public authorities, private sources and foreign countries for expenses in- curred for research, development, testing, and evaluation.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1947 OFFSHORE OIL POLLUTION COMPENSATION FUND For necessary expenses to carry out the provisions of title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95-372), $1,000,000, to be derived from the Offshore Oil PoUu- 43 use 1811. tion Compensation Fund and to remain available until expended. In addition, to the extent that available appropriations are not ade- quate to meet the obligations of the Fund, the Secretary of Trans- portation is authorized to issue to the Secretary of the Treasury notes or other obligations in such amounts and at such times as may be necessary: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $60,000,000 in fiscal year 1985 for the "Offshore Oil Pollution Compensation Fund". DEEPWATER PORT LIABIUTY FUND For necessary expenses to carry out the provisions of section 18 of the Deepwater Port Act of 1974 (Public Law 93-627), $1,000,000, to 33 use 1517. be derived from the Deepwater Port Liability Fund and to remain available until expended. In addition, to the extent that available 33 use I5i7a. appropriations are not adequate to meet the obligations of the Fund, the Secretary of Transportation is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without fiscal year limitation, notes or other obligations in such amounts and at such times as may be necessary: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $50,000,000 in fiscal year 1985 for the "Deepwater Port Liability Fund". NATIONAL RECREATIONAL BOATING SAFETY AND FACIUTIES IMPROVEMENT FUND (LIQUIDATION OF CONTRACT AUTHORIZATION) For payment of obligations incurred for recreational boating safety assistance under Public Law 92-75, as amended, $13,625,000, 46 use 1451 to be derived from the National Recreational Boating Safety and note. Facilities Improvement Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $13,750,000 in fiscal year 1985 for recre- ational boating safety assistance: Provided further. That no obliga- tions may be incurred for the improvement of recreational boating facilities. FEDERAL AVIATION ADMINISTRATION HEADQUARTERS ADMINISTRATION (INCLUDING T R A N S F E R OF FUNDS) For necessary expenses, not otherwise provided for, of providing administrative services at the headquarters location of the Federal Aviation Administration, including but not limited to accounting, budgeting, personnel, legal, public affairs, and executive direction for the Federal Aviation Administration, $66,900,000: Provided, That the Secretary of Transportation is authorized to transfer ap-
98 STAT. 1948 PUBLIC LAW 98-473—OCT. 12, 1984 propriated funds between this appropriation and the Federal Avia- tion Administration appropriation for Operations: Provided further. That this appropriation shall be neither increased nor decreased by more than 7.5 per centum by any such transfers: Provided further, That any such transfers shall be reported to the Committees on Appropriations. OPERATIONS For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development, and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway 49 use app. 1701 Development Act, as amended, or other provisions of law authoriz- ^^^- ing obligation of funds for similar programs of airport and airway development or improvement; purchase of four passenger motor vehicles for replacement only and purchase and repair of skis and snowshoes, $2,622,600,000, of which not to exceed $1,110,000,000 shall be derived from the Airport and Airway Trust Fund, notwith- standing any other provision of law: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air naviga- tion facilities: Provided further. That none of these funds shall be available for new applicants for the second career training program. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisi- tion, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisi- tion of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations of officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, and the lease or purchase of one aircraft; to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 1989, $1,370,000,000: Provided, That there may be credited to this appro- priation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Pro- vided further. That of the funds available under this heading, $5,000,000 shall be available for the Secretary of Transportation to enter into grant agreements with universities or colleges to conduct demonstration projects in the development, advancement, or expan- sion of an airway science curriculum and such money, which shall remain available until expended, shall be made available under such terms and conditions as the Secretary of Transporation may prescribe, to such universities or colleges for the purchase or lease of buildings and Eissociated facilities, instructional materials, or equip- ment to be used in conjunction with the airway science curriculum.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1949 RESEARCH, ENGINEERING AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construc- tion of experimental facilities and acquisition of necessary sites by lease or grant, $265,000,000 to be derived from the Airport and Airway Trust Fund and to remain available until expended: Pro- vided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authori- ties, and private sources, for expenses incurred for research, engi- neering and development. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND) For liquidation of obligations incurred for airport planning and development under section 14 of Public Law 91-258, as amended, 49 use app. and under other law authorizing such obligations, and obligations I'^i^. for noise compatibility planning and programs, $810,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $925,000,000 in fiscal year 1985 for grants-in-aid for airport planning and development, and noise planning and programs, notwithstanding section 506(e)(4) of the Airport and Airway Improvement Act of 1982. 49 use app. 2205. OPERATION AND MAINTENANCE, METROPOUTAN WASHINGTON AIRPORTS For expenses incident to the care, operation, maintenance, im- provement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police use, for replacement only; pur- chase, cleaning, and repair of uniforms; and arms and ammunition, $35,931,500: Provided, That there may be credited to this appropria- tion funds received from air carriers, concessionaires, and non- Federal tenants sufficient to cover utility and fuel costs which are in excess of $6,970,000: Provided further. That there may be credited to this appropriation funds received from States, counties, municipali- ties, other public authorities, or private sources, for expenses in- curred in the maintenance and operation of the federally owned civil airports. CONSTRUCTION, METROPOLITAN WASHINGTON AIRPORTS For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $13,000,000, to remain available until September 30,1987, AVIATION INSURANCE REVOLVING FUND The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of f u n ^ avail- able pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the
98 STAT. 1950 PUBLIC LAW 98-473—OCT. 12, 1984 Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation insurance activities under said Act. AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM 49 use app. 1324 The Secretary of Transportation may hereafter issue notes or note. other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such obligations may be issued to pay any necessary expenses required pursuant to any guarantee issued under the Act of September 7, 49 use app. 1324 1957, Public Law 85-307, as amended (49 U.S.C. 1324 note). The n°**- aggregate amount of such obligations during fiscal year 1985 shall not exceed $125,000,000. Such obligations shall be redeemed by the Secretary from appropriations authorized by this action. The Secre- tary of the Treasury shall purchase any such obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond 40 Stat. 288. Act, as now or hereafter in force. The purposes for which securities may be issued under such Act are extended to include any purchase of notes or other obligations issued under the subsection. The Secre- tary of the Treasury may sell any such obligations at such times and price and upon such terms and conditions as he shall determine in his discretion. All purchase, redemptions, and sales of such obliga- tions by such Secretary shall be treated as public debt transactions of the United States. FEDERAL HIGHWAY ADMINISTRATION LIMITATION ON GENERAL OPERATING EXPENSES Necessary expenses for administration, operation, and research of the Federal Highway Administration, not to exceed $204,891,000, shall be paid, in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That not to exceed $57,750,000 of the amount provided herein shall remain available until expended: Provided further, That, of the funds available under this limitation, $5,000,000 shall be made available only for the establishment and implementation of a Demonstration Bonding Program for economically and socially disadvantaged businesses: Provided further. That, notwithstanding any other provision of law, there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities and private sources, for training expenses incurred for non-Federal employees. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT For necessary expenses in carrying out provisions of sections 307(a) and 403 of title 23, United States Code, to be derived from the Highway Trust Fund and to remain available until expended, $8,500,000.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1951 HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND) For payment of obligations incurrred in carrying out the provi- sions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until ex- pended, $5,000,000 to be derived from the Highway Trust Fund: Provided, That not to exceed $100,000 of the amount appropriated herein shall be available for "Limitation on general operating ex- penses": Provided further, That none of the funds in this Act shall be available for the planning or execution of programs, the obliga- tions for which are in excess of $10,000,000 in fiscal year 1985 for "Highway-related safety grants". RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS For necessary expenses of certain railroad-highway crossings demonstration projects as authorized by section 163 of the Federal- Aid Highway Act of 1973, as amended, to remain available until 23 use 130 note. expended, $15,000,000, of which $10,000,000 shall be derived from the Highway Trust Fund. INTERMODAL URBAN DEMONSTRATION PROJECT For necessary expenses to carry out the provisions of section 124 of the Federal-Aid Highway Amendments of 1974, $2,750,000, to be 88 Stat. 2290. derived from the Highway Trust Fund and to remain available until September 30,1987. AUTO-PEDESTRIAN SEPARATION DEMONSTRATION PROJECT For necessary expenses to carry out a demonstration project in Fargo, North Dakota, which demonstrates a cost-effective method for enhancing pedestrian safety, $1,750,000, to remain available until expended. FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND) For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, including the Na- tional Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $12,800,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended: Provided, That none of the funds in this Act shall be 23 USC104 note, available for the implementation or execution of programs the obligations for which are in excess of $13,250,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1985, except that this limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, obligations under section 157 of title 23, United States Code, projects covered under section 147 of the Surface Transportation Assistance Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, 46 use 144 note, subsections 131 (b) and 0*) of Public Law 97-424, section 118 of the 95 Stat. 1701. National Visitors Center Facilities Act of 1968, section 320 of title ^g g|J- l\f-
98 STAT. 1952 PUBLIC LAW 98-473—OCT. 12, 1984 23, United States Code, or completion of the Zilwaukee Bridge required because of construction failure. RIGHT-OF-WAY REVOLVING FUND (LIMITATION ON DIRECT LOANS) (TRUST FUND) During fiscal year 1985 and with the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $50,000,000. MOTOR CARRIER SAFETY For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation 49 use app. 1651 Act (80 Stat. 939-940), $14,066,000, of which $1,162,000 shall remain note. available until expended, and not to exceed $1,601,()00 shall be available for "Limitation on general operating expenses". MOTOR CARRIER SAFETY GRANTS For necessary expenses to carry out the provisions of section 402 49 use app. of Public Law 97-424, $14,000,000, to be derived from the Highway 2302. Trust Fund and to remain available until September 30, 1988. ACCESS HIGHWAYS TO P U B U C RECREATION AREAS ON CERTAIN LAKES For necessary expenses of certain Access Highway Projects, as authorized by section 155, title 23, United States Code, $5,000,000. WASTE ISOLATION PILOT PROJECT ROADS For necessary expenses in connection with the u j ^ a d i n g of cer- tain highways for the transportation of nuclear waste generated during defense-related activities, not otherwise provided for, $16,400,000 to remain available until expended. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OPERATION AND RESEARCH For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 15 use 1901 92-513, as amended), $82,350,000, of which $23,831,000 shall be note. derived from the Highway Trust Fund: Provided, That not to exceed $34,128,000 shall remain available until expended, of which $10,000,000 shall be derived from the Highway Trust Fund. HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND) (INCLUDING TRANSFERS OF UNEXPENDED BALANCES) For payment of obligations incurred in carrying out the provisions 23 use 401 note, of 23 U.S.C. 402, 406 and 408, and section 209 of Public Law 95-599, as amended, to remain available until expended, $125,000,000, to be derived from the Highway Trust Fund: Provided, That none of the funds in this Act shall be available for the planning or execution of
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1953 programs, the total obligations for which are in excess of $100,000,000 in fiscal year 1985 for "State and community highway safety" authorized under 23 U.S.C. 402: Provided further. That none of these funds shall be used for construction, rehabilitation or remodeling costs or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further, That none of the funds in this Act shall be available for the planning or execution of programs, the total obligations for which are in excess of $50,000,000 for "Alcohol safety incentive grants" authorized ^-' under 23 U.S.C. 408: Provided further. That none of the funds in this Act shall be available for the planning or execution of programs authorized by section 209 of Public Law 95-599, as amended, the 23 use 40i note. total obligations for which are in excess of $5,000,000 in fiscal years 1983,1984, and 1985: Provided further. That not to exceed $4,900,000 shall be available for administering the provisions of 23 U.S.C. 402: Provided further. That, for fiscal year 1985, no State shall obligate less than 8 per centum of the amount distributed to such State for State and Community Highway Safety grants authorized under 23 U.S.C. 402 for the purposes of developing and implementing compre- - hensive programs approved by the Secretary of Transportation concerning the use of child restraint systems in motor vehicles: Provided further. That the unexpended balances of the appropria- tions "State and Community Highway Safety" and "Miscellaneous Safety Programs" exclusive of the General Fund amounts appropri- ated to cover unexpended Territorial obligations and unexpended Transportation Systems Management obligations shall be trans- ferred to this appropriation and remain available until expended. ^"^ TSJ ; FEDERAL RAILROAD ADMINISTRATION OFFICE OF THE ADMINISTRATOR For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $10,700,000. '^ RAILROAD SAFETY For necessary expenses in connection with railroad safety, not otherwise provided for, $26,061,000. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $15,525,000, to remain available until expended. RAIL SERVICE ASSISTANCE For necessary expenses for rail service assistance authorized by section 5 of the Department of Transportation Act, as amended, for 49 use app. Washington Union Station, as authorized by Public Law 97-125, and 1654. for necessary administrative expenses in connection with Federal ^^ ^^ ^^^ "'^*® rail assistance programs not otherwise provided for, to remain available until expended, $23,200,000: Provided, That none of the funds provided under this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, 45 use 661 note. and that no new commitments to guarantee loans under section
98 STAT. 1954 PUBLIC LAW 98-473—OCT. 12, 1984 45 use 721. 211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as amended, shall be made: Provided further, That none of the funds in this Act shall be available for the acquisition, sale or transference of Washington Union Station without the prior approval of the House and Senate Committees on Appropriations: Provided further, That, of the funds available under this head, $15,000,000 shall be available for allocation to the States under section 5(h)(2) of the Department 49 u s e app. of T r a n s p o r t a t i o n Act, as amended: Provided further. T h a t , notwith- ^^^^- s t a n d i n g a n y o t h e r provision of law, a S t a t e m a y not apply for fiscal y e a r 1985 funds available u n d e r section 5(h)(2) u n t i l such S t a t e h a s expended all funds granted to it in the fiscal years prior to the beginning of fiscal year 1980, other than funds not expended due to pending litigation: Provided further. That a State denied funding by reason of the immediately preceding proviso may still apply for and receive funds for planning purposes: Provided further. That, not- withstanding any other provision of law, of the funds available under section 5(h)(2), $10,000,000 shall be made available for use under sections 5(h)(3)(B)(ii) and 5(h)(3)(C) of the Department of Transportation Act, as amended, nothwithstanding the limitations set forth in section 5(h)(3)(B)(ii). CoNRAiL LABOR PROTECTION For labor protection as authorized by section 713 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the 45 use 797Z. Northeast Rail Service Act of 1981, to remain available until ex- pended, $15,000,000: Provided, That such sum shall be considered to have been appropriated to the Secretary under said section 713 for transfer to the Railroad Retirement Board for the payment of benefits under section 701 of the Regional Rail Reorganization Act 45 use 797. of 1973, as amended: Provided further. That, for the purposes of section 710 of the Regional Rail Reorganization Act of 1973, as added 45 use 797i. by section 1143 of the Northeast Rail Service Act of 1981, such sum shall be considered to have been appropriated under section 713 of the Regional Rail Reorganization Act of 1973 and counted against the limitation on the total liability of the United States: Provided further. That such sums as may be necessary shall be made avail- able for necessary expenses of administration of section 701 of the Regional Rail Reorganization Act of 1973 by the Railroad Retire- ment Board. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM For necessary expenses related to Northeast Corridor improve- ments authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.), $27,800,000, to remain available until expended: Provided, That, 45 use 851 note, nothwithstanding any other provision of law, the provisions of 50 use 1431— Public Law 85-804 shall apply to the Northeast Corridor Improve- 1435. ment Program: Provided further. That the Secretary may waive the provisions of 23 U.S.C. 322 (c) and (d) if such action would serve a public purpose: Provided further. That all public at grade-level crossings remaining along the Northeast Corridor upon completion ,,, of the project shall be equipped with protective devices including gates and lights.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1955 GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for operating losses in- curred by the Corporation, capital improvements, and labor protec- tion costs authorized by 45 U.S.C. 565, to remain available until expended, $684,000,000: Provided, That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the president of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees -^ while in official travel status: Provided further. That the Secretary shall make no commitments to guarantee new loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1985: Provided further. That the incurring of any obligation or commitment by the Corporation for the purchase of capital improvements not expressly provided for in an appropriation Act or prohibited by this Act shall ^ ,- . be deemed a violation of 31 U.S.C. 1341: Provided further. That no funds are required to be expended or reserved for expenditure pursuant to 45 U.S.C. 601(e): Provided further. That none of the funds in this Act shall be made available to finance the rehabilita- tion and other improvements (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such cross- ings, and the improvement of operational portions of stations related to intercity rail pcissenger service) on the main line track between Atlantic City, New Jersey, and the main line of the North- east Corridor, unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvements shall be derived from non-Federal sources: Provided further. That, not- withstanding any other provision of law, the National Railroad Passenger Corporation shall not operate rail passenger service be- tween Atlantic City, New Jersey, and the Northeast Corridor main line unless the Corporation's Board of Directors determines that revenues from such service have covered or exceeded 80 per centum of the short term avoidable costs of operating such service in the first year of operation and 100 per centum of the short term avoidable operating costs for each year thereafter: Provided further. That none of the funds provided in this or any other Act shall be made available to finance the acquisition and rehabilitation of a line, and construction necessary to facilitate improved rail passen- ger service, between Spuyten Duyvil, New York, and the main line of the Northeast Corridor unless the Secretary of Transportation certifies that not less than 40 per centum of the costs of such improvement shall be derived from non-Amtrak sources. ALASKA RAILROAD REVOLVING FUND The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for trans- portation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided: Provided, That
98 STAT. 1956 PUBLIC LAW 98-473—OCT. 12, 1984 no employee shall be paid an annual salary out of said fund in 63 Stat. 954. excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS-15, except the general manager of said railroad, one assistant general manager and five officers at not to exceed the salaries prescribed for members of the Senior Executive Service. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS The total commitments to guarantee new loans pursuant to sec- 45 use 831-833. tions 511 through 513 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall not exceed $2,500,000 of contingent liabilities for loan principal during fiscal year 1985: Provided, That the Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization 45 use 832. and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the princi- pal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obliga- tion is outstanding: Provided further. That the aggregate amount of such notes or other obligations during fiscal year 1985 shall not exceed $100,000,000. REDEEMABLE PREFERENCE SHARES The Secretary of Transportation is hereby authorized to expend proceeds from the sale of fund anticipation notes to the Secretary of the Treasury and any other moneys deposited in the Railroad Rehabilitation and Improvement Fund pursuant to sections 502, 505-507, and 509 of the Railroad Revitalization and Regulatory 45 use 822, 825, Reform Act of 1976 (Public Law 94-210), as amended, and section ??^T'TI^^'O^?^OOO 803 of Public Law 95-620, for uses authorized for the Fund. 45 U o L 0^1, 822 and note, 825. URBAN MASS TRANSPORTATION ADMINISTRATION ADMINISTRATIVE EXPENSES For necessary administratiye expenses of the urban mass trans- portation program authorized by the Urban Mass Transportation 49 USCapp. 1601 Act of 1964, as amended (49 U.S.C. 1601 et seq.), 23 U.S.C. chapter 1, oo^frcr. A ^^ connection with these activities, including hire of passenger 23 use 101 e< motor vehicles and services as authorized by 5 U.S.C. 3109, ^' $31,000,000. RESEARCH, TRAINING, AND HUMAN RESOURCES For necessary expenses for research, training, and human resources as authorized by the Urban Mass Transportation Act of 49USeapp. 1601 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until note. expended, $51,000,000: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for training.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1957 FORMULA GRANTS For necessary expenses to carry out the provisions of sections 9 and 18 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $2,449,500,000 to remain available until 49 u s e app. expended: Provided, TTiat funds shall not be made available for 1607a, 1614. planning, preliminary engineering and design, or construction of the Detroit, Mich. proposed light rail line or subway in the Detroit, Michigan, area until a source of operating funds has been approved in accordance with Michigan law. DISCRETIONARY GRANTS (LIMITATIONS ON OBUGATIONS) None of the funds in this Act shall be available for the implemen- tation or execution of programs in excess of $1,120,000,000 in fiscal year 1985 for grants under the contract authority authorized in section 21(aX2XB) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.): Provided, That this limitation shall 49 u s e app. not apply to any authority for section 21(aX2)(B) previously made 1617. available for obligation: Provided further. That no funds shall be Detroit, Mich. made available for the proposed Woodward light rail line in the Detroit, Michigan, area until a source of operating funds has been approved in accordance with Michigan law: Provided further. That the Woodward line restriction shall not apply to alternatives analy- sis studies. LIQUIDATION OF CONTRACT AUTHORIZATION For payment of obligations incurred in carrjdng out section 21(aX2) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass Transpor- 49 u s e app. tation Administration, $450,000,000, to be derived from the Highway 1617. Trust Fund and to remain available until expended. INTERSTATE TRANSFER GRANTS—TRANSIT For necessary expenses to carry out the provisions of 23 U.S.C. 103(eX4) related to transit projects, $250,000,000, to remain available until expended. WASHINGTON METRO For necessary expenses to carry out the provisions of section 14 of Public Law 96-184, authorizing completion of the 101-mile Adopted 93 Stat. 1320. Regional System of rapid rail transit, $250,000,000, to remain avail- able until expended: Provided, That in obligating and expending funds appropriated under this section, the Secretary may not with- hold approval of any construction grant request solely on the basis of any mileage limitation. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government C!orporation Control Act, as amended, as may be 31 u s e 9104. necessary in carrying out the programs set forth in the budget for
98 STAT. 1958 PUBLIC LAW 98-473—OCT. 12, 1984 the current fiscal year for the Corporation except as hereinafter provided. LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $1,822,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Provided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and main- tenance personnel, as authorized by law (5 U.S.C. 5901-5902), and $15,000 for services as authorized by 5 U.S.C. 3109. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION RESEARCH AND SPECIAL PROGRAMS For expenses necessary to discharge the functions of the Research and Special Programs Administration, for expenses for conducting research and development and for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural 49 use app. Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $18,900,000, of 1674. which $6,975,000 shall remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training. OFFICE OF THE INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of the Inspector General in 5 use app. carrying out the provisions of the Inspector General Act of 1978, $27,900,000. TITLE II—RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD SALARIES AND EXPENSES For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the 29 use 792. Rehabilitation Act of 1973, as amended, $2,000,000. NATIONAL TRANSPORTATION SAFETY BOARD SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902), $21,700,000, of which not to exceed $300 may be used for official reception and representation expenses.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1959 CIVIL AERONAUTICS BOARD SALARIES AND EXPENSES (INCLUDING TRANSFER OF UNEXPENDED BALANCES) For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services £is author- ized by 5 U.S.C. 3109; uniforms, or allowances therefor, as author- ized by law (5 U.S.C. 5901-5902); and not to exceed $1,250 for official reception and representation expenses, $5,600,000: Provided, That of the foregoing amounts any unexpended balances available on Janu- ary 1, 1985, shall be transferred to agencies receiving transferred functions. PAYMENTS TO AIR CARRIERS (INCLUDING T R A N S F E R OF UNEXPENDED BALANCES) For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), as is payable by the Board, $52,000,000, to remain available until expended and such amounts as may be necessary to liquidate obliga- tions incurred prior to September 30,1984, under 49 U.S.C. 1376 and 1389 and under Public Law 97-369, "Payments to air carriers": Provided, That of the foregoing amount, any unexpended balances available on January 1,1985, shall be transferred to the Department of Transportation: Provided further. That the Board shall expend not to exceed $102,597 per year to restore guaranteed essential air transportation at Hazelton, Pennsylvania, to the minimum level of service of two round trip flights per day, five days per week, to either Philadelphia, Pennsylvania, or New York, New York, as determined by the community. INTERSTATE COMMERCE COMMISSION SALARIES AND EXPENSES For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $48,000,000: Provided, That joint board members and cooperating 19 use 10344 State commissioners may use Government transportation requests note. when traveling in connection with their official duties as such. PAYMENTS FOR DIRECTED RAIL SERVICE None of the funds provided in this Act shall be available for the execution of programs the obligations for which can reasonably be expected to exceed $1,000,000 for directed rail service authorized under 49 U.S.C. 11125 or any other legislation.
98 STAT. 1960 PUBLIC LAW 98-473—OCT. 12, 1984 PANAMA CANAL COMMISION OPERATING EXPENSES For operating expenses necessary for the Panama Canal Com- mission, including hire of passenger motor vehicles and aircraft; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); not to exceed $8,000 for official reception and represen- tation expenses of the Board; operation of guide services; residence for the Administrator; disbursements by the Administrator for em- ployee and community projects; not to exceed $25,000 for official reception and representation expenses of the Administrator; and to employ services as authorized by law (5 U.S.C. 3109); $406,346,000, to be derived from the Panama Canal Commission Fund: Provided, That there may be credited to this appropriation funds received from the Panama Canal Commission's capital outlay account for expenses incurred for supplies and services provided for capital projects and funds received from officers and employees of the Commission and/or commercial insurors of Commission employees for payment to other United States Government agencies for ex- penditures made for services provided to Commission employees and ; their dependents by such other agencies. CAPITAL OUTLAY For acquisition, construction, replacement, and improvements of facilities, structures, and equipment required by the Panama Canal Commission, including the purchase of not to exceed forty-four passenger motor vehicles for replacement only; to employ services authorized by law (5 U.S.C. 3109); $23,500,000, to be derived from the Panama Canal Commission Fund and to remain available until expended. UNITED STATES RAILWAY ASSOCIATION ADMINISTRATIVE EXPENSES For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the 45 use 701 note. Regional Rail Reorganization Act of 1973, as amended, to remain available until expended, $2,100,000, of which not to exceed $500 may be available for official reception and representation expenses. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INTEREST PAYMENTS For necessary expenses for interest payments, to remain available until expended, $46,175,945: Provided, That these funds shall be disbursed pursuant to terms and conditions established by Public 93 Stat. 1320. Law 96-184 and the Initial Bond Repayment Participation Agreement. TITLE III—GENERAL PROVISIONS SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for mainte- nance and operation of aircraft; hire of passenger motor vehicles
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1961 and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official departmental business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 302. Funds appropriated for the Panama Canal Commission may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 1341), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions. SEC. 303. Funds appropriated under this Act for expenditures by 20 u s e 241 note. the Federal Aviation Administration shall be available (1) except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for expenses of primary and secondary schooling for de- pendents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. SEC. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18. SEC. 305. None of the funds provided under this Act for urban Grants. formula grants shall be made available to support mass transit Elderly persons. facilities, equipment, or operating expenses unless the applicant for Handicapped persons. such assistance has given satisfactory assurances in such manner and forms as the Secretary may require, and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours shall not exceed one-half of the rates generally applicable to other persons at peak hours: Provided, That the Secretary, in pre- scribing the terms and conditions for the provision of such assist- ance shall permit an applicant whose existing fare collection system does not reasonably permit the collection of half fares to continue to use a preferential fare system for elderly and handicapped persons which was in effect on or before November 26, 1974, and which incorporates the offering of a free return ride upon payment of the generally applicable full fare, except that such a system may be used after October 1,1984, only if such system is available for use by all elderly and handicapped persons. SEC. 306. None of the funds appropriated in this Act for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing TIAS 10029. those treaties. SEC. 307. None of the funds provided in this Act may be used for planning or construction of rail-highway crossings under section 322(a) of title 23, United States Code, or under section 701(aX5) or 45 u s e 851. section 703(1XA) of the Railroad Revitalization and Regulatory Reform Act of 1976 at the— 45 u s e 853. 31-194 - 0 - 86 - 26 : QL. 3 P a r t 2
98 STAT. 1962 PUBLIC LAW 98-473—OCT. 12, 1984 Groton, Conn. (1) School street crossing in Groton, Connecticut; and Stonington, (2) Broadway Extension crossing in Stonington, Connecticut. Conn. SEC. 308. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regula- tory or adjudicatory proceedings funded in this Act. SEC. 309. None of the funds in this Act shall be used to assist, directly or indirectly, any State in imposing mandatory State inspec- tion fees or sticker requirements on vehicles which are lawfully registered in another State, including vehicles engaged in interstate commercial transportation which are in compliance with Part 396— Inspection and Maintenance of the Federal Motor Carrier Safety 49 CFR Part Regulations of the U.S. Department of Transportation. 396. SEC. 310. None of the funds contained in this Act shall remain available for obligation beyond the current fiscal year unless ex- pressly so provided herein. SEC. 311. Notwithstanding any other provision of law, total amounts of contract authority authorized for fiscal year 1985 in 49 u s e app. section 21(a)(2)(B) of the Urban Mass Transportation Act of 1964, as 1617. amended, shall be available for obligation through fiscal year 1988. SEC. 312. None of the funds in this or any other Act shall be available for the planning or implementation of any change in the current Federal status of the Transportation Systems Center. SEC. 313. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursu- ant to existing law. Washington SEC. 314. None of the funds in this Act may be used to implement National a rulemaking which would lower the annual passenger ceiling at Airport. Washington National Airport. 23 u s e 104 note. SEC. 315. (a) For fiscal year 1985 the Secretary of Transportation shall distribute the obligation limitation for Federal-aid highways by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bear to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (b) During the period October 1 through December 31, 1984, no State shall obligate more than 40 per centum of the amount distrib- uted to such State under subsection (a), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection. (c) Notwithstanding subsections (a) and (b), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code. (2) after August 1, 1985, revise a distribution of the funds made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1963 addition to those previously distributed during that fiscal year giving priority to those States having large unobligated bal- ances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation Assistance Act of 1982 and the Federal-Aid Highway Act of 23 u s e 101 note. 1981, have experienced substantial proportional reductions in 23 u s e 101 note. their apportionments and allocations. (3) not distribute amounts authorized for administrative expenses and the Federal Lands Highway Programs. This Act may be cited as the "Department of Transportation and Department of Related Agencies Appropriation Act, 1985". Transportation and Related (j) Such sums as may be necessary for programs, projects, or Agencies activities provided for in the Treasury, Postal Service and General Appropriation Government Appropriations Act, 1985 (H.R. 5798) to the extent and Act, 1985. in the manner provided for in the conference report and joint explanatory statement of the committee of conference as passed by the House of Representatives on September 12, 1984, as if enacted into law (with the exception of the provisions involved in amend- ments numbered 24 and 26 which shall be effective as if enacted into law): Provided, That, notwithstanding section 102 of this joint resolution, the Department of the Treasury shall consolidate the operations of the Bureau of Government Financial Operations in accordance with the language concerning amendment numbered 9 in the joint explanatory statement of the committee of conference (H. Rept. 98-993). It is the sense of the Congress that— 42 u s e 1971 (1) voter registration drives should be encouraged by govern- note. mental entities at all levels; and (2) voter registration drives conducted by State governments on a nonpartisan basis do not violate the provisions of the Intergovernmental Personnel Act (42 U.S.C. 4728, 4763). (k) Such amounts as may be necessary for continuing the follow- ing activities, not otherwise provided for in this joint resolution, which were conducted in the fiscal year 1984, under the terms and conditions provided in applicable appropriation Acts for the fiscal year 1984, at the current rate: Activities under the Public Health Service Act; and 42 u s e 201 note. Refugee and entrant assistance activities under the provisions of title IV of the Immigration and Nationality Act, title IV and 8 u s e 1521. part B of title III of the Refugee Act of 1980, and sections 501 (a) 8 u s e 1522 note, and (b) of the Refugee Education Assistance Act of 1980, except 1521. that such activities shall be continued at a rate for operations 8 u s e 1522 note. not in excess of the lower of the current rate or the rate authorized by H.R. 3729 as passed the House of Representatives: Provided, That such funds may be expended for individuals who would meet the definition of "Cuban and Haitian entrant" under section 501(e) of the Refugee Education Assistance Act of 1980, but for the application of paragraph (2)(B) thereof; 8 u s e 1522 note. Foster care and adoption assistance activities under title IV- E of the Social Security Act under the terms and conditions 42 u s e 670. established by sections 474(b) and 474(c) of that Act, and sections 42 u s e 674. 42 u s e 672 and 102(aXl) and 102(c) of Public Law 96-272, as those sections were note. in effect for fiscal year 1984; Emergency immigrant education activities authorized by sec- tion 101(g) of Public Law 98-151; and 97 Stat. 964.
98 STAT. 1964 PUBLIC LAW 98-473—OCT. 12, 1984 42 u s e 9801 Activities under the Follow Through Act, except that the note. annual rate for such activities shall not exceed $10,000,000. SEC. 102. Unless otherwise provided for in this joint resolution or in the applicable appropriation Act, appropriations and funds made avsdlable and authority granted pursuant to this joint resolution shall be available from October 1, 1984, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) September 30,1985, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authoriza- tion whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. Any appropriation for fiscal year 1985 required to be apportioned pursuant to subchapter II of chapter 15 of title 31, 31 u s e 1511. United States Code, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemented or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of subchapter II of chapter 15 of title 31, United States Code. 97 Stat. 1230. SEC. 113. Section 12010t)Xl) of the National Housing Act is 12 u s e 1749bbb. amended— (1) by striking out "September 30,1984" and inserting in lieu thereof "September 30,1985"; and (2) in subparagraph (A), by inserting after "1985" the follow- ing: ", and September 30,1986, respectively". SEC. 108. Notwithstanding any other provision of this joint resolu- tion, for an additional amount for "Abatement, control and compli- ance, Environmental Protection Agency", $13,000,000, to remain available until expended, which shall be available to the city of Akron, Ohio, to refinance the bond debt of the recycle energy system of such city: Provided, That such sum may not exceed 60 percent of such debt: Provided further. That the facilities of such recycle energy system shall be made available to the Federal (Jovemment as a laboratory facility for municipal waste to energy research. SEC. 108B. For expenses necessary to carry out loan guarsmty and 38 u s e 1801 et insurance operations, as authorized by law (38 U.S.C. chapter 37, seq. except administrative expenses, as authorized by section 1824 of such title), $306,600,000 is hereby appropriated for "Loan guaranty revolving fimd, Veterans' Administration", to remain available until expended. SEC. 109. The penultimate proviso in the paragraph under the heading "Rent Supplement" in the Supplemental Appropriations Act, 1983 (Public Law 98-63, 97 Stat. 301, 320) is amended to read as follows: "Provided further. That upon the completion of each con- 12 u s e 1701s, tract under such section 101 or 236(fK2) on behalf of qualified 1715Z-1. tenants on a State-aided, noninsured rental housing project, the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1965 balance of the contract authority provided in appropriation Acts for such contract shall be rescinded:". Any amounts of authority for contracts under section 236 of the National Housing Act (12 U.S.C. 1715z-l) or under section 101 of the Housing and Urban Develop- ment Act of 1965 (12 U.S.C. 1701s) which would otherwise become available at the time of cancellation of any such contract as a result of a foreclosure action, or a transfer of a deed in lieu of foreclosure, of a State-aided, noninsured rental housing project having any contracts under such sections shall remain available for such project for the balance of the term which remains at the time of cancella- tion of such a contract as a result of a foreclosure action or such transfer of deed, and the Secretary of Housing and Urban Develop- ment shall offer to execute new contracts under such sections, subject to compliance with the requirements of sections 236 (b) and (f)(2) of the National Housing Act, or such section 101, respectively. SEC. 110. The item relating to "Department of Housing and Urban Development—Housing Programs—Annual Contributions for As- sisted Housing" in the Department of Housing and Urban Develop- ment-Independent Agencies Appropriation Act, 1984 (Public Law 98-45; 97 Stat. 219, 220), is amended by adding at the end thereof the following new paragraph: "Notwithstanding any other provision of this Act or any other law regarding the availability of recaptured budget authority, $9,000,000 of budget authority recaptured and becoming available for obliga- tion in fiscal year 1984 shall be made available only to provide assistance under the new construction program of section 8 of the United States Housing Act of 1937 for 40 dwelling units in 42 u s e 1437f. the Carmel Plaza North Project Numbered 000-32028-PM/L8, in the District of Columbia, which project was terminated by the Secretary of Housing and Urban Development on July 26, 1984. Such budget authority shall remain available for obligation for fiscal year 1985, and the provisions repealed by section 209(a) of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98-181; 97 Stat. 1153, 1183) shall remain in effect with respect to such project and budget authority.". SEC. 111. The Administrator of the Environmental Protection Rocky River Agency shall make a grant not to exceed $2,337,000 from construc- Wastewater Treatment tion grant funds allotted to the State of Ohio for fiscal year 1985 to Plant, Ohio. the owners of the Rocky River Wastewater Treatment Plant in Rocky River, Ohio, for reimbursement of such owners for the cost of construction of such plant. SEC. I l l A . (a) The Small Business Act is amended by adding the Fish and fishing. following new section: "SEC. 23. Notwithstanding any other provision of law, rule, or 15 u s e 650. regulations, for purposes of section 7(b) of this Act (15 U.S.C. 636(b)), the Administrator shall, with respect to small business concerns involved in the fishing industry, treat the recent El Nino-related ocean conditions as a disaster under such subsection: "(1) disaster loan assistance shall be provided to the fishing industry pursuant to paragraph (2) of such section— "(A) the term 'recent El Nino-related ocean conditions' means the ocean conditions (including high water tempera- tures, scarcity of prey, and absence of normal upwellings) which occurred in the eastern Pacific Ocean off the west coast of the North American Continent during the period beginning with June 1982 and ending at the close of Decem-
98 STAT. 1966 PUBLIC LAW 98-473—OCT. 12, 1984 ber 1983, and which resulted from the climatic conditions occurring in the Equatorial Pacific during 1982 and 1983; "(B) the term 'fishing industry' means any trade or busi- ness involved in (i) the catching, taking, or harvesting of fish (whether or not sold on a commercial basis), (ii) any operation at sea or on land, in preparation for, or substan- tially dependent upon, the catching, taking, or harvesting of fish, and (iii) the processing or canning of fish (including storage, refrigeration and transportation of fish before proc- essing or canning); and "(C) the term 'fish' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds; and "(2) for purposes of paragraphs (2) through (4) of subsection 15 u s e 636. 7(b) of this Act, eligibility of individual applicants shall not in any way be dependent upon the number of disaster victims in any county or other political subdivision."; and Ante, p. 161. (b) Section 3(j) of such Act is amended by striking all of such subsection after the word "association" in the second sentence thereof and by inserting in lieu thereof "as a business concern and shall not include the income or employees of any member share- holder of such cooperative.". SEC. 112. The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act, as amended (12 U.S.C. 1715z-l), reduced in fiscal year 1985 by not more than $7,631,000 in uncommitted balances of authorizations provided for this purpose in appropriation Acts pursuant to the paragraph under the heading "Rental housing assistance" in the Department of Housing and Urban Development-Independent Agencies Appro- priation Act, 1985 (Public Law 98-371, 98 Stat. 1213, 1215), shall not be reduced by more than $4,331,000 in fiscal year 1985: Provided, That $3,300,000 in such uncommitted balances shall be made avail- able in fiscal year 1985 and remain available thereafter until used as needed to replace amounts pooled for interest reduction pay- ments for State-aided, noninsured rental housing projects under such section 236, but used during fiscal year 1982 for amendments to contracts for rental assistance payments. SEC. 113. The head of any department or agency of the Federal Government in carrying out any loan guarantee or insurance pro- gram for the fiscal year 1985 shall enter into commitments to guarantee or insure loans pursuant to such program in the full amount provided by law subject ony to (1) the availability of quali- fied applicants for such guarantee or insurance, and (2) limitations on such amount contained in appropriation Acts. SEC. 113A. Notwithstanding any other provision of this joint resolution, there is appropriated to the Treasury $300,000,000, to be made available to cover the additional interest expenses incurred on borrowings by the Secretary of Housing and Urban Development from the Treasury that are necessary to extend direct loans to local public housing agencies as authorized under section 4(a) of the 42 u s e 1437b. United States Housing Act of 1937, for the purposes of financing public housing projects as authorized under section 5(c) of the 97 Stat. 1176. United States Housing Act of 1937: Provided, That the foregoing 42 u s e 1437c. appropriation shall be available only in connection with additional interest expenses incurred on Treasury borrowings having maturi- ties not in excess of seven months from the date that such borrow-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1967 ings occur: Provided further, That no such Treasury borrowings in connection with the foregoing appropriation shall take place after April 3,1985: Provided further. That the foregoing $300,000,000 shall be available until expended on interest incurred pursuant to the Treasury borrowings: Provided further. That direct loan proceeds shall be made available for new loan commitments and contract executions for public housing development, modernization and Indian housing, and for financing of existing contracts: Provided further. That notwithstanding section 4 of the United States Hous- ing Act of 1937, or any other provision of law, loans made pursuant 42 u s e 1437b. to section 4(a) of the United States Housing Act of 1937 by the Secretary of Housing and Urban Development (and Treasury bor- rowing under section 4(b) of such Act), which are necessary due to the failure to publicly sell tax-exempt public housing agency obliga- tions, shall be at interest rates comparable to the interest rates on such obligations issued by public housing agencies. SEC. 114. None of the funds appropriated or made available by this joint resolution or any other Act may be used by the United States Customs Service to propose or promulgate any rule or regulation relating to the subject matter of the Advanced Notice of Proposed Regulations published in the Federal Register on July 21, 1983 (48 Fed. Reg. 33318): Provided, That nothing shall prevent the expendi- ture of funds to propose any rule or regulation relating to duty-free stores which implements or conforms to statutory standards hereaf- ter enacted by Congress. SEC. 115. Section 404 of the Small Business Investment Act of 1958 (15 U.S.C. 694-1) is amended as follows: (1) by striking out "may be issued" in paragraph (1) of subsec- tion (b) and inserting in lieu thereof "shall be issued"; (2) by inserting before the period at the end of paragraph (1) of subsection (b) the following: ", and the Administration is ex- pressly prohibited from denying such guarantee due to the property being so acquired"; and (3) by striking out "exceed 3 ¥2 per centum" in subsection (c) and inserting in lieu thereof "be less than 1 per centum or more than 3y2 per centum". SEC. 116. Of the funds appropriated to the Department of State in Public Law 97-257, Supplemental Appropriations Act, 1982 (96 Stat. 824), $3,500,000 in "Salaries and expenses" and $3,000,000 in "Acqui- sition, operations and maintenance of buildings abroad" shall remain available until September 30,1985. SEC. 117. Notwithstanding any other provision of this joint resolu- Blair House. tion, the Administrator of the General Services Administration is to provide an additional $3,611,000 from the Federal Buildings Fund for repairs and alterations of the Blair House. SEC. 118. Notwithstanding any other provision of this joint resolu- San Luis, tion, $348,000 is appropriated to the State of Arizona to be available Arizona Border for expenses in connection with the San Luis, Arizona Border Station. Station. SEC. 119. Pursuant to the recommendation of the United States Flood control. Claims Court in G.E. Amick, et al. against United States, (aXD the Stockton Dam Secretary of the Treasury is authori^d and directed to pay, out of and Reservoir, Mo. any money in the Treasury not otherwise appropriated, to each of the individuals named in subsection (b) the amount set forth oppo- site the name of each such individual in full settlement of all claims of each such individual against the United States for damages arising in connection with the flooding of certain lands as the result
98 STAT. 1968 PUBLIC LAW 98-473—OCT. 12, 1984 of the unnecessary release of excess amounts of waters from the Stockton Dam and Reservoir during the period from November 1972 through June 1974, at which time such dam and reservoir were in operation under the control of the United States Army Corps of Engineers. (2) The individuals referred to in subsection (a) and the amounts of money due each such individual are as follows: R. Dean Dawes of Stockton, Missouri $2,700 Harlen Chism of Stockton, Missouri 6,596 »' ''' Ray and Clara Pinkman of Stockton, Missouri 4,211 Perrin Masters of Stockton, Missouri 2,394 Ray M. Pinkman of Stockton, Missouri 3,819 A.W. Spillers of El Dorado Springs, Missouri 3,500 Hester E. Simrell of Stockton, Missouri 2,200 G.E. Amick of El Dorado Springs, Missouri 3,200 T.M. Montgomery of Stockton, Missouri 3,087 T.M. and Berla Montgomery of Stockton, Missouri 190 A.C. and Virginia I. Montgomery of Stockton, Missouri 4,500 Irene Larson of Aurora, Missouri and Virginia Montgomery of Stockton, Missouri 7,796 Ruby Dean Leffler of Stockton, Missouri 4,982 Edward C. and Frances Pyle of Stockton, Missouri 1,545 Gilbert and Pansy Pyle and Ronnie and Kay Pyle of Stockton, Missouri... 4,422 Gilbert and Ronnie Pyle of Stockton, Missouri 11,458 Lageta Cowan of Stockton, Missouri 3,200 Swangel Estate of Stockton, Missouri 12,123 W.H. Eslinger of Stockton, Missouri 5,668 J.C. Eslinger of Stockton, Missouri 5,668 Max A. and Betty Lee Smith of Stockton, Missouri 310 Lat and Zella Lee Smith of Stockton, Missouri 384 Riley Carver of El Dorado Springs, Missouri 6,800 Penalties. (b) No part of each amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, any contract to the contrary notwithstanding. A violation in this section is a misdemeanor punishable by a fine in an amount not to exceed $10,000. Metropolitan SEC. 119A. (a) For purposes of any provision of Federal law, the statistical area. Director of the Office of Management and Budget shall rescind the Illinois. Missouri. designation of the St. Louis primary metropolitan statistical area, the designation of the Alton-Granite City, Illinois, primary metro- politan statistical area, and the designation of the East St. Louis- Belleville, Illinois, primary metropolitan statistical area, and shall not take any action to designate such three primary metropolitan statistical areas as a consolidated metropolitan statistical area. (b) The Director of the Office of Management and Budget shall designate a single metropolitan statistical area which includes the following: (1) The city of St. Louis, Missouri, (2) The counties of St. Louis, Franklin, Jefferson, and St. Charles in Missouri. The counties of Monroe, Madison, Jersey, Clinton, and St. Clair in Illinois. The metropolitan statistical area designation pursuant to this sub- section shall be known as the "St. Louis Metropolitan Statistical Area". 97 Stat. 977. SEC. 120. (a) Section 5723(aKlXC) of title 5, United States Code, is amended by striking out ", by and with the advice and consent of the Senate,".
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1969 (b) Subchapter II of chapter 57 of such title is amended by striking out sections 5724b and 5724c and inserting in lieu thereof the following: "§ 5724b. Taxes on reimbursements for travel, transportation, and 5 use 5724b. relocation expenses of employees transferred "(a) Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency for administrative expenses are available for the reimbursement of substantially all of the Federal, State, and local income taxes in- curred by an employee, or by an employee and such employee's spouse (if filing jointly), for any moving or storage expenses fur- nished in kind, or for which reimbursement or an allowance is provided (but only to the extent of the expenses paid or incurred). Reimbursements under this subsection shall also include an amount equal to all income taxes for which the employee and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in the first sentence of this subsection. "(b) For the purposes of this section, 'moving or storage expenses' means travel and transportation expenses (including storage of household goods and personal effects under section 5724 of this title) 5 u s e 5724. and other relocation expenses under sections 5724a and 5724c of this 5 u s e 5724a. title. "§ 5724c. Relocation services 5 u s e 5724c. "Under such regulations as the President may prescribe, each agency is authorized to enter into contracts to provide relocation services to agencies and employees for the purpose of carrjdng out the provisions of this subchapter. Such services include but need not be limited to arranging for the purchase of a transferred employee's residence.". SEC. 123. The first sentence of section 101(e) of the joint resolution entitled "Making continuing appropriations for the fiscal year 1983, and for other purposes", approved October 2, 1982 (96 Stat. 1189), is amended by inserting "(1) after "except that" and by striking out the period at the end thereof and inserting in lieu thereof the following: ", and (2) the proviso contained in the paragraph under the heading 'Acquisition of Property as an Addition to the Capitol Grounds' in S. 2939 shall not be effective after the date of enactment of this clause.". SEC. 123A. (a) The provisions of the third paragraph under the 2 use 92a note. heading "Clerical assistance to Senators" of the first section of the Legislative Branch Appropriation Act for the fiscal year ending June 30, 1928 (2 U.S.C. 92a) shall not be applicable to any employee of the Senate. (b) The following provisions of law are hereby repealed: (1) the last paragraph under the heading "Clerical assistance to Senators" of the first section of the Legislative Branch Appropriation Act, 1944 (2 U.S.C. 92e), (2) the last paragraph under the heading "Clerical assistance to Senators" of the first section of the Legislative Branch Appropriation Act, 1945 (2 U.S.C. 92e), (3) the next-to-last paragraph under the heading "Clerical assistance to Senators" of the first section of the Legislative Branch Appropriation Act, 1946 (2 U.S.C. 92e), and (4) the next-to-last paragraph under the heading "Clerical assistance to Senators" of the first section of the Legislative Branch Appropriation Act, 1947 (2 U.S.C. 92e).
98 STAT. 1970 PUBLIC LAW 98-473—OCT. 12, 1984 (c) The second proviso of the paragraph of section 101 of the Legislative Branch Appropriation Act, 1974, which appears under the heading "Committee Employees" (2 U.S.C. 68-1) is amended by striking out "the committee Auditor and the committee Assistant Auditor" and inserting in lieu thereof "any employee or employees of such Committee". Aircraft and air SEC. 124. Notwithstanding any other provision of this joint resolu- carriers. tion, the Secretary of the Department of Transportation shall grant an exemption from the January 1, 1985 deadline for compliance 49 use app. 2101 with the provisions of Public Law 96-193, if an applicant for such ^^^- exemption submits to the Secretary prior to January 1, 1985 an application for exemption which complies with the provisions of subsections (b) or (c) of this section. (b) the Secretary shall specify the form and manner in which any application shall be made. Any such application from a person operating aircraft for which equipment to assure compliance with the provisions of Public Law 96-193 ("hush kits") is currently under development shall include a copy of a contract entered into by the applicant and a known supplier of equipment which would bring the applicant into compliance with the provisions of Public Law 96-193. (c) applicants currently operating aircraft obtained prior to Janu- ary 1, 1980 for which no such compliance equipment is currently under development shall accompany their application with a sworn commitment to enter into a contract not later than June 1, 1985 for aircraft which will comply with the provisions of Public Law 96-193. (d) Nothing in this section shall be construed to limit the power of the Secretary to deny any application or revoke any exemption granted under this section if, after examining any contract submit- ted under subsection (b) or (c) of this section, the Secretary deter- mines that the applicant or holder of such exemption will not be able to comply with the requirements of Public Law 96-193 within the timeframe set forth in such exemption. No exemptions shall be issued to any applicant pursuant to this section unless the Secretary determines that the contract required under subsection (b) or (c) of this section is with a bona fide supplier of equipment to assure compliance in the case of subsection (b) of this section, or complying aircraft in the case of subsection (c) of this section; that such equipment or aircraft can reasonably be expected to achieve compli- ance; that such contract provides for non-refundable deposits suffi- cient to assure good faith compliance by such applicant; and that the contract provides for compliance at the earliest possible date. (e) Any exemption granted under this section shall expire not later than December 31, 1985 except that, if the Secretary deter- mines that equipment to ensure compliance with the provisions of Public Law 96-193 which has been certified by the Department for that purpose will not be available to the holder of the exemption by that date, the Secretary may extend such exemption for such period as the Secretary determines is necessary to insure compliance with such provisions. (f) No person receiving an exemption under the provisions of this section may increase either the frequency of operations into the place for which the exemption was granted, or increase the number of non-compliant aircraft operated at the place for which the exemp- tion was granted beyond that existing in the twelve months prior to the date of enactment of this section. (g) No exemption granted pursuant to this section shall (i) permit flights at any airport in the United States, as the term United
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1971 States is defined in 49 U.S.C. 1301, other than Miami International 49 u s e app. Airport, in Miami, Florida, and Bangor International Airport, in 1301. Bangor, Maine, or (ii) permit the operation of flights which serve both Miami International Airport and Bangor International Airport. SEC. 125. Notwithstanding any other provisions of law or this joint resolution, unexpended balances of funds appropriated by the Department of Transportation and Related Agencies Appropriations Act of 1984, for employee protection as authorized by the Rock 97 Stat. 453. Island Railroad Transition and Employee Assistance Act as amended (45 U.S.C. 1001 et seq.), shall continue to remain available for such purpose until not later than April 1, 1985; and, such funds shall be expended in accordance with the amendment made by section 201 of H.R. 3648 as passed by the House of Representatives on March 6,1984. SEC. 125A. Notwithstanding any other provision of this joint Highways. resolution to the contrary, none of the funds in this joint resolution Safety. shall be available for the planning or execution of programs, the total obligations for which are in excess of $126,500,000 in fiscal year 1985 for "State and community highway safety" authorized under 23 U.S.C. 402. Any amount provided in this joint resolution under the heading relating to Highway Traffic Safety Grants for the purposes specified in this subsection which is not identical to the obligation level specified in this subsection shall have no force and effect. SEC. 125B. Notwithstanding any other provision of this joint Motor vehicles. resolution, not to exceed $7,500,000 shall be available in the fiscal year ending September 30, 1985 from the unobligated balances in the appropriations "Highway Safety Research and Development", "Railroad Research and Development", and "Research, Training and Human Resources", for the purposes of carrying out a national program to encourage the use of automobile safety belts and passive restaints as authorized by 23 U.S.C. 403. SEC. 125C. (a) Notwithstanding section 16 of the Federal Airport Flagstaff, Ariz. Act (as in effect on November 25,1947), the Secretary of Transporta- 49 u s e app. 1115 tion is authorized, subject to the provisions of section 4 of the Act of note. October 1, 1949 (50 App. U.S.C. 16222(c)), and the provisions of subsection (b) of this section, to grant release from any of the terms, conditions, reservations, and restrictions contained in a deed of conveyance dated July 30, 1948, under which the United States conveyed certain property to the city of Flagstaff for airport purposes. (b) Any release granted by the Secretary of Transportation under subsection (a) shall be subject to the following conditions: (1) the city of Flagstaff shall agree that in conveying any interest in the property which the United States conveyed pursuant to the deed described in subsection (a), the city of Flagstaff will receive an amount which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary); and (2) any such amount so received shall be used for the develop- ment, improvement, operation, or maintenance of a public airport. SEC. 125D. For necessary expenses to carry out a series of highway Pontiac and East projects in the vicinities of Pontiac and East Lansing, Michigan, Lansing, Mich. which demonstrate methods of enhancing safety and promoting Highways. economic development through construction of grade separations
98 STAT. 1972 PUBLIC LAW 98-473—OCT. 12, 1984 and road widenings on a highway on the Federal-aid primary system and on highways on the Federal-aid urban system; $12,000,000, to remain available until expended. Waiver. SEC. 125F. The Secretary of Transportation shall waive the alter- Bridges. nate design requirements, specified in "Alternate Design for Bridges St. Paul, Minn. Policy Statement" (49-FR93 # 21409), allowing construction of a steel deck tied arch option only (including approach spans), for the Smith Avenue High Bridge, St. Paul, Minnesota. Great Point SEC. 125G. For an additional amount for "Coast Guard Acquisi- Lighthouse, tion, Construction, and Improvements", $2,000,000 to reconstruct in Nantucket Island, Mass. its original form the Great Point Lighthouse on Nantucket Island, Massachusetts, at the site designated by the United States Coast Guard. SEC. 126. Notwithstanding any other provision of this joint resolu- tion, there is an additional amount appropriated for the Agricul- tural Research Service, United States Department of Agriculture, $1,000,000. Acquired SEC. 127. Notwithstanding any other provision of this joint resolu- immune tion, and in addition to amounts appropriated elsewhere, there are deficiency syndrome. appropriated $3,200,000 for fiscal year 1985 for Salaries and Expenses of the Food and Drug Administration to carry out the Ante, p. 1585. Drug Price Competition and Patent Term Restoration Act of 1984; and $8,350,000 for fiscal year 1985 for the Food and Drug Adminis- tration for activities (including construction) related to acquired immune deficiency syndrome, which shall be available only to the extent an official budget request is transmitted to the Congress. SEC. 127A. Notwithstanding any other provision of the law, such sums as may be necessary may be used from the remaining balances of fiscal year 1984 funds for the Commodity Supplemental Food Program for the purpose of settling unresolved administrative fund- ing claims associated with the handling of regular and bonus commodities distributed by the Commodity Supplemental Food Pro- gram operators in fiscal year 1982. SEC. 128. (a) Funds appropriated by this joint resolution or any other appropriation Act to carry out the Food Stamp Act of 1977 (7 U.S.C. 2011-2029) shall, notwithstanding any other provision of law or this Act, be used in a manner to ensure that, under the food stamp program, households certified as eligible to participate in the program are issued an allotment that reflects the full cost of the thrifty food plan, adjusted to reflect changes in the cost of such plan for the twelve months ending June 30, 1984, rounded to the nearest lower dollar increment for each household size. Effective date. (b) The provisions of subsection (a) shall be effective during the period beginning November 1, 1984, and ending September 30,1985. Hospice care. SEC. 134. Notwithstanding section 1814(i) of the Social Security 42 u s e 1395f. Act and section 102 of this joint resolution, in the case of a hospice Ante, p. 1964. which— (1) commenced operations prior to January 1,1975; (2) participated in a hospice demonstration project during fiscal year 1984; and (3) is not certified as a hospice provider under title XVIII of 42 u s e 1395. the Social Security Act prior to September 24,1984, payment under such title for hospice care provided by such hospice on and after October 1, 1984, and prior to October 1, 1986, shall be made on the same basis as payment was made to such hospice under such demonstration project.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1973 SEC. 136. There are hereby appropriated $400,000 to carry out the provisions of S. 2456, as passed by the Senate on September 21,1984. SEC. 137. Notwithstanding any other provision of law or this joint United Nations resolution, none of the funds provided in this joint resolution or any employees. other provision of law shall be available for the United States' proportionate share for any "post adjustment allowance" for United Nations employees of any United Nations, organization imple- mented after July 31, 1984, or for any such "post adjustment allowance" which is calculated by using any methodology not used in calculating such "post adjustment allowance" prior to January 1, 1984. SEC. 139. Notwithstanding any other provision of this joint resolu- Department of tion, the following additional amounts are hereby appropriated for State. the Department of State, Administration of Foreign Affairs, and all to remain available until September 30, 1986; $81,200,000 for "Sala- ries and expenses"; $28,000,000 for "Acquisition, operation, and maintenance of buildings abroad"; and $1,000,000 for "Emergencies in the diplomatic and consular service" to pay rewards for informa- tion concerning terrorist acts: Provided, That these funds shall be available notwithstanding section 15(a) of the State Department Basic Authorities Act of 1956: Provided further, That the Depart- 22 USC 2680. ment shall report to the appropriate committees in Congress on the Report, obligation of funds every thirty days from the date of enactment. SEC. 140. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end thereof the following * new section: SECURITY PERSONNEL AT AGENCY INSTALLATIONS SEC. 15. (a) The Director may authorize Agency personnel within 50 USC 403o. the United States to perform the same functions as special police- men of the General Services Administration perform under the first section of the Act entitled "An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly author- ized by him to appoint special policemen for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other purposes" (40 U.S.C. 318), with the powers set forth in that section, except that such personnel shall perform such functions and exercise such powers only within Agency installations and the rules and regulations enforced by such personnel shall be rules and regulations promulgated by the Director. (b) The Director is authorized to establish penalties for violations Penalties. of the rules or regulations promulgated by the Director under subsection (a) of this section. Such penalties shall not exceed those specified in the fourth section of the Act referred to in subsection (a) of this section (40 U.S.C. 318c). (c) Agency personnel designated by the Director under subsection (a) of this section shall be clearly identifiable as United States Government security personnel while engaged in the performance of the functions to which subsection (a) of this section refers. SEC. 122. (a) Federal employees furloughed as a result of the lapse Furloughed of appropriations from midnight, October 3, 1984, until the enact- employees, ment of this Act, will be compensated at their standard rate of compensation, compensation for the period during which there was a lapse of appropriations. (b) AH obligations incurred in anticipation of the appropriations and authority provided in this joint resolution for the purposes of
98 STAT. 1974 PUBLIC LAW 98-473—OCT. 12, 1984 maintaining the minimum level of essential activities necessary to protect life and property and bringing about orderly termination of other functions are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. District of SEC. 131. (a) Section 466(b) of the District of Columbia Self- Columbia. Government and Governmental Reorganization Act (D.C. Code, sec. 47-246) is amended by striking out "sold before October 1, 1984," and inserting in lieu thereof "sold before October 1,1985,". (b) Section 303(b) of the District of Columbia Self-Government and 87 Stat. 784. Governmental Reorganization Act is amended to read as follows: "(b) An amendment to the charter ratified by the registered electors shall take effect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date pre- scribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in 87 Stat. 816. accordance with the procedures specified in section 604 of this Act, disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 35-day period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law.". 87 Stat. 788. (c)(1) The second sentence of section 412(a) of such Act is amended to read as follows: "Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes.". Resolutions. (2) The last sentence of section 412(a) of such Act is amended to read as follows: "Resolutions shall be used (1) to express simple determinations, decisions, or directions of the Council of a special or temporary character; and (2) to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections, Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the University of the District of Columbia, or the Convention Center Board of Directors to the Council pursuant to an act. Such resolutions must be specifically authorized by that act and must be designed to implement that act.". Congress. (d) The second sentence of section 602(c)(1) of such Act is amended 87 Stat. 813. to read as follows: "Except as provided in paragraph (2), such act shall take effect upon the expiration of the 30-calendar-day period (excluding Saturdays, Sundays, and holidays, and any day on which neither House is in session because of an adjournment sine die, a recess of more than three days, or an adjournment of more than three days) beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate, or upon the date prescribed by such act, whichever is later, unless during such 30-day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 30-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becom- ing law, subsequent to the expiration of such 30-day period, shall be deemed to have repealed such act, as of the date such resolution becomes law.". (e) The third sentence of section 602(cXl) of such Act is amended by deleting "concurrent" and inserting in lieu thereof "joint".
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1975 (f) The first sentence of section 602(c)(2) of such Act is amended to Congress. read as follows: "In the case of any such Act transmitted by the 87 Stat. 813. Chairman with respect to any Act codified in title 22, 23, or 24 of the District of Columbia Code, such act shall take effect at the end of the 60-day period beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate unless, during such 60-day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 60-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 60-day period shall be deemed to have repealed such act, as of the date such resolution becomes law.". (g) The second sentence of section 602(c)(2) is amended to read as follows: "The provisions of section 604, relating to an expedited procedure for consideration of joint resolutions, shall apply to a joint resolution disapproving such Act as specified in this paragraph.". (h) Section 604(b) of such Act is amended by deleting "concurrent" 87 Stat. 816. and inserting in lieu thereof "joint". (i) Subsections (b) and (c) of section 740 of such Act are amended 87 Stat. 830. by deleting in each such subsection the words "adoption of a resolu- tion by either the Senate or the House of Representatives" and inserting in lieu thereof "enactment into law of a joint resolution by the Congress". (j) Section 740(d) of such Act is amended by deleting "approve a concurrent" and inserting in lieu thereof "enact into law a joint". (k) The amendments made by the preceding subsections of this section shall not be applicable with respect to any law, which was passed by the Council of the District of Columbia prior to the date of the enactment of this Act, and such laws are hereby deemed valid, in accordance with the provisions thereof notwithstanding such amendments. Any previous Act of the Council of the District of Columbia which has been disapproved by the Congress pursuant to section 602(c)(1) or section 602(c)(2) is hereby deemed null and void. (1) Part F of title VII of such Act is amended by adding at the end thereof the following new section: SEVERABILITY "SEC. 762. If any particular provision of this Act, or the applica- tion thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.". (m) Section 164(a)(3) of the District of Columbia Retirement Reform Act is amended to read as follows: 93 Stat. 891. "(3)(A) The Congress may reject any filing under this section Congress. within thirty days of such filing by enacting into law a joint resolution stating that the Congress has determined— "(i) that such filing is incomplete for purposes of this part, or "(ii) that there is any material qualification by an accountant or actuary contained in an opinion submitted pursuant to sec- tion 162(a)(3)(A) or section 162(a)(4)(B). 93 Stat. 885. "(B) If the Congress rejects a filing under subparagraph (A) and if Congress. either a revised filing is not submitted within forty-five days after the enactment under subparagraph (A) rejecting the initial filing or such revised filing is rejected by the Congress by enactment into law
98 STAT. 1976 PUBLIC LAW 98-473—OCT. 12, 1984 of a joint resolution within thirty days after submission of the revised filing, then the Congress may, if it deems it is in the best interests of the participants, take any one or more of the following actions: "(i) Retain an independent qualified public accountant on behalf of the participants to perform an audit. "(ii) Retain an enrolled actuary on behalf of the participants to prepare an actuarial statement. The Board and the Mayor shall permit any accountant or actuary so retained to inspect whatever books and records of the Fund and the retirement program are necessary for performing such audit or preparing such statement. "(C) If a revised filing is rejected under subparagraph (B) or if a filing required under this title is not made by the date specified, no funds appropriated for the Fund with respect to which such filing was required as part of the Federal payment may be paid to the Fund until such time as an acceptable filing is made. For purposes of this subparagraph, a filing is unacceptable if, within thirty days of its submission, the Congress enacts into law a joint resolution disapproving such filing.". (n) The provisions of this section shall be effective hereafter without limitation as to fiscal year, notwithstanding any other provision of this joint resolution. Comprehensive TITLE II . Crime Control Act of 1984. This title may be cited £is the "Comprehensive Crime Control Act 18 u s e 1 note. of 1984." SEC. 201. Section 102 of this joint resolution (H.J. Res. 648) shall not apply with respect to the provisions enacted by this title. Bail Reform Act CHAPTER I—BAIL of 1984. 18 u s e 3141 SEC. 202. This chapter may be cited as the "Bail Reform Act of note. 1984". SEC. 203. (a) Sections 3141 through 3151 of title 18, United States Code, are repealed and the following new sections are inserted in lieu thereof: 18 u s e 3141. "§ 3141. Release and detention authority generally "(a) PENDING TRIAL.—A judicial officer who is authorized to order the arrest of a person pursuant to section 3041 of this title shall order that an arrested person who is brought before him be released or detained, pending judicial proceedings, pursuant to the provisions of this chapter. "(b) PENDING SENTENCE OR APPEAL.—A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained pursuant to the provisions of this chapter. 18 u s e 3142. "§ 3142. Release or detention of a defendant pending trial "(a) I N GENERAL.—Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be—
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1977 "(1) released on his personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of subsection (b); "(2) released on a condition or combination of conditions pursuant to the provisions of subsection (c); "(3) temporarily detained to permit revocation of conditional release, deportation, or exclusion pursuant to the provisions of subsection (d); or "(4) detained pursuant to the provisions of subsection (e). "(b) RELEASE ON PERSONAL RECOGNIZANCE OR UNSECURED APPEAR- ANCE BOND.—The judicial officer shall order the pretrial release of the person on his personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of his release, unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. (c) RELEASE ON CONDITIONS.—^If the judicial officer determines that the release described in subsection (b) will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, he shall order the pretrial release of the person— "(1) subject to the condition that the person not commit a Federal, State, or local crime during the period of release; and "(2) subject to the least restrictive further condition, or com- bination of conditions, that he determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person— "(A) remain in the custody of a designated person, who agrees to supervise him and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community; "(B) maintain employment, or, if unemployed, actively seek employment; "(C) maintain or commence an educational program; "(D) abide by specified restrictions on his personal asso- ciations, place of abode, or travel; "(E) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; "(F) report on a regular basis to a designated law enforce- ment agency, pretrial services agency, or other agency; "(G) comply with a specified curfew; "(H) refrain from possessing a firearm, destructive device, or other dangerous weapon; "(I) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner; "(J) undergo available medical or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
98 STAT. 1978 PUBLIC LAW 98-473—OCT. 12, 1984 "(K) execute an agreement to forfeit upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the judicial officer may specify; "(L) execute a bail bond with solvent sureties in such amount as is reasonably necessary to assure the appearance of the person as required; "(M) return to custody for specified hours following release for employment, schooling, or other limited pur- poses; and "(N) satisfy any other condition that is reasonably necessary to assure the appearance of the person as re- quired and to assure the safety of any other person and the community. The judicial officer may not impose a financial condition that results in the pretrial detention of the person. The judicial officer may at any time amend his order to impose additional or different condi- tions of release. "(d) TEMPORARY DETENTION TO PERMIT REVOCATION OF CONDITION- AL RELEASE, DEPORTATION, OR EXCLUSION.—If the judicial officer determines that— "(1) the person— "(A) is, and was at the time the offense was committed, on— "(i) release pending trial for a felony under Federal, State, or local law; "(ii) release pending imposition or execution of sen- tence, appeal of sentence or conviction, or completion of sentence, for any offense under Federal, State, or local law; or "(iii) probation or parole for any offense under Fed- eral, State, or local law; or "(B) is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); and "(2) the person may flee or pose a danger to any other person or the community; he shall order the detention of the person, for a period of not more than ten days, excluding Saturdays, Sundays, and holidays, and direct the attorney for the Government to notify the appropriate court, probation or parole official, or State or local law enforcement official, or the appropriate official of the Immigration and Natural- ization Service. If the official fails or declines to take the person into custody during that period, the person shall be treated in accord- ance with the other provisions of this section, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings. If temporary detention is sought under paragraph (1)(B), the person has the burden of proving to the court that he is a citizen of the United States or is lawfully admitted for permanent residence. "(e) DETENTION.—If, after a hearing pursuant to the provisions of subsection (f), the judicial officer finds that no condition or combina- tion of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1979 community, he shall order the detention of the person prior to trial. In a case described in (fXD, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if the judge finds that— "(1) the person has been convicted of a Federal offense that is described in subsection (f)(1), or of a State or local offense that > would have been an offense described in subsection (f)(1) if a circumstance giving rise to Federal jurisdiction had existed; "(2) the offense described in paragraph (1) was committed while the person was on release pending trial for a Federal, State, or local offense; and *'(3) a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprison- ment, for the offense described in paragraph (1), whichever is later. Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the commu- nity if the judicial officer finds that there is probable cause to believe that the person committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), section 1 of the Act of September 15, 1980 (21 U.S.C. 955a), or an offense under section 924(c) of title 18 of the United States Code. "(f) DETENTION HEARING.—The judicial officer shall hold a hear- ing to determine whether any condition or combination of conditions ( set forth in subsection (c) will reasonably assure the appearance of the person as required and the safety of any other person and the community in a case— "(1) upon motion of the attorney for the Government, that involves— ' "(A) a crime of violence; "(B) an offense for which the maximum sentence is life imprisonment or death; "(C) an offense for which a maximum term of imprison- ment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Sub- stances Import and Export Act (21 U.S.C. 951 et seq.), or section 1 of the Act of September 15, 1980 (21 U.S.C. 955a); or "(D) any felony committed after the person had been convicted of two or more prior offenses described in sub- paragraphs (A) through (C), or two or more State or local offenses that would have been offenses described in sub- paragraphs (A) through (C) if a circumstance giving rise to Federal jurisdiction had existed; or "(2) Upon motion of the attorney for the Government or upon the judicial officer's own motion, that involves— "(A) a serious risk that the person will flee; "(B) a serious risk that the person will obstruct or attempt to obstruct justice, or threaten, injure, or intimi- date, or attempt to threaten, injure, or intimidate, a pro- spective witness or juror. The hearing shall be held immediately upon the person's first appearance before the judicial officer unless that person, or the
98 STAT. 1980 PUBLIC LAW 98-473—OCT. 12, 1984 ; attorney for the Government, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed five days, and a continuance on motion of the attorney for the Govern- ment may not exceed three days. During a continuance, the person shall be detained, and the judicial officer, on motion of the attorney for the Government or on his own motion, may order that, while in custody, a person who appears to be a narcotics addict receive a medical examination to determine whether he is an addict. At the hearing, the person has the right to be represented by counsel, and, if he is financially unable to obtain adequate representation, to have counsel appointed for him. The person shall be afforded an opportu- nity to testify, to present witnesses on his own behalf, to cross- examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissi- bility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding pursuant to subsection (e) that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be suppNorted by clear and convincing evidence. The person may be detained pending completion of the hearing. "(g) FACTORS TO B E CONSIDERED.—The judicial officer shall, in determining whether there are conditions of release that will rea- sonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning— "(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; "(2) the weight of the evidence against the person; "(3) the history and characteristics of the person, including— "(A) his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relat- ' ing to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and "(B) whether, at the time of the current offense or arrest, he was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and "(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release. In considering the conditions of release described in subsection (cX2)(K) or (cX2XL), the judicial officer may upon his own motion, or shall upon the motion of the Government, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably - gissure the appearance of the person as required. "(h) CONTENTS OF RELEASE ORDER.—In a release order issued pursuant to the provisions of subsection (b) or (c), the judicial officer shall— "(1) include a written statement that sets forth all the condi- tions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1981 "(2) advise the person of^ r "(A) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; "(B) the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest; and "(C) the provisions of sections 1503 of this title (relating to intimidation of witnesses, jurors, and officers of the court), 1510 (relating to obstruction of criminal investigations), 1512 (tampering with a witness, victim, or an inform- ant), and 1513 (retaliating against a witness, victim, or an informant), "(i) CONTENTS OF DETENTION ORDER.—In a detention order issued pursuant to the provisions of subsection (e), the judicial officer shall— "(1) include written findings of fact and a written statement of the reasons for the detention; "(2) direct that the person be committed to the custody of the Attorney General for confinement in a corrections facility sepa- rate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; "(3) direct that the person be afforded reasonable opportunity for private consultation with his counsel; and "(4) direct that, on order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which the person is confined deliver the person to a United States marshal for the purpose of an appearance in connection with a court proceeding. The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason. "(j) PRESUMPTION OF INNOCENCE.—Nothing in this section shall be construed as modifying or limiting the presumption of innocence. "§ 3143. Release or detention of a defendant pending sentence or 18 use 3143. appeal "(a) RELEASE OR DETENTION PENDING SENTENCE.—The judicial officer shall order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released pursuant to section 3142 (b) or (c). If the judicial officer makes such a finding, he shall order the relesise of the person in accordance with the provi- sions of section 3142 (b) or (c). "(b) RELEASE OR DETENTION PENDING APPEAL BY THE DEFEND- ANT.—The judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds— "(1) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released pursuant to section 3142 (b) or (c); and
98 STAT. 1982 PUBLIC LAW 98-473—OCT. 12, 1984 "(2) that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial. If the judicial officer makes such findings, he shall order the release of the person in accordance with the provisions of section 3142 (b) or (0. "(c) RELEASE OR DETENTION PENDING APPEAL BY THE GOVERN- MENT.—The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States pursuant to the provisions of section 3731 of this title, in accordance with the provisions of section 3142, unless the defendant is otherwise subject to a release or detention order. 18 use 3144. "§ 3144. Release or detention of a material witness "If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the 18 use app. Federal Rules of Criminal Procedure. 18 use 3145. "§ 3145. Review and appeal of a release or detention order "(a) REVIEW OF A RELEASE ORDER.—If a person is ordered released by a magistrate, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court— "(1) the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revo- cation of the order or amendment of the conditions of release; and "(2) the person may file, with the court having original juris- diction over the offense, a motion for amendment of the condi- tions of release. The motion shall be determined promptly. "(b) REVIEW OF A DETENTION ORDER.—If a person is ordered detained by a magistrate, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly. "(c) APPEAL FROM A RELEASE OR DETENTION ORDER.—An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the 28 use 1291. provisions of section 1291 of title 28 and section 3731 of this title. The appeal shall be determined promptly. 18 use 3146. "§ 3146. Penalty for failure to appear "(a) OFFENSE.—A person commits an offense if, after having been released pursuant to this chapter— "(1) he knowingly fails to appear before a court as required by the conditions of his release; or
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1983 "(2) he knowingly fails to surrender for service of sentence pursuant to a court order. "(b) GRADING.—If the person was released— "(1) in connection with a charge of, or while awaiting sen- tence, surrender for service of sentence, or appeal or certiorari after conviction, for— "(A) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, he shall be fined not more than $25,000 or imprisoned for not more than ten years, or both; "(B) an offense punishable by imprisonment for a term of five or more years, but less than fifteen years, he shall be fined not more than $10,000 or imprisoned for not more than five years, or both; "(C) any other felony, he shall be fined not more than $5,000 or imprisoned for not more than two years, or both; or "(D) a misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both; or "(2) for appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense. "(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances cesised to exist. "(d) DECLARATION OF FORFEITURE.—If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to section 3142(b) or is subject to the release condition set forth in section 3142 (cX2XK) or (c)(2)(L), the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the United States. "§ 3147. Penalty for an offense committed while on release 18 use 3147. "A person convicted of an offense committed while released pursu- ant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to— "(1) a term of imprisonment of not less than two years and not more than ten years if the offense is a felony; or "(2) a term of imprisonment of not less than ninety days and not more than one year if the offense is a misdemeanor. A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. "§ 3148. Sanctions for violation of a release condition 18 USC 3148. "(a) AVAILABLE SANCTIONS.—A person who has been released pursuant to the provisions of section 3142, and who has violated a condition of his releeise, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court. "Ot)) REVOCATION OF RELEASE.—The attorney for the Government may initiate a proceeding for revocation of an order of release by
98 STAT. 1984 PUBLIC LAW 98-473—OCT. 12, 1984 filing a motion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which his arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of his release that he not commit a Federal, State, or local crime during the period of release shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— "(1) finds that there is— "(A) probable cause to believe that the person has com- mitted a Federal, State, or local crime while on release; or "(B) clear and convincing evidence that the person has violated any other condition of his release; and "(2) finds that— "(A) based on the factors set forth in section 3142(g), there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or "(B) the person is unlikely to abide by any condition or combination of conditions of release. If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, he shall treat the person in accordance with the provisions of section 3142 and may amend the conditions of release accordingly. "(c) PROSECUTION FOR CONTEMPT.—The judge may commence a prosecution for contempt, pursuant to the provisions of section 401, if the person has violated a condition of his release- is use 3149. "§ 3149. Surrender of an offender by a surety "A person charged with an offense, who is released upon the execution of an appearance bond with a surety, may be arrested by the surety, and if so arrested, shall be delivered promptly to a United States marshal and brought before a judicial officer. The judicial officer shall determine in accordance with the provisions of section 3148(b) whether to revoke the release of the person, and may absolve the surety of responsibility to pay all or part of the bond in accordance with the provisions of Rule 46 of the Federal Rules of isuSCapp. Criminal Procedure. The person so committed shall be held in official detention until released pursuant to this chapter or another provision of law. 18 use 3150. "§ 3150. Applicability to a case removed from a State court "The provisions of this chapter apply to a criminal case removed to a Federal court from a State court.'. (b) Section 3154 of title 18, United States Code, is amended— (1) in subsection (1), by striking out "and recommend appro- priate release conditions for each such person" and inserting in lieu thereof "and, where appropriate, include a recommenda-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1985 tion as to whether such individual should be released or de- tained and, if release is recommended, recommend appropriate conditions of release"; and (2) in subsection (2), by striking out "section 3146(e) or section 3147" and inserting in lieu thereof "section 3145". (c) Section 3156(a) of title 18, United States Code, is amended— (1) by striking out "3146" and inserting in lieu thereof "3141"; (2) in paragraph (1)— (A) by striking out "bail or otherwise" and inserting in ,t lieu thereof "detain or"; and ^ (B) by deleting "and" at the end thereof; (3) in paragraph (2), by striking out the period at the end and inserting in lieu thereof "; and"; (4) by adding after paragraph (2) the following new paragraphs: "(3) The term 'felony' means an offense punishable by a maximum term of imprisonment of more than one year; and "(4) The term 'crime of violence' means— "(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another; or "(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."; and (5) in subsection (b)(1), by striking out "bail or otherwise" and inserting in lieu thereof "detain or'. (d) The item relating to chapter 207 in the analysis of part II of title 18, United States Code, is amended to read as follows: " "207. Release and detention pending judicial proceedings 3141". (eXD The caption of chapter 207 is amended to read as follows: "CHAPTER 207—RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS". (2) The section analysis for chapter 207 is amended by striking out the items relating to sections 3141 through 3151 and inserting in lieu thereof the following: "3141. Release and detention authority generally. > "3142. Release or detention of a defendant pending trial. : -v "3143. Release or detention of a defendant pending sentence or appeal. "3144. Release or detention of a material witness. "3145. Review and appeal of a release or detention order. "3146. Penalty for failure to appear. nafvf "3147. Penalty for an offense committed while on release. ' *' "3148. Sanctions for violation of a release condition. "3149. Surrender of an offender by a surety. "3150. Applicability to a case removed from a State court.". SEC. 204. Chapter 203 of title 18, United States Code, is amended as follows: (a) The last sentence of section 3041 is amended by striking out "determining to hold the prisoner for trial" and inserting in lieu thereof "determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial". (b) The second paragraph of section 3042 is amended by striking out "imprisoned or admitted to bail" and inserting in lieu thereof
98 STAT. 1986 PUBLIC LAW 98-473—OCT. 12, 1984 "detained or conditionally released pursuant to section 3142 of this title". Repeal. (c) Section 3043 is repealed. 18 use 3043. (d) The following new section is added after section 3061: 18 use 3062. "§ 3062. General arrest authority for violation of release conditions "A law enforcement officer, who is authorized to arrest for an offense committed in his presence, may arrest a person who is Ante, pp. 1976, released pursuant to chapter 207 if the officer has reasonable 1985. grounds to believe that the person is violating, in his presence, a condition imposed on the person pursuant to section 3142 (cX2)(D), (cX2XE), (cX2XH), (cX2XI), or (cX2XM), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(cX2XJ)-". (e) The section analysis is amended— (1) by amending the item relating to section 3043 to read as follows: "3043. Repealed."; and (2) by adding the following new item after the item relating to section 3061: "3062. General arrest authority for violation of release conditions.". SEC. 205. Section 3731 of title 18, United States Code, is amended by adding after the second paragraph the following new paragraph: "An appeal by the United States shall lie to a court of appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or den3dng a motion for revocation of, or modification of the conditions of, a decision or order granting release.". SEC. 206. The second paragraph of section 3772 of title 18, United States Code, is amended by striking out "bail" and inserting in lieu thereof "release pending appeal," SEC. 207. Section 4282 of title 18, United States Code, is amended— (a) by striking out "and not admitted to bail" and substituting "and detained pursuant to chapter 207"; and Qy) by striking out "and unable to make bail". SEC. 208. Section 636 of title 28, United States Code, is amended by striking out "impose conditions of release under section 3146 of title 18" and inserting in lieu thereof "issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial". 18 use app. SEC. 209. The Federal Rules of Criminal Procedure are amended as follows: (a) Rule 5(c) is amended by striking out "shall admit the defendant to bail" and inserting in lieu thereof "shall detain or conditionally release the defendant". (b) The second sentence of rule 15(a) is amended by striking out "committed for failure to give bail to appear to testify at a trial or hearing" and inserting in lieu thereof "detained pursuant to section 3144 of title 18, United States Code". (c) Rule 40(0 is amended to read as follows: "(0 RELEASE OR DETENTION.—If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United Ante, pp. 1976, States Code, in another district where a warrant, information, or 1985.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1987 indictment issued, the Federal magistrate shall take into account the decision previously made and the reasons set forth therefor, if any, but will not be bound by that decision. If the Federal magis- trate amends the release or detention decision or alters the condi- tions of release, he shall set forth the reasons for his action in writing.". (d) Rule 46 is amended— 18 u s e app. (1) in subdivision (a), by striking out "§ 3146, § 3148, or § 3149" and inserting in lieu thereof "§§ 3142 and 3144"; (2) in subdivision (c), by striking out "3148" and inserting in lieu thereof "3143"; (3) by amending subdivision (e)(2) to read as follows: "(2) SETTING ASIDE.—The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeit- ure."; and (4) by adding the following new subdivision at the end thereof: "(h) FORFEITURE OF PROPERTY.— "Nothing in this rule or in chapter 207 of title 18, United States Code, shall prevent the court from disposing of any charge by Ante, pp. 1976, entering an order directing forfeiture of property pursuant to 18 1985. U.S.C. 3142(c)(2)(K) if the value of the property is an amount that would be an appropriate sentence after conviction of the offense charged and if such forfeiture is authorized by statute or regulation.". (e) Rule 54(b)(3) is amended by striking out "under 18 U.S.C. 18 u s e app. § 3043, and". SEC. 210. Rule 9(c) of the Federal Rules of Appellate Procedure is 28 u s e app. amended by striking out "3148" and inserting in lieu thereof "3143", and following the word "community", inserting "and that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or in an order for a new trial". " CHAPTER II—SENTENCING REFORM Sentencing Reform Act of SEC. 211. This chapter may be cited as the "Sentencing Reform 1984. Act of 1984". 18 u s e 3551 SEC. 212. (a) Title 18 of the United States Code is amended by— note. (1) redesignating sections 3577, 3578, 3579, 3580, 3611, 3612, 3615, 3617, 3618, 3619, 3620, and 3656 as sections 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672 of a new chapter 232 of title 18 of the United States Code, Post, p. 2175. respectively; (2) repealing chapters 227, 229, and 231 and substituting the Repeals. following new chapters: 18 u s e 3561 et seq., 3611 et seq., 3651 et seq. "CHAPTER 227—SENTENCES "Subchapter "A. General Provisions 3551 "B. Probation 3561 "C. Fines 3571 "D. Imprisonment 3581
98 STAT. 1988 PUBLIC LAW 98-473—OCT. 12, 1984 "SUBCHAPTER A—GENERAL PROVISIONS "Sec. "3551. Authorized sentences. "3552. Presentence reports. "3553. Imposition of a sentence. "3554. Order of criminal forfeiture. "3555. Order of notice to victims. "3556. Order of restitution. "3557. Review of a sentence. "3558. Implementation of a sentence. "3559. Sentencing classification of offenses. "SUBCHAPTER A—GENERAL PROVISIONS 18 use 3551. "§ 3551. Authorized sentences "(a) IN GENERAL.—Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, other than an Act of Congress applicable exclu- sively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applica- ble in light of all the circumstances of the case. "(b) INDIVIDUALS.—An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— Post, p. 1992. "(1) a term of probation as authorized by subchapter B; Post, p. 1995. "(2) a fine as authorized by subchapter C; or Post, p. 1998. "(3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. "(c) ORGANIZATIONS.—An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— "(1) a term of probation as authorized by subchapter B; or "(2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. 18 use 3552. "§ 3552. Presentence reports "(a) PRESENTENCE INVESTIGATION AND REPORT BY PROBATION OFFI- CER.—A United States probation officer shall make a presentence investigation of a defendant that is required pursuant to the provi- 18 use app. sions of Rule 32(c) of the Federal Rules of Criminal Procedure, and shall, before the imposition of sentence, report the results of the investigation to the court, "(b) PRESENTENCE STUDY AND REPORT BY BUREAU OF PRISONS.—If I the court, before or after its receipt of a report specified in subsec- tion (a) or (c), desires more information than is otherwise available to it as a basis for determining the sentence to be imposed on a defendant found guilty of a misdemeanor or felony, it may order a study of the defendant. The study shall be conducted in the local community by qualified consultants unless the sentencing judge finds that there is a compelling reason for the study to be done by the Bureau of Prisons or there are no adequate professional re- sources available in the local community to perform the study. The period of the study shall take no more than sixty days. The order shall specify the additional information that the court needs before
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1989 determining the sentence to be imposed. Such an order shall be treated for administrative purposes as a provisional sentence of imprisonment for the maximum term authorized by section 3581(b) for the offense committed. The study shall inquire into such matters as are specified by the court and any other matters that the Bureau of Prisons or the professional consultants believe are pertinent to the factors set forth in section 3553(a). The period of the study may, in the discretion of the court, be extended for an additional period of not more than sixty days. By the expiration of the period of the Expiration date, study, or by the expiration of any extension granted by the court, the United States marshal shall return the defendant to the court for final sentencing. The Bureau of Prisons or the professional consultants shall provide the court with a written report of the pertinent results of the study and make to the court whatever recommendations the Bureau or the consultants believe will be helpful to a proper resolution of the case. The report shall include recommendations of the Bureau or the consultants concerning the guidelines and policy statements, promulgated by the Sentencing Commission pursuant to 28 U.S.C. 994(a), that they believe are Post, p. 2019. applicable to the defendant's case. After receiving the report and the recommendations, the court shall proceed finally to sentence the defendant in accordance with the sentencing alternatives and proce- dures available under this chapter. "(c) PRESENTENCE EXAMINATION AND REPORT BY PSYCHIATRIC OR PSYCHOLOGICAL EXAMINERS.—If the court, before or after its receipt of a report specified in subsection (a) or (b) desires more information than is otherwise available to it as a basis for determining the mental condition of the defendant, it may order that the defendant undergo a psychiatric or psychological examination and that the court be provided with a written report of the results of the exami- nation pursuant to the provisions of section 4247. "(d) DISCLOSURE OF PRESENTENCE REPORTS.—The court shall assure that a report filed pursuant to this section is disclosed to the defendant, the counsel for the defendant, and the attorney for the Government at least ten days prior to the date set for sentencing, unless this minimum period is waived by the defendant. "§ 3553. Imposition of a sentence 18 USC 3553. "(a) FACTORS TO B E CONSIDERED IN IMPOSING A SENTENCE.—The court shall impose a sentence sufficient, but not greater than neces- sary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider— "(1) the nature and circumstances of the offense and the history and characteristics of the defendant; "(2) the need for the sentence imposed— "(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; "(B) to afford adequate deterrence to criminal conduct; "(C) to protect the public from further crimes of the defendant; and "(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; "(3) the kinds of sentences available; "(4) the kinds of sentence and the sentencing range estab- lished for the applicable category of offense committed by the
98 STAT. 1990 PUBLIC LAW 98-473—OCT. 12, 1984 applicable category of defendant as set forth in the guidelines that are issued by the Sentencing Commission pursuant to 28 Post, p. 2019. U.S.C. 994(a)(1) and that are in effect on the date the defendant is sentenced; "(5) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date the defendant is sentenced; and "(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. "(b) APPLICATION OF GUIDELINES IN IMPOSING A SENTENCE.—The court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that an aggra- vating or mitigating circumstance exists that was not adequately taken into consideration by the Sentencing Commission in formulat- ing the guidelines and that should result in a sentence different from that described. "(c) STATEMENT OF REASONS FOR IMPOSING A SENTENCE.—The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence— "(1) is of the kind, and within the range, described in subsec- tion (a)(4), the reason for imposing a sentence at a particular point within the range; or "(2) is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for the imposition of a sentence different from that described. If the sentence does not include an order of restitution, the court shall include in the statement the reason therefor. The clerk of the court shall provide a transcription of the court's statement of rea- sons to the Probation System, and, if the sentence includes a term of imprisonment, to the Bureau of Prisons. "(d) PRESENTENCE PROCEDURE FOR AN ORDER OF NOTICE OR RESTI- TUTION.—Prior to imposing an order of notice pursuant to section 3555, or an order of restitution pursuant to section 3556, the court shall give notice to the defendant and the Government that it is considering imposing such an order. Upon motion of the defendant or the Government, or on its own motion, the court shall— "(1) permit the defendant and the Government to submit affidavits and written memoranda addressing matters relevant to the imposition of such an order; "(2) afford counsel an opportunity in open court to address orally the appropriateness of the imposition of such an order; and "(3) include in its statement of reasons pursuant to subsection (c) specific reasons underlying its determinations regarding the nature of such an order. Upon motion of the defendant or the Government, or on its own motion, the court may in its discretion employ any additional procedures that it concludes will not unduly complicate or prolong the sentencing process. 18 use 3554. "§ 3554. Order of criminal forfeiture "The court, in imposing a sentence on a defendant who has been found guilty of an offense described in section 1962 of this title or in title II or III of the Comprehensive Drug Abuse Prevention and 21 use 801, 951. Control Act of 1970 shall order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defend-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1991 ant forfeit property to the United States in accordance with the provisions of section 1963 of this title or section 413 of the Compre- hensive Drug Abuse and Control Act of 1970. Post, p. 2044. "§ 3555. Order of notice to victims 18 USC 3555. "The court, in imposing a sentence on a defendant who has been found guilty of an offense involving fraud or other intentionally deceptive practices, may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defend- ant give reasonable notice and explanation of the conviction, in such form as the court may approve, to the victims of the offense. The notice may be ordered to be given by mail, by advertising in designated areas or through designated media, or by other appropri- ate means. In determining whether to require the defendant to give such notice, the court shall consider the factors set forth in section 3553(a) to the extent that they are applicable and shall consider the cost involved in giving the notice as it relates to the loss caused by the offense, and shall not require the defendant to bear the costs of notice in excess of $20,000. "§ 3556. Order of restitution 18 USC 3556. "The court, in imposing a sentence on a defendant who has been found guilty of an offense under this title, or an offense under section 902 (h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence that is imposed 49 USC app. pursuant to the provisions of section 3551, that the defendant make 1472. restitution to any victim of the offense in accordance with the provisions of sections 3663 and 3664. "§ 3557. Review of a sentence 18 USC 3557. "The review of a sentence imposed pursuant to section 3551 is governed by the provisions of section 3742. Post, p. 2011. "§ 3558. Implementation of a sentence 18 USC 3558. "The implementation of a sentence imposed pursuant to section 3551 is governed by the provisions of chapter 229. Post, p. 2001. "§ 3559. Sentencing classification of offenses 18 USC 3559. "(a) CLASSIFICATION.—An offense that is not specifically classified by a letter grade in the section defining it, is classified— "(1) if the maximum term of imprisonment authorized is— "(A) life imprisonment, or if the maximum penalty is death, as a Class A felony; "(B) twenty years or more, as a Class B felony; "(C) less than twenty years but ten or more years, £is a Class C felony; "(D) less than ten years but five or more years, as a Clsiss D felony; "(E) less than five years but more than one year, as a Class E felony; "(F) one year or less but more than six months, as a Class * A misdemeanor; "(G) six months or less but more than thirty days, as a Class B misdemeanor; "(H) thirty days or less but more than five days, as a Class C misdemeanor; or
98 STAT. 1992 PUBLIC LAW 98-473—OCT. 12, 1984 "(I) five days or less, or if no imprisonment is authorized, as an infraction. "(b) EFFECT OF CLASSIFICATION.—An offense classified under sub- section (a) carries all the incidents assigned to the applicable letter designation except that: "(1) the maximum fine that may be imposed is the fine authorized by the statute describing the offense, or by this chapter, whichever is the greater; and "(2) the maximum term of imprisonment is the term author- ized by the statute describing the offense. "SUBCHAPTER B—PROBATION "Sec. "3561. Sentence of probation. "3562. Imposition of a sentence of probation. "3563. Conditions of probation. "3564. Running of a term of probation. "3565. Revocation of probation. "3566. Implementation of a sentence of probation. ^^ '^> "SUBCHAPTER B—PROBATION 18 use 3561. "§ 3561. Sentence of probation "(a) I N GENERAL.—A defendant who has been found guilty of an offense may be sentenced to a term of probation unless— "(1) the offense is a Class A or Class B felony; "(2) the offense is an offense for which probation has been expressly precluded; or "(3) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense. The liability of a defendant for any unexecuted fine or other punish- ment imposed as to which probation is granted shall be fully dis- charged by the fulfillment of the terms and conditions of probation. "(b) AUTHORIZED TERMS.—The authorized terms of probation are— "(1) for a felony, not less than one nor more than five years; R,' "(2) for a misdemeanor, not more than five years; and "(3) for an infraction, not more than one year. 18 use 3562. "§ 3562. Imposition of a sentence of probation "(a) FACTORS TO B E CONSIDERED IN IMPOSING A TERM OF PROBA- TION.—The court, in determining whether to impose a term of probation, and, if a term of probation is to be imposed, in determin- ing the length of the term and the conditions of probation, shall consider the factors set forth in section 3553(a) to the extent that they are applicable. "(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence of probation can subsequently be— "(1) modified or revoked pursuant to the provisions of section 3564 or 3565; Post, p. 2015. "(2) corrected pursuant to the provisions of rule 35 and section Post, p. 2011. 3742; or "(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. . ,....» ...,„.4
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1993 "§ 3563. Conditions of probation 18 USC 3563. "(a) MANDATORY CONDITIONS.—The court shall provide, as an explicit condition of a sentence of probation— "(1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation; and "(2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2), (b)(3), or (b)(13). If the court has imposed and ordered execution of a fine and placed the defendent on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation. "(b) DISCRETIONARY CONDITIONS.—The court may provide, as fur- ther conditions of a sentence of probation, to the extent that such conditions are reasonably related to the factors set forth in section 3553 (aXD and (a)(2) and to the extent that such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that the defendant— "(1) support his dependents and meet other family responsi- bilities; "(2) pay a fine imposed pursuant to the provisions of subchap- ter C; "(3) make restitution to a victim of the offense pursuant to the provisions of section 3556; "(4) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555; "(5) work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will , equip him for suitable employment; "(6) refrain, in the case of an individual, from engaging in a specified occupation, business, or profession bearing a reason- ably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances; "(7) refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons; "(8) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in sec- tion 102 of the Controlled Substances Act (21 U.S.C. 802), with- out a prescription by a licensed medical practitioner; "(9) refrain from possessing a firearm, destructive device, or other dangerous weapon; "(10) undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, as specified by the court, and remain in a specified institution if required for that purpose; "(11) remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment author- ized for the offense in section 3581(b), during the first year of the term of probation; "(12) reside at, or participate in the program of, a community corrections facility for all or part of the term of probation; "(13) work in community service as directed by the court; 31-194 - 0 - 86 - 27 : QL. 3 Part 2
98 STAT. 1994 PUBLIC LAW 98-473—OCT. 12, 1984 "(14) reside in a specified place or area, or refrain from residing in a specified place or area; "(15) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer; "(16) report to a probation officer as directed by the court or the probation officer; "(17) permit a probation officer to visit him at his home or elsewhere as specified by the court; "(18) answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment; "(19) notify the probation officer promptly if arrested or questioned by a law enforcement officer; or "(20) satisfy such other conditions as the court may impose. "(c) MODIFICATIONS OF CONDITIONS.—The court may, after a hear- ing, modify, reduce, or enlarge the conditions of a sentence of probation at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the conditions of probation. "(d) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the sentence is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required. 18 use 3564. "§ 3564. Running of a term of probation "(a) COMMENCEMENT.—A term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court. "(b) CONCURRENCE WITH OTHER SENTENCES.—Multiple terms of probation, whether imposed at the same time or at different times, run concurrently with each other. A term of probation runs concur- rently with any Federal, State, or local term of probation, or super- vised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation, except that it does not run during any period in which the defendant is impris- oned for a period of at least thirty consecutive days in connection with a conviction for a Federal, State, or local crime. "(c) EARLY TERMINATION.—The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of proba- tion in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. "(d) EXTENSION.—The court may, after a hearing, extend a term of probation, if less than the maximum authorized term was previously imposed, at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation. "(e) SUBJECT TO REVOCATION.—A sentence of probation remains conditional and subject to revocation until its expiration or termination.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1995 "§ 3565. Revocation of probation Post, p. 2039. "(a) CONTINUATION OR REVOCATION.—If the defendant violates a ^^ ^sc 3565. condition of probation at any time prior to the expiration or termi- nation of the term of probation, the court may, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, 18 USC app. and after considering the factors set forth in section 3553(a) to the extent that they are applicable— "(1) continue him on probation, with or without extending the term of modifying or enlarging the conditions; or "(2) revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing. "(b) DELAYED REVOCATION.—The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the adjudica- tion of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. "§ 3566. Implementation of a sentence of probation 18 use 8566. "The implementation of a sentence of probation is governed by the provisions of subchapter A of chapter 229. Post, p. 2001. "SUBCHAPTER C—FINES "Sec. "3571. Sentence of fine. ' "3572. Imposition of a sentence of fine. "3573. Modification or remission of fine. "3574. Implementation of a sentence of fine. "SUBCHAPTER C—FINES "§ 3571. Sentence of fine 18 use 3571. "(a) I N GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine. "(b) AUTHORIZED FINES.—Except as otherwise provided in this chapter, the authorized fines are— "(1) if the defendant is an individual— "(A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $250,000; "(B) for any other misdemeanor, not more than $25,000; and • "(C) for an infraction, not more than $1,000; and "(2) if the defendant is an organization— "(A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $500,000; "(B) for any other misdemeanor, not more than $100,000; and "(C) for an infraction, not more than $10,000. "§ 3572. Imposition of a sentence of fine 18 use 3572. "(a) FACTORS To B E CONSIDERED IN IMPOSING FINE.—The court, in determining whether to impose a fine, and, if a fine is to be imposed, in determining the amount of the fine, the time for payment, and the method of payment, shall consider—
98 STAT. 1996 PUBLIC LAW 98-473—OCT. 12, 1984 "(1) the factors set forth in section 3553(a), to the extent they are applicable, including, with regard to the characteristics of the defendant under section 3553(a), the ability of the defendant to pay the fine in view of the defendant's income, earning , .; capacity, and financial resources and, if the defendant is an organization, the size of the organization; "(2) the nature of the burden that payment of the fine will impose on the defendant, and on any person who is financially dependent upon the defendant, relative to the burden which alternative punishments would impose; "(3) any restitution or reparation made by the defendant to the victim of the offense, and any obligation imposed upon the defendant to make such restitution or reparation to the victim of the offense; "(4) if the defendant is an organization, any measure taken by the organization to discipline its employees or agents responsi- ble for the offense or to insure against a recurrence of such an offense; and "(5) any other pertinent equitable consideration. "(b) LIMIT ON AGGREGATE OF MULTIPLE FINES.—Except as other- wise expressly provided, the aggregate of fines that a court may impose on a defendant at the same time for different offenses that ,.,. . , -. arise from a common scheme or plan, and that do not cause separa- ble or distinguishable kinds of harm or damage, is twice the amount imposable for the most serious offense. "(c) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence to pay a fine can subsequently be— "(1) modified or remitted pursuant to the provisions of section 3573; Post, p. 2015. "(2) corrected pursuant to the provisions of rule 35 and section Post, p. 2011. 3742; or "(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. "(d) TIME AND METHOD OF PAYMENT.—Payment of a fine is due immediately unless the court, at the time of sentencing— "(1) requires payment by a date certain; or "(2) establishes an installment schedule, the specific terms of which shall be fixed by the court. "(e) ALTERNATIVE SENTENCE PRECLUDED.—At the time a defendant is sentenced to pay a fine, the court may not impose an alternative sentence to be served in the event that the fine is not paid. "(f) INDIVIDUAL RESPONSIBIUTY FOR PAYMENT.—If a fine is imposed on an organization, it is the duty of each individual authorized to make disbursement of the assets of the organization to pay the fine from assets of the organization. If a fine is imposed on an agent or shareholder of an organization, the fine shall not be paid, directly or indirectly, out of the assets of the organization, unless the court finds that such payment is expressly permissible under applicable State law. c-' "(g) RESPONSIBILITY TO PROVIDE CURRENT ADDRESS.—At the time of imposition of the fine, the court shall order the person fined to provide the Attorney General with a current mailing address for the entire period that any part of the fine remains unpaid. Failure to provide the Attorney General with a current address or a change in address shall be punishable as a contempt of court.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1997 "(h) STAY OF FINE PENDING APPEALS.—Unless exceptional circum- stances exist, if a sentence to pay a fine is stayed pending appeal, the court granting the stay shall include in such stay— "(1) a requirement that the defendant, pending appeal, to deposit the entire fine amount, or the amount due under an installment schedule, during the pendency of an appeal, in an escrow account in the registry of the district court, or to give bond for the payment thereof; or "(2) an order restraining the defendant from transferring or dissipating assets found to be sufficient, if sold, to meet the defendant s fine obligation. "(i) DELINQUENT FINE.—A fine is delinquent if any portion of such fine is not paid within thirty days of when it is due, including any fines to be paid pursuant to an installment schedule. "(j) DEFAULT.—A fine is in default if any portion of such fine is more than ninety days delinquent. When a criminal fine is in default, the entire amount is due with thirty days of notification of the default, notwithstanding any installment schedule. "§ 3573. Modification or remission of fine 18 use 3573. "(a) PETITION FOR MODIFICATION OR REMISSION.—A defendant who has been sentenced to pay a fine, and who— "(1) can show a good faith effort to comply with the terms of the sentence and concerning whom the circumstances no longer exist that warranted the imposition of the fine in the amount imposed or payment by the installment schedule, may at any time petition the court for— "(A) an extension of the installment schedule, not to exceed two years except in case of incarceration or special '' circumstances; or "(B) a remission of all or part of the unpaid portion including interest and penalties; or "(2) has voluntarily made restitution or reparation to the victim of the offense, may at any time petition the court for a remission of the unpaid portion of the fine in an amount not exceeding the amount of such restitution or reparation. Any petition filed pursuant to this subsection shall be filed in the court in which sentence was originally imposed, unless that court transfers jurisdiction to another court. The petitioner shall notify the Attorney General that the petition has been filed within ten working days after filing. For the purposes of clause (1), unless exceptional circumstances exist, a person may be considered to have made a good faith effort to comply with the terms of the sentence only after payment of a reeisonable portion of the fine. "(b) ORDER OF MODIFICATION OR REMISSION.—If, after the filing of a petition as provided in subsection (a), the court finds that the circumstances warrant relief, the court may enter an appropriate order, in which case it shall provide the Attorney General with a copy of such order. "§ 3574. Implementation of a sentence of fine 18 use 3574. "The implementation of a sentence to pay a fine is governed by the provisions of subchapter B of chapter 229. Post, p. 2004.
98 STAT. 1998 PUBLIC LAW 98-473—OCT. 12, 1984 "SUBCHAPTER D—IMPRISONMENT "Sec. "3581. Sentence of imprisonment. "3582. Imposition of a sentence of imprisonment. "3583. Inclusion of a term of supervised release after imprisonment. "3584. Multiple sentences of imprisonment. "3585. Calculation of a term of imprisonment. "3586. Implementation of a sentence of imprisonment. "SUBCHAPTER D—IMPRISONMENT 18 use 3581. "§ 3581. Sentence of imprisonment "(a) I N GENERAL.—A defendant who has been found guilty of an offense may be sentenced to a term of imprisonment. "(b) AUTHORIZED TERMS.—The authorized terms of imprisonment are— "(1) for a Class A felony, the duration of the defendant's life or any period of time; "(2) for a Class B felony, not more than twenty-five years; "(3) for a Class C felony, not more than twelve years; "(4) for a Class D felony, not more than six years; "(5) for a Class E felony, not more than three years; "(6) for a Class A misdemeanor, not more than one year; "(7) for a Class B misdemeanor, not more than six months; "(8) for a Class C misdemeanor, not more than thirty days; and "(9) for an infraction, not more than five days. 18 use 3582. "§ 3582. Imposition of a sentence of imprisonment "(a) FACTORS TO B E CONSIDERED IN IMPOSING A TERM OF IMPRISON- MENT.—The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any perti- nent policy statements issued by the Sentencing Commission pursu- Post, p. 2019. ant to 28 U.S.C. 994(aX2). "(b) EFFECT OF FINAUTY OF JUDGMENT.—Notwithstanding the fact that a sentence to imprisonment can subsequently be— "(1) modified pursuant to the provisions of subsection (c); Post, p. 2015. "(2) corrected pursuant to the provisions of rule 35 and section Post, p. 2011. 3742; or "(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. "(c) MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT.—The court may not modify a term of imprisonment once it has been imposed except that— "(1) in any case— "(A) the court, upon motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 1999 extent that they are applicable, if it finds that extraordi- nary and compelling reasons warrant such a reduction and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and "(B) the court may modify an imposed term, of imprison- ment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; Post, p. 2015. and "(2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pur- suant to 28 U.S.C. 994(n), upon motion of the defendant or the Post, p. 2019. Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. "(d) INCLUSION OF AN ORDER TO LIMIT CRIMINAL ASSOCIATION OF ORGANIZED CRIME AND DRUG OFFENDERS.—The court, in imposing a sentence to a term of imprisonment upon a defendant convicted of a felony set forth in chapter 95 (racketeering) or 96 (racketeer influ- enced and corrupt organizations) of this title or in the Comprehen- sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon motion by the Director of the Bureau of Prisons or a United States attorney, may include as a part of the sentence an order that requires that the defendant not associate or communicate with a specified person, other than his attorney, upon a showing of probable cause to believe that associa- tion or communication with such person is for the purpose of enabling the defendant to control, manage, direct, finance, or other- wise participate in an illegal enterprise. "§ 3583. Inclusion of a term of supervised release after imprison- 18 USC 3583. ment "(a) IN GENERAL.—The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment. "(b) AUTHORIZED TERMS OF SUPERVISED RELEASE.—The authorized terms of supervised release are— "(1) for a Class A or Class B felony, not more than three years; "(2) for a Class C or Class D felony, not more than two years; and "(3) for a Class E felony, or for a misdemeanor, not more than one year. "(c) FACTORS TO B E CONSIDERED IN INCLUDING A TERM OF SUPER- VISED RELEASE.—The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the condi- tions of supervised release, shall consider the factors set forth in section 3553 (a)(1), (a)(2)(B), (a)(2)(D), (a)(4), (a)(5), and (a)(6). "(d) CONDITIONS OF SUPERVISED RELEASE.—The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision. The court may order, as a further condition of super- vised release, to the extent that such condition— "(1) is reasonably related to the factors set forth in section 3553 (a)(1), (a)(2)(B), and (a)(2)(D);
^8 STAT. 2000 PUBLIC LAW 98-473—OCT. 12, 1984 "(2) involves no greater deprivation of liberty than is reason- ably necessary for the purposes set forth in section 3553 (a)(2)(B) and (a)(2)(D); and "(3) is consistent with any pertinent policy statements issued Post, p. 2019. by the Sentencing Commission pursuant to 28 U.S.C. 994(a); any condition set forth as a discretionary condition of probation in section 3563 (b)(1) through (b)(10) and (b)(12) through (b)(19), and any other condition it considers to be appropriate. If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly author- ized immigration official for such deportation. "(e) MODIFICATION OF TERM OR CONDITIONS.—The court may, after considering the factors set forth in section 3553 (a)(1), (a)(2)(B), (a)(2)(D), (a)(4), (a)(5), and (a)(6)- "(1) terminate a term of supervised release previously ordered and discharge the person released at any time after the expira- tion of one year of supervised release, if it is satisfied that such action is warranted by the conduct of the person released and the interest of justice; "(2) after a hearing, extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions applica- ble to the initial setting of the terms and conditions of post- release supervision; or "(3) treat a violation of a condition of a term of supervised release as contempt of court pursuant to section 401(3) of this title. "(f) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required. 18 use 3584. "§ 3584. Multiple sentences of imprisonment "(a) IMPOSITION OF CONCURRENT OR CONSECUTIVE TERMS.—If multi- ple terms of imprisonment are imposed on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is already subject to an undischarged term of imprisonment, the terms may run concurrently or consecutively, except that the terms may not run consecutively for an attempt and for another offense that was the sole objective of the attempt. Multiple terms of imprison- ment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecu- tively. Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently. "(b) FACTORS TO B E CONSIDERED IN IMPOSING CONCURRENT OR CONSECUTIVE TERMS.—The court, in determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall consider, as to each offense for which a term of imprisonment is being imposed, the factors set forth in section 3553(a). "(c) TREATMENT OF MULTIPLE SENTENCE AS AN AGGREGATE.—Mul- tiple terms of imprisonment ordered to run consecutively or concur-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2001 rently shall be treated for administrative purposes as a single, aggregate term of imprisonment. "§ 3585. Calculation of a term of imprisonment 18 use 3585. "(a) COMMENCEMENT OF SENTENCE.—A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to com- mence service of sentence at, the official detention facility at which the sentence is to be served. "(b) CREDIT FOR PRIOR CUSTODY.—A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence com- mences— "(1) as a result of the offense for which the sentence was imposed; or "(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has not been credited against another sentence. "§ 3586. Implementation of a sentence of imprisonment 18 use 3586. "The implementation of a sentence of imprisonment is governed by the provisions of subchapter C of chapter 229 and, if the sentence Post, p. 2007. includes a term of supervised release, by the provisions of subchap- ter A of chapter 229. "CHAPTER 229—POSTSENTENCE ADMINISTRATION "Subchapter "A. Probation 3601 "B. Fines 3611 "C. Imprisonment 3621 "SUBCHAPTER A—PROBATION "3601. Supervision of probation. "3602. Appointment of probation officers. "3603. Duties of probation officers. "3604. Transportation of a probationer. "3605. Transfer of jurisdiction over a probationer. "3606. Arrest and return of a probationer. "3607. Special probation and expungement procedures for drug possessor. "SUBCHAPTER A—PROBATION "§ 3601. Supervision of probation 18 use 3601. "A person who has been sentenced to probation pursuant to the provisions of subchapter B of chapter 227, or placed on probation Ante, p. 1992. pursuant to the provisions of chapter 403, or placed on supervised 18 USC 5031 et release pursuant to the provisions of section 3583, shall, during the seq. term imposed, be supervised by a probation officer to the degree warranted by the conditions specified by the sentencing court. "§ 3602. Appointment of probation officers 18 use 3602. "(a) APPOINTMENT.—A district court of the United States shall appoint qualified persons to serve, with or without compensation, as probation officers within the jurisdiction and under the direction of the court making the appointment. The court may, for cause, remove a probation officer appointed to serve with compensation,
98 STAT. 2002 PUBLIC LAW 98-473—OCT. 12, 1984 and may, in its discretion, remove a probation officer appointed to serve without compensation. "(b) RECORD OF APPOINTMENT.—The order of appointment shall be entered on the records of the court, a copy of the order shall be delivered to the officer appointed, and a copy shall be sent to the Director of the Administrative Office of the United States Courts. "(c) CHIEF PROBATION OFFICER.—If the court appoints more than one probation officer, one may be designated by the court as chief probation officer and shall direct the work of all probation officers serving in the judicial district. 18 use 3603. "§ 3603. Duties of probation officers . . "A probation officer shall— "(a) instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions specified by the sentencing court, and provide him with a written statement clearly setting forth all such conditions; "(b) keep informed, to the degree required by the conditions specified by the sentencing court, as to the conduct and condi- tion of a probationer or a person on supervised release, who is under his supervision, and report his conduct and condition to the sentencing court; "(c) use all suitable methods, not inconsistent with the condi- tions specified by the court, to aid a probationer or a person on supervised release who is under his supervision, and to bring about improvements in his conduct and condition; "(d) be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial district; "(e) keep a record of his work, and make such reports to the Director of the Administrative Office of the United States Courts as the Director may require; "(f) upon request of the Attorney General or his designee, supervise and furnish information about a person within the custody of the Attorney General while on work release, fur- lough, or other authorized release from his regular place of confinement, or while in prerelease custody pursuant to the provisions of section 3624(c); "(g) keep informed concerning the conduct, condition, and compliance with any condition of probation, including the pay- ment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked; and "(h) perform any other duty that the court may designate. 18 use 3604. "§ 3604. Transportation of a probationer "A court, after imposing a sentence of probation, may direct a United States marshal to furnish the probationer with— ;' ' "(a) transportation to the place to which he is required to proceed as a condition of his probation; and "(b) money, not to exceed such amount as the Attorney General may prescribe, for subsistence expenses while traveling to his destination.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2003 "§ 3605. Transfer of jurisdiction over a probationer 18 use 3605. "A court, after imposing a sentence, may transfer jurisdiction over a probationer or person on supervised release to the district court for any other district to which the person is required to proceed as a condition of his probation or release, or is permitted to, proceed, with the concurrence of such court. A later transfer of jurisdiction may be made in the same manner. A court to which jurisdiction is transferred under this section is authorized to exer- cise all powers over the probationer or releasee that are permitted by this subchapter or subchapter B or D of chapter 227. Ante, pp. 1992, 1998. "§ 3606. Arrest and return of a probationer 18 use 3606. "If there is probable cause to believe that a probationer or a person on supervised release has violated a condition of his proba- tion or release, he may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. A probation officer may make such an arrest wherever the probationer or releasee is found, and may make the arrest without a warrant. The court having supervision of the probationer or relea- see, or, if there is no such court, the court last having supervision of the probationer or releasee, may issue a warrant for the arrest of a probationer or releasee for violation of a condition of release, and a probation officer or United States marshal may execute the warrant in the district in which the warrant was issued or in any district in which the probationer or releasee is found. **§ 3607. Special probation and expungement procedures for drug 18 use 3607. possessors "(a) PRE-JUDGMENT PROBATION.—If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)— "(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to con- trolled substances; and "(2) has not previously been the subject of a disposition under this subsection; the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565. "(b) RECORD OF DISPOSITION.—A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person quali- fies for the disposition provided in subsection (a) or the expunge- ment provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under
98 STAT. 2004 PUBLIC LAW 98-473—OCT. 12, 1984 subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. "(c) EXPUNGEMENT OF RECORD OF DISPOSITION.—If the case against a person found guilty of an offense under section 404 of the Con- trolled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose. "SUBCHAPTER B-FINES "Sec. "3611. Payment of a fine. "3612. Collection of an unpaid fine. "3613. Civil remedies for satisfaction of an unpaid fine. "3614. Resentencing upon failure to pay a fine. "3615. Criminal default. "SUBCHAPTER B—FINES 18 use 3611. "§ 3611. Payment of a fine "A person who has been sentenced to pay a fine pursuant to the Ante, p. 1995. provisions of subchapter C of chapter 227 shall pay the fine immedi- ately, or by the time and method specified by the sentencing court, to the cleric of the court. The clerk shall forward the payment to the United States Treasury. 18 use 3612. "§ 3612. Collection of an unpaid fine "(a) DISPOSITION OF PAYMENT.—The clerk shall forward each fine payment to the United States Treasury and shall notify the Attor- nev General of its receipt within ten working days. (b) CERTIFICATION OF IMPOSITION.—If a fine exceeding $100 is imposed, modified, or remitted, the sentencing court shall incorpo- rate in the order imposing, remitting, or modifying such fine, and promptly certify to the Attorney General— "(1) the name of the person fined; "(2) his current address; "(3) the docket number of the case; "(4) the amount of the fine imposed; "(5) any installment schedule; "(6) the nature of any modification or remission of the fine or installment schedule; and "(7) the amount of the fine that is due and unpaid. "(c) RESPONSIBIUTY FOR COLLECTION.—The Attorney General shall be responsible for collection of an unpaid fine concerning which a certification has been issued as provided in subsection (b). An order
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2005 of restitution, pursuant to section 3556, does not create any right of action against the United States by the person to whom restitution is ordered to be paid. "(d) NOTIFICATION OF DELINQUENCY.—Within ten working days after a fine is determined to be dehnquent as provided in section 3572(i), the Attorney General shall notify the person whose fine is delinquent, by certified mail, to inform him that the fine is delinquent. "(e) NOTIFICATION OF DEFAULT.—Within ten working days after a fine is determined to be in default as provided in section 3572(j), the Attorney General shall notify the person defaulting, by certified mail, to inform him that the fine is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. "(f) INTEREST, MONETARY PENALTIES FOR DEUNQUENCY, AND DE- FAULT.—Upon a determination of willful nonpayment, the court may impose the following interest and monetary penalties: "(1) INTEREST.—Notwithstanding any other provision of law, interest at the rate of 1 per centum per month, or 12 per centum per year, shall be charged, beginning the thirty-first day after sentencing on the first day of each month during which any fine balance remains unpaid, including sums to be paid pursuant to an installment schedule. "(2) MONETARY PENALTIES FOR DEUNQUENT FINES.—Notwith- standing any other provision of law, a penalty sum equal to 10 per centum shall be charged for any portion of a criminal fine which has become delinquent. The Attorney General may waive Waiver, all or part of the penalty for good cause. "§ 3613. Civil remedies for satisfaction of an unpaid Hne 18 use 3613. "(a) LIEN.—A fine imposed pursuant to the provisions of subchap- ter C of chapter 227 is a lien in favor of the United States up|on all Ante, p. 1995. property belonging to the person fined. The lien arises at the time of the entry of the judgment and continues until the liability is satis- fied, remitted, or set aside, or until it becomes unenforceable pursu- ant to the provisions of subsection (b). On application of the person fined, the Attorney General shall— "(1) issue a certificate of release, as described in section 6325 of the Internal Revenue Code, of any lien imposed pursuant to 26 use 6325. this section, upon his acceptance of a bond described in section 6325(aX2) of the Internal Revenue Code; or "(2) issue a certificate of discharge, as described in section 6325 of the Internal Revenue Code, of any part of the person's property subject to a lien imposed pursuant to this section, upon his determination that the fair market value of that part of such property remaining subject to and available to satisfy the lien is at least three times the amount of the fine. "(b) EXPIRATION OF LIEN.—A lien becomes unenforceable and liabilitv to pay a fine expires— (1) twenty years after the entry of the judgment; or "(2) upon the death of the individual fined. The period set forth in paragraph (1) may be extended, prior to its expiration, by a written agreement between the person fined and the Attorney General. The running of the period set forth in para- graph (1) is suspended during any interval for which the running of the period of limitations for collection of a tax would be suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(aXlXI) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f),
98 STAT. 2006 PUBLIC LAW 98-473—OCT. 12, 1984 6503(i), or 7508(a)(lXI)), or section 513 of the Act of October 17, 1940, 50 u s e app. 573. 54 S t a t . 1190. "(c) APPUCATION OF OTHER LIEN PROVISIONS.—The provisions of sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805 of the Internal Revenue Code of 1954 (26 U.S.C. 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805) and of section 513 of the Act of October 17, 1940, 54 Stat. 1190, apply to a fine and to the lien imposed by subsection (a) as if the liability of the person fined were for an internal revenue tax assessment, except to the extent that the application of such statutes is modified by regula- tions issued by the Attorney General to accord with differences in the nature of the liabilities. For the purposes of this subsection, references in the preceding sections of the Internal Revenue Code of 26 use 1 et seq. 1954 to 'the Secretary' shall be construed to mean 'the Attorney General,' and references in those sections to 'tax' shall be construed to mean'fine.' "(d) EFFECT OF NOTICE OF LIEN.—A notice of the lien imposed by subsection (a) shall be considered a notice of lien for taxes payable to the United States for the purposes of any State or local law provid- ing for the filing of a notice of a tax lien. The registration, recording, docketing, or indexing, in accordance with 28 U.S.C. 1962, of the judgment under which a fine is imposed shall be considered for all purposes as the filing prescribed by section 6323(fKlXA) of thie Internal Revenue Code of 1954 (26 U.S.C. 6323(fKlXA)) and by sub- section (c). "(e) ALTERNATIVE ENFORCEMENT.—Notwithstanding any other provision of this section, a judgment imposing a fine may be en- forced by execution against the property of the person fined in like manner as judgments in civil cases, but in no event shall liability for payment of a fine extend beyond the period specified in subsection (b). "(f) DISCHARGE OF DEBTS INAPPUCABLE.—No discharge of debts pursuant to a bankruptcy proceeding shall render a lien under this section unenforceable or discharge liability to pay a fine. 18 use 3614. "§ 3614. Resentencing upon failure to pay a Hne "(a) RESENTENCING.—Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine the court may resentence the defendant to any sentence which might originally have been imposed. "flb) IMPRISONMENT.—The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that— "(1) the defendant willfully refused to pay the delinquent fine or had fsdled to make sufficient bona fide efforts to pay the fine; or "(2) in light of the nature of the offense and the characteris- tics of the person, alternatives to imprisonment are not ade- quate to serve the purposes of punishment and deterrence. 18 use 3615 "§ 3615. Criminal default "Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, impris- oned not more than one year, or both.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2007 "SUBCHAPTER C-IMPRISONMENT "3621. Imprisonment of a convicted person. "3622. Temporary relesise of a prisoner. "3623. Transfer of a prisoner to State authority. "3624. Release of a prisoner. "3625. Inapplicability of the Administrative Procedure Act. "SUBCHAPTER C—IMPRISONMENT "§ 3621. Imprisonment of a convicted person 18 use 3621. "(a) COMMITMENT TO CUSTODY OF BUREAU OF PRISONS.—A person who has been sentenced to a term of imprisonment pursuant to the provisions of subchapter D of chapter 227 shall be committed to the Ante, p. 1998. custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. "(b) PLACE OF IMPRISONMENT.—The Bureau of Prisons shall desig- nate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or other- wise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering— "(1) the resources of the facility contemplated; "(2) the nature and circumstances of the offense; "(3) the history and characteristics of the prisoner; "(4) any statement by the court that imposed the sentence— "(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or "(B) recommending a type of penal or correctional facility as appropriate; and "(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28. Post, p. 2019. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. "(c) DEUVERY OF ORDER OF COMMITMENT.—When a prisoner, pur- suant to a court order, is placed in the custody of a person in charge of a penal or correctional facility, a copy of the order shall be delivered to such person as evidence of this authority to hold the prisoner, and the original order, with the return endorsed thereon, shall be returned to the court that issued it. "(d) DEUVERY OF PRISONER FOR COURT APPEARANCES.—The United States marshal shall, without charge, bring a prisoner into court or return him to a prison facility on order of a court of the United States or on written request of an attorney for the Government. "§ 3622. Temporary release of a prisoner 18 use 3622. "The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was imposed and any pertinent policy statement issued by the Sentencing Commis- sion pursuant to 28 U.S.C. 994(aX2), if such release otherwise ap- Post, p. 2019. pears to be consistent with the public interest and if there is reasonable cause to believe that a prisoner will honor the trust to be
98 STAT. 2008 PUBLIC LAW 98-473—OCT. 12, 1984 imposed in him, by authorizing him, under prescribed conditions, to— "(a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facihty, for the purpose of— "(1) visiting a relative who is dying; "(2) attending a funeral of a relative; "(3) obtaining medical treatment not otherwise available; "(4) contacting a prospective employer; "(5) establishing or reestablishing family or community ties; or "(6) engaging in any other significant activity consistent , with the public interest; "(b) participate in a training or educational program in the community while continuing in official detention at the prison facility; or "(c) work at paid employment in the community while con- tinuing in official detention at the penal or correctional facility if— "(1) the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community; and "(2) the prisoner agrees to pay to the Bureau such costs incident to official detention as the Bureau finds appropri- ate and reasonable under all the circumstances, such costs to be collected by the Bureau and deposited in the Treasury to the credit of the appropriation available for such costs at the time such collections are made. 18 use 3623. "§ 3623. Transfer of a prisoner to State authority "The Director of the Bureau of Prisons shall order that a prisoner who has been charged in an indictment or information with, or convicted of, a State felony, be transferred to an official detention facility within such State prior to his release from a Federal prison facility if— "(1) the transfer has been requested by the Governor or other executive authority of the State; "(2) the State has presented to the Director a certified copy of the indictment, information, or judgment of conviction; and "(3) the Director finds that the transfer would be in the public interest. If more than one request is presented with respect to a prisoner, the Director shall determine which request should receive preference. The expenses of such transfer shall be borne by the State requesting the transfer. 18 use 8624. "§ 3624. Release of a prisoner "(a) DATE OF RELEASE.—A prisoner shall be released by the Bureau of Prisons on the date of the expiration of his term of imprisonment, less any time credited toward the service of his sentence as provided in subsection (b). If the date for a prisoner's release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. "(b) CREDIT TOWARD SERVICE OF SENTENCE FOR SATISFACTORY BE- HAVIOR.—A prisoner who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2009 of his life, shall receive credit toward the service of his sentence, beyond the time served, of fifty-four days at the end of each year of his term of imprisonment, beginning after the first year of the term, unless the Bureau of Prisons determines that, during that year, he has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner. If the Bureau determines that, during that year, the prisoner has not satisfactorily complied with such institu- tional regulations, he shall receive no such credit toward service of his sentence or shall receive such lesser credit as the Bureau determines to be appropriate. The Bureau's determination shall be made within fifteen days after the end of each year of the sentence. Such credit toward service of sentence vests at the time that it is received. Credit that has vested may not later be withdrawn, and credit that has not been earned may not later be granted. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence. "(c) PRE-RELEASE CUSTODY.—The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of impris- onment spends a reasonable part, not to exceed six months, of the last 10 per centum of the term to be served under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re-entry into the community. The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody. "(d) ALLOTMENT OF CLOTHING, FUNDS, AND TRANSPORTATION.— Upon the release of a prisoner on the expiration of his term of imprisonment, the Bureau of Prisons shall furnish him with— "(1) suitable clothing; "(2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and "(3) transportation to the place of his conviction, to his bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director. "(e) SUPERVISION AFTER RELEASE.—A prisoner whose sentence includes a term of supervised release after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation officer who shall, during the term imposed, supervise the person released to the degree warranted by the conditions specified by the sentencing court. The term of supervised release commences on the day the person is released from imprisonment. The term runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is subject or becomes subject during the term of supervised release, ^ except that it does not run during any period in which the person is imprisoned, other than during limited intervals as a condition of probation or supervised release, in connection with a conviction for a Federal, State, or local crime. No prisoner shall be released on supervision unless such prisoner agrees to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense committed by such prisoner.
98 STAT. 2010 PUBLIC LAW 98-473—OCT. 12, 1984 18 use 3625. "§ 3625. Inapplicability of the Administrative Procedure Act "The provisions of sections 554 and 555 and 701 through 706 of title 5, United States Code, do not apply to the making of any determination, decision, or order under this subchapter."; 18 use 3663. (3) in section 3663 (formerly section 3579): (A) by amending subsection (g) to read as follows: "(g) If such defendant is placed on probation or sentenced to a term of supervised release under this title, any restitution ordered under this section shall be a condition of such probation or super- vised release. The court may revoke probation, or modify the term or conditions of a term of supervised release, or hold a defendant in contempt pursuant to section 3583(e) if the defendant fails to comply with such order. In determining whether to revoke probation, modify the term or conditions of supervised release, or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay."; and (B) by amending subsection (h) to read as follows: "(h) An order of restitution may be enforced by the United States in the manner provided in sections 3812 and 3813 or in the same manner as a judgment in a civil action, and by the victim named in the order to receive the restitution in the same manner as a judgment in a civil action."; (4) adding the following new section at the end of chapter 232: 18 use 3673. "§ 3673. Definitions for sentencing provisions Ante, pp. 1987, "As used in chapters 227 and 229— 2001. "(a) 'found guilty' includes acceptance by a court of a plea of guilty or nolo contendere; "Oa) 'commission of an offense' includes the attempted com- mission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense; and "(c) 'law enforcement officer' means a public servant author- ized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense."; and (5) adding the following caption and sectional analysis at the beginning of new chapter 232: "CHAPTER 232—MISCELLANEOUS SENTENCING PROVISIONS "Sec. "3661. Use of information for sentencing. "3662. Conviction records. "3663. Order of restitution. "3664. Procedure for issuing order of restitution. "3665. Firearms possessed by convicted felons. "3666. Bribe moneys. "3667. Liquors and related property; definitions. "3668. Remission or mitigation of forfeitures under liquor laws; possession pending trial. "3669. Conveyance carrying liquor. "3670. Disposition of conveyances seized for violation of the Indian liquor laws. "3671. Vessels carrying explosives and steerage passengers. "3672. Duties of Director of Administrative Office of the United States Courts. "3673. Detlnitions for sentencing provisions.".
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2011 (b) The chapter analysis of part II of title 18, United States Code, is amended by striking out the items relating to chapters 227, 229, and 231, and inserting in lieu thereof the following: "227. Sentences 3551 "229. Post-Sentence Administration 3601 "231. Repealed "232. Miscellaneous Sentencing Provisions 3661". SEC. 213. (a) Chapter 235 of title 18, United States Code, is amended by adding the following new section at the end thereof: "§ 3742. Review of a sentence 18 use 3742. "(a) APPEAL BY A DEFENDANT.—A defendant may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a); or Post, p. 2019. "(3) was imposed for an offense for which a sentencing guide- line has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1), and the sentence is greater than— "(A) the sentence specified in the applicable guideline to the extent that the sentence includes a greater fine or term of imprisonment or term of supervised release than the maximum established in the guideline, or includes a more limiting condition of probation or supervised release under section 3563 (b)(6) or (b)(ll) than the maximum established in the guideline; and "(B) the sentence specified in a plea agreement, if any, under Rule 11 (eXl)(B) or (e)(1)(C) of the Federal Rules of Criminal Procedure; or 18 USC app. "(4) was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursu- ant to 28 U.S.C. 994(a)(1) and is greater than the sentence specified in a plea agreement, if any, under Rule 11 (e)(1)(B) or (e)(1)(C) of the Federal Rules of Criminal Procedure. "(b) APPEAL BY THE GOVERNMENT.—The Government may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a); "(3) was imposed for an offense for which a sentencing guide- line has been issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1), and the sentence is less than— "(A) the sentence specified in the applicable guideline to the extent that the sentence includes a lesser fine or term of imprisonment or term of supervised release than the minimum established in the guideline, or includes a less limiting condition of probation or supervised release under section 3563 (b)(6) or (bXll) than the minimum established in the guideline; and "(B) the sentence specified in a plea agreement, if any, under Rule 11 (eXlXB) or (eXlXO of the Federal Rules of Criminal Procedure; or
98 STAT. 2012 PUBLIC LAW 98-473—OCT. 12, 1984 "(4) was imposed for an offense for which no sentencing guideline has been issued by the Sentencing Commission pursu- Post, p. 2019. ant to 28 U.S.C. 994(a)(1) and is less than the sentence specified in a plea agreement, if any, under Rule 11 (eXl)(B) or (e)(1)(G) of 18 use app. the Federal Rules of Criminal Procedure; and the Attorney General or the Solicitor General personally approves the filing of the notice of appeal. "(c) RECORD ON REVIEW.—If a notice of appeal is filed in the district court pursuant to subsection (a) or (b), the clerk shall certify to the court of appeals— "(1) that portion of the record in the case that is designated as pertinent by either of the parties; "(2) the presentence report; and "(3) the information submitted during the sentencing proceeding. "(d) CONSIDERATION.—Upon review of the record, the court of appeals shall determine whether the sentence— "(1) was imposed in violation of law; "(2) was imposed as a result of an incorrect application of the sentencing guidelines; or "(3) is outside the range of the applicable sentencing guide- line, and is unreasonable, having regard for— "(A) the factors to be considered in imposing a sentence. Ante, p. 1987. as set forth in chapter 227 of this title; and "(B) the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c). The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous. "(e) DECISION AND DISPOSITION.—If the court of appeals determines that the sentence— "(1) was imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, it shall— "(A) remand the case for further sentencing proceedings; or "(B) correct the sentence; "(2) is outside the range of the applicable sentencing guideline and is unreasonable, it shall state specific reasons for its conclu- sions and— "(A) if it determines that the sentence is too high and the appeal has been filed under subsection (a), it shall set aside the sentence and— "(i) remand the case for imposition of a lesser sentence; "(ii) remand the case for further sentencing proceed- ings; or "(iii) impose a lesser sentence; "(B) if it determines that the sentence is too low and the appeal has been filed under subsection (b), it shall set aside the sentence and— "(i) remand the case for imposition of a greater sentence; "(ii) remand the case for further sentencing proceed- ings; or "(iii) impose a greater sentence; or
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2013 "(3) was not imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, and is not unreasonable, it shall affirm the sentence.". (b) The sectional analysis of chapter 235 of title 18, United States Code, is amended by adding the following new item after the item relating to section 3741: "3742. Review of a sentence.". SEC. 214. Chapter 403 of title 18, United States Code is amended as follows: (a) Section 5037 is amended— Children and (1) by redesignating subsection (c) as subsection (d); and youth. (2) by striking out subsections (a) and (b) and inserting the ^^ ^^ ^^^'^• following new subsections in lieu thereof: "(a) If the court finds a juvenile to be a juvenile delinquent, the court shall hold a disposition hearing concerning the appropriate disposition no later than ,twenty court days after the juvenile delin- quency hearing unless the court has ordered further study pursuant to subsection (e). After the disposition hearing, and after considering any pertinent policy statements promulgated by the Sentencing Commission pursuant to 28 U.S.C. 994, the court may suspend the Post, p. 2019. findings of juvenile delinquency, enter an order of restitution pursu- ant to section 3556, place him on probation, or commit him to official detention. With respect to release or detention pending an appeal or a petition for a writ of certiorari after disposition, the court shall proceed pursuant to the provisions of chapter 207. Ante, pp. 1976, "(h) The term for which probation may be ordered for a juvenile l^^^- found to be a juvenile delinquent may not extend— "(1) in the case of a juvenile who is less than eighteen years old, beyond the lesser of— "(A) the date when the juvenile becomes twenty-one years old; or "(B) the maximum term that would be authorized by section 3561(b) if the juvenile had been tried and convicted as an adult; or "(2) in the case of a juvenile who is between eighteen and twenty-one years old, beyond the lesser of— "(A) three years; or "(B) the maximum term that would be authorized by section 3561(b) if the juvenile had been tried and convicted as an adult. The provisions dealing with probation set forth in sections 3563, 3564, and 3565 are applicable to an order placing a juvenile on probation. "(c) The term for which official detention may be ordered for a juvenile found to be a juvenile delinquent may not extend— "(1) in the case of a juvenile who is less than eighteen years old, beyond the lesser of— "(A) the date when the juvenile becomes twenty-one years old; or "(B) the maximum term of imprisonment that would be authorized by section 35810^) if the juvenile had been tried and convicted as an adult; or "(2) in the case of a juvenile who is between eighteen and twenty-one years old— "(A) who if convicted as an adult would be convicted of a Class A, B, or C felony, beyond five years; or
98 STAT. 2014 PUBLIC LAW 98-473—OCT. 12, 1984 "(B) in any other case beyond the lesser of^ "(i) three years; or "(ii) the maximum term of imprisonment that would be authorized by section 3581(b) if the juvenile had been tried and convicted as an adult.". Repeal. (b) Section 5041 is repealed. 18 use 5041. (c) Section 5042 is amended by— 18 use 5042. Q) striking out "parole or" each place it appears in the caption and text; and (2) striking out "parolee or", (d) The sectional analysis is amended by striking out the items relating to sections 5041 and 5042 and inserting in lieu thereof the following: "5041. Repealed. "5042. Revocation of Probation.". 18 use app. SEC. 215. The Federal Rules of Criminal Procedure are amended as follows: (a) Rule 32 is amended— (1) by deleting subdivision (aXD and inserting in lieu thereof the following: "(1) IMPOSITION OF SENTENCE.—Sentence shall be imposed without unnecessary delay, but the court may, upon a motion that is jointly filed by the defendant and by the attorney for the Government and that asserts a factor important to the sentencing determination is not capable of being resolved at that time, postpone the imposition of sentence for a reasonable time until the factor is capable of being resolved. Prior to the sentencing hearing, the court shall provide the counsel for the defendant and the attorney for the Government with notice of the probation officer's determination, pursuant to the provisions of subdivision (cX2XB), of the sentencing classifications and sentencing guideline range believed to be applicable to the case. At the sentencing hearing, the court shall afford the counsel for the defendant and the attorney for the Government an opportunity to comment upon the probation officer's determination and on other matters relating to the appropriate sentence. Before imposing sen- tence, the court shall also— "(A) determine that the defendant and his counsel have had the opportunity to read and discuss the presentence investiga- tion report made available pursuant to subdivision (cX3XA) or summary thereof made available pursuant to subdivision (CX3XB); "(B) afford counsel for the defendant an opportunity to speak on behalf of the defendant; and "(C) address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of the sentence. The attorney for the Government shall have an equivalent opportu- nity to speak to the court. Upon a motion that is jointly filed by the defendant and by the attorney for the Government, the court may hear in camera such a statement by the defendant, counsel for the defendant, or the attorney for the Government."; (2) in subdivision (aX2), by adding ", including any right to appeal the sentence," after "right to appeal" in the first sentence;
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2015 (3) in subdivision (aX2), by adding ", except that the court shall advise the defendant of any right to appeal his sentence" after "nolo contendere" in the second sentence; (4) by amending the first sentence of subdivision (c)(1) to read as follows: "A probation officer shall make a presentence investigation and report to the court before the imposition of sentence unless the court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing authority pursuant to 18 U.S.C. 3553, and the court explains this finding on the record."; (5) by amending subdivision (c)(2) to read as follows: "(2) REPORT.—The report of the presentence investigation shall contain— "(A) information about the history and characteristics of the defendant, including his prior criminal record, if any, his finan- cial condition, and any circumstances affecting his behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant; "(B) the classification of the offense and of the defendant under the categories established by the Sentencing Commission pursuant to section 994(a) of title 28, that the probation officer Post, p. 2019. believes to be applicable to the defendant's case; the kinds of sentence and the sentencing range suggested for such a category of offense committed by such a category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. 994(aXl); and an explanation by the probation officer of any factors that may indicate that a sen- tence of a different kind or of a different length than one within the applicable guideline would be more appropriate under all the circumstances; "(C) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(aX2); "(D) verified information stated in a nonargumentative style containing an assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom the offense has been committed; "(E) unless the court orders otherwise, information concern- ing the nature and extent of nonprison programs and resources available for the defendant; and "(F) such other information as may be required by the court."; (6) in subdivision (cX3XA), by deleting "exclusive of any rec- ommendations as to sentence" and inserting in lieu thereof ", including the information required by subdivision (cX2) but not including any final recommendation as to sentence,"; (7) in subdivision (cX3XD), delete "or the Parole Commission"; (8) in subdivision (c)(3XF), delete "or the Parole Commission pursuant to 18 U.S.C. §§ 4205(c), 4252, 5010(e), or 5037(c)" and substitute "pursuant to 18 U.S.C. § 3552(b)"; and (9) by deleting "imposition of sentence is suspended, or dispo- sition is had under 18 U.S.C. § 4205(c)," in subdivision (d). (b) Rule 35 is amended to read as follows: 18 use app. "Rule 35. Correction of Sentence "(a) CORRECTION OF A SENTENCE ON REMAND.—The court shall correct a sentence that is determined on appeal under 18 U.S.C. 3742 Ante, p. 2011. to have been imposed in violation of law, to have been imposed as a
98 STAT. 2016 PUBLIC LAW 98-473—OCT. 12, 1984 result of an incorrect application of the sentencing guidelines, or to be unreasonable, upon remand of the case to the court— "(1) for imposition of a sentence in accord with the findings of the court of appeals; or "(2) for further sentencing proceedings if, after such pro- ceedings, the court determines that the original sentence was incorrect. "(b) CORRECTION OF SENTENCE FOR CHANGED CIRCUMSTANCES.— The court, on motion of the Government, may within one year after the imposition of a sentence, lower a sentence to reflect a defend- ant's subsequent, substantial assistance in the investigation or pros- ecution of another person who has committed an offense, to the extent that such assistance is a factor in applicable guidelines or policy statements issued by the Sentencing Commission pursuant to Post, p. 2019. 28 U.S.C. 994(a).". l8USCapp. (c) Rule 38 is amended— (1) by amending the caption to read: "Stay of Execution" and deleting "(a) Stay of Execution."; (2) by deleting subdivisions (b) and (c); (3) by redesignating subdivisions (a)(1) through (a)(4) as sub- divisions (a) through (d), respectively; (4) in subdivision (a), by adding "from the conviction or sentence" after "is taken"; (5) in the first sentence of subdivision (b), by adding "from the conviction or sentence" after "is taken"; (6) by amending subdivision (d) to read as follows: "(d) PROBATION.—A sentence of probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay."; and (7) by adding new subdivisions (e) and (f) as follows: "(e) CRIMINAL FORFEITURE, NOTICE TO VICTIMS, AND RESTITU- TION.—A sanction imposed as part of the sentence pursuant to 18 U.S.C. 3554, 3555, or 3556 may, if an appeal of the conviction or sentence is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may issue such orders as may be reasonably necessary to ensure compliance with the sanction upon disposition of the appeal, includ- ing the entering of a restraining order or an injunction or requiring a deposit in whole or in part of the monetary amount involved into the registry of the district court or execution of a performance bond. "(f) DiSABiUTiES.—A civil or employment disability arising under a Federal statute by reason of the defendant's conviction or sen- tence, may, if an appeal is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropri- ate. The court may enter a restraining order or an injunction, or take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal.". 18 use app. (d) Rule 40 is amended by deleting "3653" in subdivision (dXl) and inserting in lieu thereof "3605". 18 use app. (e) Rule 54 is amended by amending the definition of "Petty offense" in subdivision (c) to read as follows: " 'Petty offense' means a class B or C misdemeanor or an infraction.". 18 use app. (f) Rule 6(e)(3)(C) is amended by adding the following subdivision: "(iv) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of state criminal law, to an
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2017 appropriate official of a state or subdivision of a state for the purpose of enforcing such law.", (g) The Table of Rules that precedes Rule 1 is amended as follows: (1) The item relating to Rule 35 is amended to read as follows: "35. Correction of Sentence. "(a) Correction of a sentence on remand. "(b) Correction of a sentence for changed circumstances.". (2) The item relating to Rule 38 is amended to read as follows: "38. Stay of Execution. "(a) Death. "(b) Imprisonment. "(c) Fine. "(d) Probation. "(e) Criminal forfeiture, notice to victims, and restitution. "(f) Disabilities.". SEC. 216. (a) The Rules of Procedure for the Trial of Misdemeanors Before United States Magistrates are amended by adding the follow- ing new rule at the end thereof: "Rule 9. Definition 18 use app. "As used in these rules, 'petty offense' means a Class B or C misdemeanor or an infraction.". (b) The Table of Rules that precedes Rule 1 is amended by adding at the end thereof the following new item: "9. Definition.". SEC. 217. (a) Title 28 of the United States Code is amended by adding the following new chapter after chapter 57: "CHAPTER 58—UNITED STATES SENTENCING COMMISSION "Sec. "991. United States Sentencing Commission; establishment and purposes. "992. Terms of office; compensation. "993. Powers and duties of Chairman. "994. Duties of the Commission. "995. Powers of the Commission. "996. Director and staff. "997. Annual report. "998. Definitions. "§ 991. United States Sentencing Commission; establishment and 28 USC 991. purposes "(a) There is established as an independent commission in the judicial branch of the United States a United States Sentencing Commission which shall consist of seven voting members and one nonvoting member. The President, after consultation with repre- sentatives of judges, prosecuting attorneys, defense attorneys, law enforcement officials, senior citizens, victims of crime, and others interested in the criminal justice process, shall appoint the voting members of the Commission, by and with the advice and consent of the Senate, one of whom shall be appointed, by and with the advice and consent of the Senate, as the Chairman. At least three of the members shall be Federal judges in regular active service selected after considering a list of six judges recommended to the President by the Judicial Conference of the United States. Not more than four
98 STAT. 2018 PUBLIC LAW 98-473—OCT. 12, 1984 of the members of the Commission shall be members of the same political party. The Attorney General, or his designee, shall be an ex officio, nonvoting member of the Commission. The Chairman and members of the Commission shall be subject to removal from the Commission by the President only for neglect of duty or malfeasance in office or for other good cause shown. "(b) The purposes of the United States Sentencing Commission are to— "(1) establish sentencing policies and practices for the Federal criminal justice system that— "(A) assure the meeting of the purposes of sentencing as Ante, p. 1989. set forth in section 3553(a)(2) of title 18, United States Code; "(B) provide certainty and fairness in meeting the pur- poses of sentencing, avoiding unwarranted sentencing dis- parities among defendants with similar records who have been found guilty of similar criminal conduct while main- taining sufficient flexibility to permit individualized sen- tences when warranted by mitigating or aggravating factors not taken into account in the establishment of general sentencing practices; and "(C) reflect, to the extent practicable, advancement in knowledge of human behavior as it relates to the criminal justice process; and "(2) develop means of measuring the degree to which the sentencing, penal, and correctional practices are effective in meeting the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. 28 use 992. "§ 992. Terms of office; compensation "(a) The voting members of the United States Sentencing Commis- sion shall be appointed for six-year terms, except that the initial terms of the first members of the Commission shall be staggered so that— "(1) two members, including the Chairman, serve terms of six years; "(2) three members serve terms of four years; and "(3) two members serve terms of two years. "(b) No voting member may serve more than two full terms. A voting member appointed to fill a vacancy that occurs before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. "(c) The Chairman of the Commission shall hold a full-time position and shall be compensated during the term of office at the annual rate at which judges of the United States courts of appeals are compensated. The voting members of the Commission, other than the Chairman, shall hold full-time positions until the end of the first six years after the sentencing guidelines go into effect pursuant to section 225(a)(l)(B)(ii) of the Sentencing Reform Act of 1983, and shall be compensated at the annual rate at which judges of the United States courts of appeals are compensated. Thereafter, the voting members of the Commission, other than the Chairman, shall hold part-time positions and shall be paid at the daily rate at which judges of the United States courts of appeals are compen- sated. A Federal judge may serve as a member of the Commission without resigning his appointment as a Federal judge.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2019 "§ 993. Powers and duties of Chairman 28 use 993. "The Chairman shall— "(a) call and preside at meetings of the Commission, which shall be held for at least two weeks in each quarter after the members of the Commission hold part-time positions; and "(b) direct— "(1) the preparation of requests for appropriations for the Commission; and "(2) the use of funds made available to the Commission. "§ 994. Duties of the Commission 28 use 994. "(a) The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of this title and title 18, United States Code, shall promulgate and distribute to all courts of the United States and to the United States Probation System— "(1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— "(A) a determination whether to impose a seiitence to probation, a fine, or a term of imprisonment; "(B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; "(C) a determination whether a sentence to a term of imprisonment should include a requirement that the de- fendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; and "(D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concur- rently or consecutively; "(2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence imple- mentation that in the view of the Commission would further the purposes set forth in section 3553(a)(2) of title 18, United States Code, including the appropriate use of— Ante, p. 1989. "(A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; Ante, pp. 1990, "(B) the conditions of probation and supervised release 1^91. set forth in sections 3563(b) and 3583(d) of title 18; Ante, pp. 1993, "(C) the sentence modification provisions set forth in 1999- sections 3563(c), 3573, and 3582(c) of title 18; Ante, pp. 1997, "(D) the authority granted under rule 11(e)(2) of the 1998 Federal Rules of Criminal Procedure to accept or reject a ^° ^ ° ^ ^PP- plea agreement entered into pursuant to rule 11(e)(1); and "(E) the temporary release provisions set forth in section 3622 of title 18, and the prerelease custody provisions set Ante, p. 2007. forth in section 3624(c) of title 18; and Ante, p. 2008. "(3) guidelines or general policy statements regarding the appropriate use of the probation revocation provisions set forth in section 3565 of title 18, and the provisions for modification of Ante, p. 1995. the term or conditions of probation or supervised release set forth in sections 3563(c), 3564(d), and 3583(e) of title 18. Ante, pp. 1993, "(b) The Commission, in the guidelines promulgated pursuant to 1994,1999. subsection (a)(1), shall, for each category of offense involving each
98 STAT. 2020 PUBLIC LAW 98-473—OCT. 12, 1984 category of defendant, establish a sentencing range that is consist- ent with all pertinent provisions of title 18, United States Code. If a sentence specified by the guidelines includes a term of imprison- ment, the maximum of the range established for such a term shall not exceed the minimum of that range by more than 25 per centum. "(c) The Commission, in establishing categories of offenses for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised re- lease, or imprisonment, shall consider whether the following mat- ters, among others, have any relevance to the nature, extent, place of service, or other incidents of an appropriate sentence, and shall take them into account only to the extent that they do have relevance— "(1) the gr^ide of the offense; "(2) the circumstances under which the offense was commit- ted which mitigate or aggravate the seriousness of the offense; "(3) the nature and degree of the harm caused by the offense, including whether it involved property, irreplaceable property, a person, a number of persons, or a breach of public trust; "(4) the community view of the gravity of the offense; "(5) the public concern generated by the offense; "(6) the deterrent effect a particular sentence may have on the commission of the offense by others; and "(7) the current incidence of the offense in the community and in the Nation as a whole. "(d) The Commission in establishing categories of defendants for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised re- lease, or imprisonment, shall consider whether the following mat- ters, among others, with respect to a defendant, have any relevance to the nature, extent, place of service, or other incidents of an appropriate sentence, and shall take them into account only to the extent that they do have relevance— "(Dage; "(2) education; .i "(3) vocational skills; "(4) mental and emotional condition to the extent that such condition mitigates the defendant's culpability or to the extent that such condition is otherwise plainly relevant; "(5) physical condition, including drug dependence; "(6) previous employment record; "(7) family ties and responsibilities; "(8) community ties; "(9) role in the offense; "(10) criminal history; and "(11) degree of dependence upon criminal activity for a liveli- hood. Nondis- The Commission shall assure that the guidelines and policy state- crimination, ments are entirely neutral as to the race, sex, national origin, creed, and socioeconomic status of offenders.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2021 "(e) The Commission shall assure that the guidelines and policy statements, in recommending a term of imprisonment or length of a term of imprisonment, reflect the general inappropriateness of con- sidering the education, vocational skills, employment record, family ties and responsibilities, and community ties of the defendant. "(f) The Commission, in promulgating guidelines pursuant to subsection (a)(1), shall promote the purposes set forth in section 991(b)(1), with particular attention to the requirements of subsection 991(b)(1)(B) for providing certainty and fairness in sentencing and reducing unwarranted sentence disparities. "(g) The Commission, in promulgating guidelines pursuant to subsection (a)(1) to meet the purposes of sentencing as set forth in section 3553(aX2) of title 18, United States Code, shall take into Ante, p. 1987. account the nature and capacity of the penal, correctional, and other facilities and services available, and shall make recommendations concerning any change or expansion in the nature or capacity of such facilities and services that might become necessary as a result of the guidelines promulgated pursuant to the provisions of this chapter. The sentencing guidelines prescribed under this chapter shall be formulated to minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons, as determined by the Commission. "(h) The Commission shall assure that the guidelines will specify a sentence to a term of imprisonment at or near the maximum term authorized by section 3581(b) of title 18, United States Code, for Ante, p. 1998. categories of defendants in which the defendant is eighteen years old or older and— "(1) has been convicted of a felony that is— "(A) a crime of violence; or "(B) an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and section 1 of the Act of September 15,1980 (21 U.S.C. 955a); and "(2) has previously been convicted of two or more prior felo- nies, each of which is— "(A) a crime of violence; or "(B) an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and section 1 of the Act of September 15,1980 (21 U.S.C. 955a). "(i) The Commission shall assure that the guidelines will specify a sentence to a substantial term of imprisonment for categories of defendants in which the defendant— "(1) has a history of two or more prior Federal, State, or local felony convictions for offenses committed on different occasions; "(2) committed the offense as part of a pattern of criminal conduct from which he derived a substantial portion of his income; "(3) committed the offense in furtherance of a conspiracy with three or more persons engaging in a pattern of racketeering activity in which the defendant participated in a managerial or supervisory capacity; (4) committed a crime of violence that constitutes a felony while on release pending trial, sentence, or appeal from a
98 S T A T . 2022 P U B L I C L A W 9 8 - 4 7 3 — O C T . 12, 1984 Federal, State, or local felony for which h e was ultimately convicted; or "(5) committed a felony t h a t is set forth in section 401 or 1010 of t h e Comprehensive D r u g Abuse Prevention a n d Control Act of 1970 (21 U.S.C. 841 a n d 960), a n d t h a t involved trafficking in a substantial q u a n t i t y of a controlled substance, "(j) T h e Commission shall insure t h a t t h e guidelines reflect t h e general appropriateness of imposing a sentence other t h a n impris- o n m e n t i n cases in which t h e defendant is a first offender who h a s not been convicted of a crime of violence or a n otherwise serious offense, a n d t h e general appropriateness of imposing a t e r m of i m p r i s o n m e n t on a person convicted of a crime of violence t h a t results in serious bodily injury, "(k) T h e Commission shall i n s u r e t h a t t h e guidelines reflect t h e inappropriateness of imposing a sentence to a term of imprisonment for t h e purpose of rehabilitating t h e defendant or providing t h e defendant w i t h needed educational or vocational training, medical care, or other correctional t r e a t m e n t . "(1) T h e Commission shall i n s u r e t h a t t h e guidelines promulgated p u r s u a n t to subsection (aXD reflect— "(1) t h e appropriateness of imposing a n incremental penalty for each offense in a case in which a defendant is convicted of— "(A) multiple offenses committed in t h e s a m e course of conduct t h a t result in t h e exercise of ancillary jurisdiction over one or m o r e of t h e offenses; a n d "(B) multiple offenses committed a t different times, in- cluding those cases in which t h e subsequent offense is a violation of section 3146 (penalty for failure to appear) or is committed while t h e person is released p u r s u a n t to t h e provisions of section 3147 (penalty for a n offense committed Ante, pp. 1982, while on release) of title 18; a n d 1983. "(2) t h e general inappropriateness of imposing consecutive terms of i m p r i s o n m e n t for a n offense of conspiring to commit a n offense or soliciting commission of a n offense a n d for a n offense t h a t was t h e sole object of t h e conspiracy or solicitation, "(m) T h e Commission shall i n s u r e t h a t t h e guidelines reflect t h e fact t h a t , in m a n y cases, c u r r e n t sentences do not accurately reflect t h e seriousness of t h e offense. This will require t h a t , a s a s t a r t i n g point in its development of t h e initial sets of guidelines for particu- l a r categories of cases, t h e Commission ascertain t h e average sen- tences imposed in such categories of cases prior to t h e creation of t h e Commission, a n d in cases involving sentences to terms of impris- onment, t h e length of such terms actually served. T h e Commission shall not be bound by such average sentences, a n d shall independ- ently develop a sentencing r a n g e t h a t is consistent with t h e pur- poses of sentencing described in section 3553(aX2) of title 18, United Ante, p. 1989. States Code. "(n) T h e Commission periodically shall review a n d revise, in consideration of comments a n d d a t a coming to its attention, t h e guidelines promulgated p u r s u a n t to t h e provisions of t h i s section. In fulfilling its duties a n d in exercising its powers, t h e Commission shall consult w i t h authorities on, a n d individual a n d institutional representatives of, various aspects of t h e Federal criminal justice Report. system. T h e United States Probation System, t h e B u r e a u of Prisons, t h e Judicial Conference of t h e United States, t h e Criminal Division of t h e U n i t e d States D e p a r t m e n t of Justice, a n d a representative of t h e Federal Public Defenders shall submit to t h e Commission a n y
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2023 observations, comments, or questions pertinent to the work of the Commission whenever they beUeve such communication would be useful, and shall, at least annually, submit to the Commission a written report commenting on the operation of the Commission's guidelines, suggesting changes in the guidelines that appear to be warranted, and otherwise assessing the Commission's work. "(o) The Commission, at or after the beginning of a regular session Report, of Congress but not later than the first day of May, shall report to the Congress any amendments of the guidelines promulgated pursu- ant to subsection (a)(1), and a report of the reasons therefor, and the amended guidelines shall take effect one hundred and eighty days after the Commission reports them, except to the extent the effec- tive date is enlarged or the guidelines are disapproved or modified by Act of Congress. "(p) The Commission and the Bureau of Prisons shall submit to Congress an analysis and recommendations concerning maximum utilization of resources to deal effectively with the Federal prison population. Such report shall be based upon consideration of a Report, variety of alternatives, including— "(1) modernization of existing facilities; "(2) inmate classification and periodic review of such classifi- cation for use in placing inmates in the least restrictive facility necessary to ensure adequate security; and "(3) use of existing Federal facilities, such as those currently within military jurisdiction. * "(q) The Commission, within three years of the date of enactment of the Sentencing Reform Act of 1983, and thereafter whenever it finds it advisable, shall recommend to the Congress that it raise or lower the grades, or otherwise modify the maximum penalties, of those offenses for which such an adjustment appears appropriate. "(r) The Commission shall give due consideration to any petition Petition. filed by a defendant requesting modification of the guidelines uti- lized in the sentencing of such defendant, on the basis of changed circumstances unrelated to the defendant, including changes in— "(1) the community view of the gravity of the offense; "(2) the public concern generated by the offense; and "(3) the deterrent effect particular sentences may have on the commission of the offense by others. Within one hundred and eighty days of the filing of such petition the Commission shall provide written notice to the defendant whether or not it has approved the petition. If the petition is disapproved the written notice shall contain the reasons for such disapproval. The Commission shall submit to the Congress at least annually an analysis of such written notices. "(s) The Commission, in promulgating general policy statements regarding the sentencing modification provisions in section 3582(c)(1)(A) of title 18, shall describe what should be considered Ante, p. 1998. extraordinary and compelling reasons for sentence reduction, in- cluding the criteria to be applied and a list of specific examples. Rehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason. "(t) If the Commission reduces the term of imprisonment recom- mended in the guidelines applicable to a particular offense or category of offenses, it shall specify by what amount the sentences of prisoners serving terms of imprisonment that are outside the appli- cable guideline ranges for the offense may be reduced.
98 STAT. 2024 PUBLIC LAW 98-473—OCT. 12, 1984 "(u) The Commission shall ensure that the general policy state- ments promulgated pursuant to subsection (a)(2) include a policy limiting consecutive terms of imprisonment for an offense involving a violation of a general prohibition and for an offense involving a violation of a specific prohibition encompassed within the general prohibition. Report. "(v) The appropriate judge or officer shall submit to the Commis- sion in connection with each sentence imposed a written report of the sentence, the offense for which it is imposed, the age, race, and sex of the offender, information regarding factors made relevant by the guidelines, and such other information as the Commission finds appropriate. The Commission shall submit to Congress at least annually an analysis of these reports and any recommendations for legislation that the Commission concludes is warranted by that analysis. 5 use 553. "(w) The provisions of section 553 of title 5, relating to publication in the Federal Register and public hearing procedure, shall apply to the promulgation of guidelines pursuant to this section. 28 use 995. "§ 995. Powers of the Commission "(a) The Commission, by vote of a majority of the members present and voting, shall have the power to— "(1) establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this chapter; "(2) appoint and fix the salary and duties of the Staff Director of the Sentencing Commission, who shall serve at the discretion of the Commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates (5 U.S.C. 5332); "(3) deny, revise, or ratify any request for regular, supplemen- tal, or deficiency appropriations prior to any submission of such request to the Office of Management and Budget by the Chairman; "(4) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code; "(5) utilize, with their consent, the services, equipment, per- sonnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; "(6) without regard to 31 U.S.C. 3324, enter into and perform such contracts, leases, cooperative agreements, and other trans- actions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or non- profit organization; "(7) accept and employ, in canying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of 31 U.S.C. 1342, however, individuals providing such services shall not be considered Federal employees except 5 use 8101 et for purposes of chapter 81 of title 5, United States Code, with seq. respect to job-incurred disability and title 28, United States Code, with respect to tort claims; "(8) request such information, data, and reports from any Federal agency or judicial officer as the Commission may from
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2025 time to time require and as may be produced consistent with other law; "(9) monitor the performance of probation officers with regard to sentencing recommendations, including application of the Sentencing Commission guidelines and policy statements; "(10) issue instructions to probation officers concerning the application of Commission guidelines and policy statements; (11) arrange with the head of any other Federal agency for the performance by such agency of any function of the Commis- sion, with or without reimbursement; "(12) establish a research and development program within the Commission for the purpose of^ "(A) serving as a clearinghouse and information center for the collection, preparation, and dissemination of infor- mation on Federal sentencing practices; and "(B) assisting and serving in a consulting capacity to Federal courts, departments, and agencies in the develop- ment, maintenance, and coordination of sound sentencing practices; "(13) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the sentencing process; "(14) publish data concerning the sentencing process; "(15) collect systematically and disseminate information con- cerning sentences actually imposed, and the relationship of such sentences to the factors set forth in section 3553(a) of title 18, United States Code; Ante, p. 1989. "(16) collect systematically and disseminate information re- garding effectiveness of sentences imposed; "(17) devise and conduct, in various geographical locations, seminars and workshops providing continuing studies for per- sons engaged in the sentencing field; "(18) devise and conduct periodic training programs of in- struction in sentencing techniques for judicial and probation personnel and other persons connected with the sentencing process; ; "(19) study the feasibility of developing guidelines for the disposition of juvenile delinquents; (20) make recommendations to Congress concerning modifi- cation or enactment of statutes relating to sentencing, penal, and correctional matters that the Commission finds to be neces- sary and advisable to carry out an effective, humane and rational sentencing policy; "(21) hold hearings and call witnesses that might assist the Commission in the exercise of its powers or duties; and "(22) perform such other functions as are required to permit Federal courts to meet their responsibilities under section 3553(a) of title 18, United States Code, and to permit others involved in the Federal criminal justice system to meet their related responsibilities. "(b) The Commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this chapter, and may delegate to any member or designated person such powers as may be appropriate other than the power to establish general policy statements and guidelines pursu- ant to section 994(a) (1) and (2), the issuance of general policies and promulgation of rules and regulations pursuant to subsection (a)(1) 31 194 - 0 - 86 - 28 : QL. 3 P a r t 2
98 STAT. 2026 PUBLIC LAW 98-473—OCT. 12, 1984 of this section, and the decisions as to the factors to be considered in establishment of categories of offenses and offenders pursuant to section 994(b). The Commission shall, with respect to its activities under subsections (aX9), (aXlO), (aXU), (aX12), (aX13), (aX14), (aX15), (aX16), (aX17), and (aX18), to the extent practicable, utilize existing resources of the Administrative Office of the United States Courts and the Federal Judicial Center for the purpose of avoiding unneces- sary duplication. "(c) Upon the request of the Commission, each Federal agency is authorized and directed to make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the Commission in the execution of its functions. "(d) A simple majority of the membership then serving shall constitute a quorum for the conduct of business. Other than for the promulgation of guidelines and policy statements pursuant to sec- tion 994, the Commission may exercise its powers and fulfill its duties by the vote of a simple majority of the members present. "(e) Except as otherwise provided by law, the Commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by it. 28 use 996 «§ 996. Director and staff "(a) The Staff Director shall supervise the activities of persons employed by the Commission and perform other duties assigned to him by the Commission. "(b) The Staff Director shall, subject to the approval of the Com- mission, appoint such officers and employees as are necessary in the execution of the functions of the Commission. The officers and employees of the Commission shall be exempt from the provisions of 5 use 2101. part III of title 5, United States Code, except the following chapters: 5 use 8101 et 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unem- fboi e^^eo ^ 87oi plo3^™ent Compensation), 87 (Life Insurance), 89 (Health Insurance), et seq., 8901 et and 91 (Conflicts of Interest). seq. 28 use 997. "§ 997. Annual report "The Commission shall report annually to the Judicial Conference of the United States, the Congress, and the President of the United States on the activities of the Commission. 28 use 998. "§ 998. Definitions "As used in this chapter— "(a) 'Commission' means the United States Sentencing Com- mission; "(b) 'Commissioner' means a member of the United States Sentencing Commission; "(c) 'guidelines' means the guidelines promulgated by the Commission pursuant to section 994(a) of this title; and "(d) 'rules and regulations' means rules and regulations pro- mulgated by the Commission pursuant to section 995 of this title.", (b) The chapter analysis of part III of title 28, United States Code, is amended by adding after the item relating to chapter 57 the following new item: "58. United States Sentencing Commission 991". ^ tx-Ji
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2027 REPEALERS SEC. 218. (a) The following provisions of title 18, United States Code, are repealed: (1) section 1; (2) section 3012; (3) sections 4082(a), 4082(b), 4082(c), 4082(e), 4084, and 4085; (4) chapter 309; 18 use 4161 et (5) chapter 311; seq. (6) chapter 314^ 18 use 4201 e* (7) sections 4281, 4283, and 4284; and ilVsc 4251 et (8) chapter 402. seq. Redesignate subsections in section 4082 accordingly. 18 use 5005 et (b) The item relating to section 1 in the sectional analysis of *^9 chapter 1 of title 18, United States Code, is amended to read: "1. Repealed.". (c) The item relating to section 3012 in the sectional analysis of chapter 201 of title 18, United States Code, is amended to read: "3012. Repealed.". (d) The chapter analysis of Part HI of title 18, United States Code, is amended by amending the items relating to— (1) chapters 309 and 311 to read as follows: "309. Repealed "311. Repealed "; and (2) chapter 314 to read as follows: "314. Repealed ". (e) The items relating to sections 4084 and 4085 in the sectional analysis of chapter 305 of title 18, United States Code, are amended to read as follows: "4084. Repealed. "4085. Repealed.". (f) The sectional analysis of chapter 315 of title 18, United States Code, is amended by amending the items relating to— (1) section 4281 to read: "4281. Repealed."; and (2) sections 4283 and 4284 to read as follows: ,H>:ii "4283. Repealed. "4284. Repealed.". (g) The item relating to chapter 402 in the chapter analysis of Part IV of title 18, United States Code, is amended to read as follows: "402. Repealed ". SEC. 219. (a) Sections 404(b) and 409 of the Controlled Substances Act (21 U.S.C. 8440)) and 849) are repealed. r. (b) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by deleting the designation "(a)" at the beginning of the subsection. TECHNICAL AND CONFORMING AMENDMENTS SEC. 220. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended as follows:
98 STAT. 2028 PUBLIC LAW 98-473—OCT. 12, 1984 Aliens. (a) The second sentence of section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended to read: "An alien who would be excludable because of the conviction of an offense for which the sentence actually imposed did not exceed a term of imprisonment in excess of six months, or who would be excludable as one who admits the commission of an offense for which a sentence not to exceed one year's imprisonment might have been imposed on him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense.". (b) Section 242(h) (8 U.S.C. 1252(h)) is amended by adding "super- vised release," after "parole,". SEC. 221. Section 4 of the Act of September 28, 1962 (16 U.S.C. 460k-3) is amended by deleting "petty offense (18 U.S.C. 1)" and substituting "misdemeanor". SEC. 222. Section 9 of the Act of October 8,1964 (16 U.S.C. 460n-8) is amended— (a) in the first paragraph, by deleting "commissioner" each place it appears and substituting "magistrate"; and (b) in the second paragraph, by amending the first sentence to read: "The functions of the magistrate shall include the trial and sentencing of persons charged with the commission of misdemeanors and infractions as defined in section 3581 of title 18, United States Code.". SEC. 223. Title 18 of the United States Code is amended as follows: (a) Section 924(a) is amended by deleting ", and shall become eligible for parole as the Board of Parole shall determine". (b) Section 1161 is amended by deleting "3618" and substituting "3669". (c) Section 1761(a) is amended by adding ", supervised release," after "parole". (d) Section 2114 is amended by adding "not more than" after "imprisoned". (e) Section 3006A is amended— (1) in subsections (aXD and (b), by deleting "misdemeanor (other than a petty offense as defined in section 1 of this title)" each place it appears and substituting "Class A misdemeanor"; and (2) in subsections (aX3) and (g), deleting "subject to revocation of parole," each place it appears. Ante, p. 1981. (f) Section 3143, as amended by this Act, is amended— (1) in subsection (a), by adding "other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment," after "sen- tence,"; and (2) in subsection (c), by adding the following at the end thereof: "The judge shall treat a defendsmt in a case in which an appeal has been taken by the United States pursuant to the Ante, p. 2011. provisions of section 3742 in accordance with the provisions of— "(1) subsection (a) if the person has been sentenced to a term of imprisonment; or Ante, p. 1976. "(2) section 3142 if the person has not been sentenced to a term of imprisonment.". Ante, p. 1983. (g) Section 3147, as amended by this Act, is amended— (1) in paragraph (1), by deleting "not less than two years and"; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2029 (2) in paragraph (2), by deleting "not less than ninety days s and", (h) Section 3156(b)(2) is amended by deleting "petty offense as 18 use 3156. defined in section 1(3) of this title" and substituting "Class B or C misdemeanor or an infraction". (i) Section 3172(2) is amended by deleting "petty offense as defined 18 use 3172. in section 1(3) of this title" and substituting "Class B or C misde- meanor or an infraction", (j) Section 3401 is amended— 18 use 340i. (1) by repealing subsection (g) and redesignating (h) to (g); and (2) in subsection (h), by deleting "petty offense case" and substituting "Class B or C misdemeanor case, or infraction case,". (k) Section 3670 (formerly section 3619) is amended by deleting Ante, p. 1987. "3617" and "3618" and substituting "3668" and "3669", respectively. (1) Section 4004 is amended by deleting "record clerks, and parole 18 use 4004. officers" and substituting "and record clerks". (m) Chapter 306 is amended as follows: (1) Section 4101 is amended— 18 use 4ioi. (A) in subsection (f), by adding ", including a term of supervised release pursuant to section 3583" after "supervi- sion"; and (B) in subsection (g), by deleting "to a penalty of imprison- ment the execution of which is suspended and" and substi- tuting "under which", and by deleting "the suspended" and substituting "a". (2) Section 4105(c) is amended— 18 use 4105. (A) in paragraph (1), by deleting "for good time" the second place it appears and substituting "toward service of sentence for satisfactory behavior''; (B) in paragraphs (1) and (2), by deleting "section 4161" ' and substituting "section 3624(b)"; (C) in paragraph (1), by deleting "section 4164" and sub- ^X< stituting "section 3624(a) ; (D) by repealing paragraph (3); (E) by amending paragraph (4) to read as follows: "(3) Credit toward service of sentence may be withheld as provided in section 3624(b) of this title."; and (F) by redesignating paragraphs accordingly. (3) Section 4106 is amended— 18 use 4106. (A) in subsection (a), by deleting "Parole Commission" and substituting "Probation System"; (B) by amending subsection (b) to read as follows: "Ob) An offender transferred to the United States to serve a sentence of imprisonment shall be released pursuant to section 3624(a) of this title after serving the period of time specified in the Ante, p. 2008. applicable sentencing guideline promulgated pursuant to 28 U.S.C. 994(a)(1). He shall be released to serve a term of supervised release Ante, p. 2019. for any term specified in the applicable guideline. The provisions of section 3742 of this title apply to a sentence to a term of imprison- Ante, p. 2011. ment under this subsection, and the United States court of appeals for the district in which the offender is imprisoned after transfer to the United States has jurisdiction to review the period of imprison- ment as though it had been imposed by the United States district court."; and (C) by repealing subsection (c).
98 STAT. 2030 PUBLIC LAW 98-473—OCT. 12, 1984 18 use 4108. (4) Section 4108(a) is amended by adding ", including any term of imprisonment or term of supervised release specified in the applicable sentencing guideline promulgated pursuant to 28 Ante, p. 2019. U.S.C. 994(a)(1)," after "consequences thereof. (n) Section 4321 is amended by deleting "parole or", (o) Section 4351(b) is amended by deleting "Parole Board" and substituting "Sentencing Commission". (p) Section 5002 is amended by deleting "Board of Parole, the Chairman of the Youth Division," and substituting "United States Sentencing Commission,". SEC. 224. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended as follows: (a) Section 401 (21 U.S.C. 841) is amended— (1) in subsection 0))(1XA), by deleting the last sentence; (2) in subsection (b)(lXB), by deleting the last sentence; (3) in subsection (b)(2), by deleting the last sentence; (4) in subsection 0))(4), by deleting "subsections (a) and (b) of, and by adding "and section 3607 of title 18, United States Code" after "404"; (5) in subsection (b)(5), by deleting the last sentence; and (6) by repealing subsection (c). (b) Section 405 (21 U.S.C. 845) is amended— (1) in subsection (a), by deleting "(1)" the second place, it appears, and by deleting ", and (2) at least twice any special parole term authorized by section 401(b), for a first offense involving the same controlled substance and schedule"; and (2) in subsection (b), by deleting "(1)" the second place it appears, and by deleting ", and (2) at least three times any special parole term authorized by section 401(b), for a second or subsequent offense involving the same controlled substance and (c) Section 408(c) (21 U.S.C. 848(c)) is amended by deleting "and section 4202 of title 18 of the United States Code". SEC. 225. The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended as follows: Post, p. 2070. (a) Section 1010 (21 U.S.C. 960) is amended— (1) in subsection (bXD, by deleting the last sentence; (2) in subsection (bX2), by deleting the last sentence; and (3) by repealing subsection (c). (b) Section 1012(a) (21 U.S.C. 962(a)) is amended by deleting the Igist sentence. SEC. 226. Section 1140?) of title 23, United States Code, is amended by adding ", supervised release," after "parole". SEC. 227. Section 5871 of the Internal Revenue Code of 1954 (26 U.S.C. 5871) is amended by deleting ", and shall become eligible for parole as the Board of Parole shall determine". SEC. 228. Title 28 of the United States Code is amended as follows: (a) Section 509 is amended— (1) by adding "and" after paragraph (2) and, in paragraph (3), by deleting "; and" and substituting a period; and (2) by repealing paragraph (4). (b) Section 591(a) is amended by deleting "petty offense" and substituting "Class B or C misdemeanor or an infraction". (c) Section 2901 is amended— (1) in subsection (e), by deleting "section 1" and substituting "section 3581"; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2031 (2) in subsection (g)(3), by adding ", supervised release," after * "parole", and by adding "supervised release," after "parole,". SEC. 229. Section 504(a) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 504(a)) and section 411(a) of the Post, p. 2131. Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111(a)) are amended— (a) by deleting "the Board of Parole of the United States Department of Justice" and substituting "if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local offense, on motion of the United States Department of Justice, the district court of the United States for the district in which the offense was committed, pursuant to sentencing guide- lines and policy statements issued pursuant to 28 U.S.C. 994(a),"; Ante, p. 2019. (b) by deleting "Board" and "Board's" and substituting "court" and "court's", respectively; and (c) by deleting "an administrative" and substituting "a". SEC. 230. Section 411(c)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. llll(cX3)) is amended by adding "or supervised release" after "parole". SEC. 231. Section 4250)) of the Job Training and Partnership Act is 29 use 1695. amended by deleting "or parole" the first place it appears and substituting ", parole, or supervised release". SEC. 232. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended as follows: (a) Section 341(a) (42 U.S.C. 257(a)) is amended by deleting "or convicted of offenses against the United States and sentenced to • ,; treatment" and "addicts who are committed to the custody of the Attorney General pursuant to provisions of the Federal Youth Corrections Act (chapter 402 of title 18 of the United States Code),". (b) Section 343(d) (42 U.S.C. 259(d)) is amended by adding "or supervised release" after "parole". SEC. 232A. Section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472) is amended by inserting "notwithstanding the provi- 49 USC app. sions of 18 U.S.C. 3559(b)," before the term " i f in paragraphs 1472. (i)(l)(B) and (nXlXB). SEC. 233. Section 11507 of title 49, United States Code, is amended by adding ", supervised release," after "parole". SEC. 234. Section 10(bX7) of the Military Selective Service Act (50 U.S.C. App. 46003X7)) is amended by deleting "parole" and substitut- ing "release". EFFECTIVE DATE SEC. 235. (aXD This chapter shall take effect on the first day of the 18 use 3551 first calendar month beginning twenty-four months after the date of "ot^. enactment, except that— (A) the repeal of chapter 402 of title 18, United States Code, i8 use 5005 et shall take effect on the date of enactment; seq. (BXi) chapter 58 of title 28, United States Code, shall take ^^f^^'f^yj effect on the date of enactment of this Act or October 1, 1983, " ^' P whichever occurs later, and the United States Sentencing Com- mission shall submit the initial sentencing guidelines promul- gated to section 994(aXl) of title 28 to the Congress within Ante, p. 2019. eighteen months of the effective date of the chapter; and (ii) the sentencing guidelines promulgated pursuant to section 994(aXl), and the provisions of sections 3581, 3583, and 3624 of
98 STAT. 2032 PUBLIC LAW 98-473—OCT. 12, 1984 Ante, pp. 1998, title 18, United States Code, shall not go into effect until the day 1999, 2008. after— Report. (I) the United States Sentencing Commission has submit- ted the initial set of sentencing guidelines to the Congress pursuant to subparagraph (B)(i), along with a report stating the reasons for the Commission's recommendations; (II) the General Accounting Office has undertaken a study of the guidelines, and their potential impact in com- parison with the operation of the existing sentencing and parole release system, and has, within one hundred and fifty days of submission of the guidelines, reported to the Congress the results of its study; and (III) the Congress has had six months after the date described in subclause (I) in which to examine the guide- lines and consider the reports; and Ante, p. 2030. (IV) the provisions of sections 227 and 228 shall take effect on the date of enactment. Ante, p. 2018. (2) For the purposes of section 992(a) of title 28, the terms of the first members of the United States Sentencing Commission shall not begin to run until the sentencing guidelines go into effect pursuant to paragraph (lXB)(ii). (b)(1) The following provisions of law in effect on the day before the effective date of this Act shall remain in effect for five years after the effective date as to an individual convicted of an offense or adjudicated to be a juvenile delinquent before the effective date and as to a term of imprisonment during the period described in subsec- tion (aXl)(B): 18 u s e 4201 et (A) Chapter 311 of title 18, United States Code. seq. (B) Chapter 309 of title 18, United States Code. 18 u s e 4161 et (C) Sections 4251 through 4255 of title 18, United States Code. seq. (D) Sections 5041 and 5042 of title 18, United States Code. (E) Sections 5017 through 5020 of title 18, United States Code, as to a sentence imposed before the date of enactment. (F) The maximum term of imprisonment in effect on the effective date for an offense committed before the effective date. (G) Any other law relating to a violation of a condition of release or to arrest authority with regard to a person who violates a condition of release. (2) Notwithstanding the provisions of section 4202 of title 18, United States Code, as in effect on the day before the effective date of this Act, the term of office of a Commissioner who is in office on the effective date is extended to the end of the five-year period after the effective date of this Act. (3) The United States Parole Commission shall set a release date, for an individual who will be in its jurisdiction the day before the expiration of five years after the effective date of this Act, that is within the range that applies to the prisoner under the applicable parole guideline. A release date set pursuant to this paragraph shall be set early enough to permit consideration of an appeal of the release date, in accordance with Parole Commission procedures, before the expiration of five years following the effective date of this Act. (4) Notwithstanding the other provisions of this subsection, all laws in effect on the day before the effective date of this Act pertaining to an individual who is— (A) released pursuant to a provision listed in paragraph (1); and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2033 (BXi) subject to supervision on the day before the expiration of the five-year period following the effective date of this Act; or (ii) released on a date set pursuant to paragraph (3); including laws pertaining to terms and conditions of release, revoca- tion of release, provision of counsel, and payment of transportation costs, shall remain in effect as to the individual until the expiration of his sentence, except that the district court shall determine, in accord with the Federal Rules of Criminal Procedure, whether 18 u s e app. release should be revoked or the conditions of release amended for violation of a condition of release. (5) Notwithstanding the provisions of section 991 of title 28, United States Code, and sections 4351 and 5002 of title 18, United States Code, the Chairman of the United States Parole Commission Ante, p. 2017. or his designee shall be a member of the National Institute of Corrections, and the Chairman of the United States Parole Commis- sion shall be a member of the Advisory Corrections Council and a nonvoting member of the United States Sentencing Commission, ex officio, until the expiration of the five-year period following the effective date of this Act. Notwithstanding the provisions of section 4351 of title 18, during the five-year period the National Institute of Corrections shall have seventeen members, including seven ex offi- cio members. Notwithstanding the provisions of section 991 of title 28, during the five-year period the United States Sentencing Com- mission shall consist of nine members, including two ex officio, nonvoting members. SEC. 236. (aXD Four years after the sentencing guidelines promul- Study. -i '^ gated pursuant to section 994(aXl), and the provisions of sections Report. 3581, 3583, and 3624 of title 18, United States Code, go into effect, 28 u s e 994 note. Ante, p. 2019. the General Accounting Office shall undertake a study of the guide- Ante, pp. 1998, lines in order to determine their impact and compare the guidelines 1999, 2008. system with the operation of the previous sentencing and parole release system, and, within six months of the undertaking of such study, report to the Congress the results of its study. (2) Within one month of the start of the study required under Report. suibsection (a), the United States Sentencing Commission shall submit a report to the General Accounting Office, all appropriate courts, the Department of Justice, and the Congress detailing the operation of the sentencing guideline system and discussing any problems with the system or reforms needed. The report shall include an evaluation of the impact of the sentencing guidelines on prosecutorial discretion, plea bargaining, disparities in sentencing, and the use of incarceration, and shall be issued by affirmative vote of a nimority of the voting members of the Commission. Qy) The Congress shall review the study submitted pursuant to subsection (a) in order to determine— (1) whether the sentencing guideline system has been effective; (2) whether any changes should be made in the sentencing guideline system; and (3) whether the parole system should be reinstated in some form and the life of the Parole Commission extended. SEC. 237. (aXD Except as provided in paragraph (2), for each Penalties. criminal fine for which the unpaid balance exceeds $100 as of the 18 u s e 3612 effective date of this Act, the Attorney General shall, within one note. hundred and twenty days, notify the person by certified mail of his obligation, within thirty days after notification, to— (A) pay the fine in full;
98 STAT. 2034 PUBLIC LAW 98-473—OCT. 12, 1984 (B) specify, and demonstrate compliance with, an installment schedule established by a court before enactment of the amend- ments made by this Act, specifying the dates on which desig- nated partial payments will be made; or (C) establish with the concurrence of the Attorney General, a new installment schedule of a duration not exceeding two years, except in special circumstances, and specifying the dates on 4. which designated partial payments will be made. (2) This subsection shall not apply in cases in which— (A) the Attorney General believes the likelihood of collection is remote; or (B) criminal fines have been stayed pending appeal. -% (b) The Attorney General shall, within one hundred and eighty days after the effective date of this Act, declare all fines for which this obligation is unfulfilled to be in criminal default, subject to the civil and criminal remedies established by amendments made by this Act. No interest or monetary penalties shall be charged on any fines subject to this section. (c) Not later than one year following the effective date of this Act, the Attorney General shall include in the annual crime report steps taken to implement this Act and the progress achieved in criminal fine collection, including collection data for each judicial district. SEC. 238. (a) Title 18 of the United States Code is amended by adding the following new chapter after chapter 227: Post, p 3139 "CHAPTER 228—IMPOSITION, PAYMENT, AND COLLECTION OF FINES ; "Sec. "3591. Imposition of a fine. "3592. Payment of a fine, delinquency and default. "3593. Modification or remission of fine. "3594. Certification and notification. "3595. Interest, monetary penalties for delinquency, and default. "3596. Civil remedies for satisfaction of an unpaid fine. "3597. Resentencing upon failure to pay a fine. "3598. Statute of limitations. "3599. Criminal default. 18 use 3591. "§ 3591. Imposition of a fine "(a) FACTORS TO B E CONSIDERED IN IMPOSING A FINE.—The court, in determining whether to impose a fine, the amount of any fine, the time for payment, and the method of payment, shall consider— "(1) the ability of the defendant to pay the fine in view of the income of the defendant, earning capacity and financial re- sources, and, if the defendant is an organization, the size of the organization; "(2) the nature of the burden that payment of the fine will impose on the defendant, and on any person who is financially dependent on the defendant, relative to the burden which alter- native punishments would impose; ' "(3) any restitution or reparation made by the defendant in connection with the offense and any obligation imposed upon the defendant to make such restitution or reparation; "(4) if the defendant is an organization, any measure taken by the organization to discipline its employees or agents responsi- ble for the offense or to ensure against a recurrence of such an offense; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2035 "(5) any other pertinent consideration. "(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence to pay a fine can subsequently be— "(1) modified or remitted pursuant to the provisions of section 3592; "(2) corrected pursuant to the provisions of rule 35; or Ante, p. 2015. "(3) appealed; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. "§ 3592. Payment of a fine, delinquency and default 18 USC 3592. "(a) TIME AND METHOD OF PAYMENT.—Payment of a fine is due immediately unless the court, at the time of sentencing— "(1) requires payment by a date certain; or "(2) establishes an installment schedule, the specific terms of which shall be fixed by the court. "(b) INDIVIDUAL RESPONSIBILITIES FOR PAYMENT.—If a fine is im- posed on an organization, it is the duty of each individual authorized to make disbursement of the assets of the organization to pay the fine from assets of the organization. If a fine is imposed on an agent or shareholder of an organization, the fine shall not be paid, directly or indirectly, out of the assets of the organization, unless the court finds that such payment is expressly permissible under applicable State law. "(c) RESPONSIBILITY TO PROVIDE CURRENT ADDRESS.—At the time of imposition of the fine, the court shall order the person fined to provide the Attorney General with a current mailing address for the entire period that any part of the fine remains unpaid. Failure to provide the Attorney General with a current address or a change in address shall be punishable as a contempt of court. "(d) STAY OF FINE PENDING APPEAL.—Unless exceptional circum- stances exist, if a sentence to pay a fine is stayed pending appeal, the court granting the stay shall include in such stay— "(1) a requirement that the defendant, pending appeal, deposit the entire fine amount, or the amount due under an installment schedule, during the pendency of an appeal, in an escrow account in the registry of the district court, or to give bond for the payment thereof; or "(2) an order restraining the defendant from transferring or dissipating assets found to be sufficient, if sold, to meet the defendant's fine obligation. "(e) DELINQUENT FINE.—A fine is delinquent if any portion of such fine is not paid within thirty days of when it is due, including any fines to be paid pursuant to an installment schedule. "(f) DEFAULT.—A fine is in default if any portion of such fine is more than ninety days delinquent. When a criminal fine is in default, the entire amount is due within thirty days of notification of the default, notwithstanding any installment schedule. "§ 3593. Modification or remission of fine 18 USC 3593. "(a) PETITION FOR MODIFICATION OR REMISSION.—A person who has been sentenced to pay a fine, and who— "(1) can show a good faith effort to comply with the terms of the sentence and concerning whom the circumstances no longer ,^ exist that warranted the imposition of the fine in the amount imposed or payment by the installment schedule, may at any time petition the court for—
98 STAT. 2036 PUBLIC LAW 98-473—OCT. 12, 1984 "(A) an extension of the installment schedule, not to exceed two years except in case of incarceration or special circumstances; or "(B) a remission of all or part of the unpaid portion including interest and penalties; or ' 'i*^ "(2) has voluntarily made restitution or reparation to the victim of the offense, may at any time petition the court for a remission of the unpaid portion of the fine in an amount not exceeding the amount of such restitution or reparation. Any petition filed pursuant to this subsection shall be filed in the court in which sentence was originally imposed, unless that court transfers jurisdiction to another court. The petitioner shall notify the Attorney General that the petition has been filed within ten working days after filing. For the purposes of clause (1), unless exceptional circumstances exist, a person may be considered to have made a good faith effort to comply with the terms of the sentence only after payment of a reasonable portion of the fine. "(b) ORDER OF MODIFICATION OR REMISSION,—If, after the filing of a petition as provided in subsection (a), the court finds that the circumstances warrant relief, the court may enter an appropriate order, in which case it shall provide the Attorney General with a copy of such order. 18 use 3594. "§ 3594. Certification and notification "(a) DISPOSITION OF PAYMENT.—The clerk shall forward each fine payment to the United States Treasury and shall notify the Attor- ney General of its receipt within ten working days. "(b) CERTIFICATION OF IMPOSITION.—If a fine exceeding $100 is imposed, modified, or remitted, the sentencing court shall incorpo- rate in the order imposing, remitting, and modifying such fine, and promptly certify to the Attorney General— "(1) the name of the person fined; "(2) his current address; "(3) the docket number of the case; "(4) the amount of the fine imposed; "(5) any installment schedule; "(6) the nature of any modification or remission of the fine or installment schedule; and "(7) the amount of the fine that is due and unpaid. "(c) RESPONSIBIUTY FOR COLLECTION.—The Attorney General shall be responsible for collection of an unpaid fine concerning which a certification has been issued as provided in subsection (a). "(d) NOTIFICATION OF DEUNQUENCY.—Within ten working days after a fine is determined to be delinquent as provided in section 3592(e), the Attorney General shall notify the person whose fine is delinquent, by certified mail, to inform him that the fine is delinquent. "(e) NOTIFICATION OF DEFAULT.—Within ten working days after a • fine is determined to be in default as provided in section 3592(f), the Attorney General shall notify the person defaulting, by certified mail, to inform him that the fine is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. 18 use 3595. "§ 3595. Interest, monetary penalties for delinquency, and default "Upon a determination of willful nonpayment, the court may impose the following interest and monetary penalties:
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2037 '• ' "(1) INTEREST.—Notwithstanding any other provision of law, interest at the rate of 1 per centum per month, or 12 per centum per year, shall be charged, beginning the thirty-first day after sentencing on the first day of each month during which any fine balance remains unpaid, including sums to be paid pursuant to an installment schedule. "(2) MONETARY PENALTIES FOR DELINQUENT FINES.—Notwith- * ; ' standing any other provision of law, a penalty sum equal to 10 per centum shall be charged for any portion of a criminal fine which has become delinquent. The Attorney General may waive Waiver, all or part of the penalty for good cause. "§ 3596. Civil remedies for satisfaction of an unpaid fine 18 USC 3596. "(a) LIEN.—A fine imposed as a sentence is a lien in favor of the United States upon all property belonging to the person fined. The lien arises at the time of the entry of the judgment and continues until the liability is satisfied, remitted, or set aside, or until it becomes unenforceable pursuant to the provisions of subsection (b). On application of the person fined, the Attorney General shall— "(1) issue a certificate of release, as described in section 6325 of the Internal Revenue Code, of any lien imposed pursuant to 26 USC 6325. this section, upon his acceptance of a bond described in section 6325(a)(2) of the Internal Revenue Code; or "(2) issue a certificate of discharge, as described in section 6325 of the Internal Revenue Code, of any part of the person's property subject to a lien imposed pursuant to this section, upon his determination that the fair market value of that part of such property remaining subject to and available to satisfy the lien is at least three times the amount of the fine. "(b) EXPIRATION OF LIEN.—A lien becomes unenforceable at the ' time liability to pay a fine expires as provided in section 3598. "(c) APPLICATION OF OTHER LIEN PROVISIONS.—The provisions of sections 6323, 6331, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805 of >' the Internal Revenue Code of 1954 (26 U.S.C. 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805) and of section 513 of the Act of October 17,1940 (54 Stat. 1190), apply to a fine and to the lien 50 use app. 573. imposed by subsection (a) as if the liability of the person fined were for an internal revenue tax assessment, except to the extent that the application of such statutes is modified by regulations issued by the Attorney General to accord with differences in the nature of the liabilities. For the purposes of this subsection, references in the preceding sections of the Internal Revenue Code of 1954 to 'the 26 USC l et seq. Secretary' shall be construed to mean 'the Attorney General,' and references in those sections to 'tax' shall be construed to mean 'fine.' "(d) EFFECT ON NOTICE OF LIEN.—A notice of the lien imposed by subsection (a) shall be considered a notice of lien for taxes payable to the United States for the purposes of any State or local law provid- ing for the filing of a notice of a tax lien. The registration, recording, docketing, or indexing, in accordance with 28 U.S.C. 1962, of the judgment under which a fine is imposed shall be considered for all purposes as the filing prescribed by section 6323(f)(1)(A) of the Internal Revenue Code of 1954 (26 U.S.C. 6323(f)(1)(A)) and by sub- section (c). "(e) ALTERNATIVE ENFORCEMENT.—Notwithstanding any other provision of this section, a judgment imposing a fine may be
98 STAT. 2038 PUBLIC LAW 98-473—OCT. 12, 1984 enforced by execution against the property of the person fined in like manner as judgments in civil cases. "(f) DISCHARGE OF DEBTS INAPPLICABLE.—No discharge of debts pursuant to a bankruptcy proceeding shall render a lien under this section unenforceable or discharge liability to pay a fine. 18 use 3597. "§ 3597. Resentencing upon failure to pay a fine "(a) RESENTENCING.—Subject to the provisions of subsection (b), if a person knowingly fails to pay a delinquent fine the court may resentence the person to any sentence which might originally have been imposed. ,,,_ . "(b) IMPRISONMENT.—The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that- ' l l ) the person willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or "(2) in light of the nature of the offense and the characteris- tics of the person, alternatives to imprisonment are not ade- quate to serve the purposes of punishment and deterrence. 18 use 3598. "§ 3598. Statute of limitations "(a) LIABILITY To PAY A FINE EXPIRES.— "(1) twenty years after the entry of the judgment; "(2) upon the death of the person fined. "(b) The period set forth in subsection (a) may be extended, prior to its expiration, by a written agreement between the person fined and the Attorney General. The running of the period set forth in subsection (a) is suspended during any interval for which the run- ning of the period of limitations for collection of a tax would be suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(l)(I) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(l)(I)), or section 513 of the Act of 50 use app. 573. October 17,1940 (54 Stat. 1190). 18 use 3599. "§ 3599. Criminal default "Whoever, having been sentenced to pay a fine, willfully fails to M . V pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, impris- oned not more than one year, or both.". (b) Section 3651 of title 18, United States Code, is amended by inserting after "May be required to provide for the support of any persons, for whose support he is legally responsible." the following V new paragraph: "If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation.". (c) Section 3651 of title 18, United States Code, is amended by striking out the last paragraph and inserting in lieu thereof the following: "The defendant's liability for any unexecuted fine or other pun- ishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation.". (d) The second paragraph of section 3655 of title 18, United States Code, is amended to read as follows:
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2039 "He shall keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision, and shall report thereon to the court placing such person on proba- tion. He shall report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked.". (e) Section 4209 of title 18, United States Code, is amended in Ante, p. 2027. subsection (a) by striking out the period at the end of the first sentence and inserting in lieu thereof "and, in a case involving a criminal fine that has not already been paid, that the parolee pay or agree to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense.". (f) Subsection Ot))(l) of section 4214 of title 18, United States Code, Ante, p. 2027. is amended by adding after "parole" the following: "or a failure to pay a fine in default within thirty days after notification that it is in default". (g)(1) Section 3565 of title 18, United States Code, is repealed. Repeal. (2) The table of sections for chapter 227 of title 18, United States Ante, p. 1995. Code, is amended by striking out the item for section 3565 and inserting in lieu thereof the following: "3565. Repealed.". (h) Section 3569 of title 18, United States Code, is amended by— (1) striking out "(a)"; and (2) striking out subsection Ot>). (i) This section shall be repealed on the first day of the first Repeal. calendar month beginning twenty-four months after the date of enactment of this Act. 18 u s e 3565 SEC. 239. Since, due to an impending crisis in prison overcrowding, note. available Federal prison space must be treated as a scarce resource 18 u s e 3551 note. in the sentencing of criminal defendants; Since, sentencing decisions should be designed to ensure that prison resources are, first and foremost, reserved for those violent and serious criminal offenders who pose the most dangerous threat to society; Since, in cases of nonviolent and nonserious offenders, the inter- ests of society as a whole as well as individual victims of crime can continue to be served through the imposition of alternative sen- tences, such as restitution and community service; Since, in the two years preceding the enactment of sentencing guidelines. Federal sentencing practice should ensure that scarce prison resources are available to house violent and serious criminal offenders by the increased use of restitution, community service, and other alternative sentences in cases of nonviolent and nonser- ious offenders: Now, therefore, be it Declared, That it is the sense of the Senate that in the two years preceding the enactment of the sentencing guidelines, Federal judges, in determining the particular sentence to be imposed, consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the general appropriateness of imposing a sentence other than imprisonment in cases in which the defendant has not
98 STAT. 2040 PUBLIC LAW 98-473—OCT. 12, 1984 been convicted of a crime of violence or otherwise serious offense; and (3) the general appropriateness of imposing a sentence of imprisonment in cases in which the defendant has been con- victed of a crime of violence or otherwise serious offense. CHAPTER III—FORFEITURE Comprehensive SEC. 301. This title may be cited as the "Comprehensive Forfeiture Forfeiture Act of A c t of 1 9 8 4 " . 1984. „ A 18 u s e 1961 PART A note. SEC. 302. Section 1963 of title 18 of the United States Code is amended to read as follows: "§ 1963. Criminal penalties "(a) Whoever violates any provision of section 1962 of this chapter shall be fined not more than $25,000 or imprisoned not more than twenty years, or both, and shall forfeit to the United States, irrespective of any provision of State law— "(1) any interest the person has acquired or maintained in violation of section 1962; "(2) a n y - . ,. ,^, "(A) interest in; "(B) security of; "(C) claim against; or - "(D) property or contractual right of any kind affording a source of influence over; any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and "(3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from rack- eteering activity or unlawful debt collection in violation of section 1962. The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. "(b) Property subject to criminal forfeiture under this section includes— "(1) real property, including things growing on, affixed to, and found in land; and "(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. "(c) All right, title, and interest in property described in subsec- tion (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. "(d) If any of the property described in subsection (a)— "(1) cannot be located;
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2041 "(2) has been transferred to, sold to, or deposited with, a third party; "(3) has been placed beyond the jurisdiction of the court; "(4) has been substantially diminished in value by any act or omission of the defendant; or "(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). "(eXD Upon application of the United States, the court may enter Courts, U.S. a restraining order or injunction, require the execution of a satisfac- tory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section— "(A) upon the filing of an indictment or information charging a violation of section 1962 of this chapter and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or "(B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that- 'll) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being de- stroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and "(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered: Provided, however. That an order entered pursuant to subparagraph (B) shall be effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. "(2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the prop- erty for forfeiture. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time, and prior to the expiration of the tempo- rary order. "(3) The court may receive and consider, at a hearing held pursu- ant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. 28 u s e app. "(0 Upon conviction of a person under this section, the court shall Seizure and enter a judgment of forfeiture of the property to the United States forfeiture of property. and shall also authorize the Attorney General to seize all property
98 STAT. 2042 PUBLIC LAW 98-473—OCT. 12, 1984 ordered forfeited upon such terms and conditions as the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, con- servators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to, or derived from, an enterprise or an interest in an enterprise which has been ordered forfeited under this section may be used to offset ordinary and necessary expenses to the enterprise which are required by law, or which are necessary to protect the interests of the United States or third parties. Disposition of "(g) Following the seizure of property ordered forfeited under this property. section, the Attorney General shall direct the disposition of the property by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with or on behalf of the defendant be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or a person acting in concert with or on behalf of the defendant, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302(b), the proceeds of any sale or other disposition of property forfeited under this section and any moneys forfeited shall be used to pay all proper expenses for the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pend- ing its disposition, advertising and court costs. The Attorney General shall deposit in the Treasury any amounts of such proceeds or moneys remaining after the payment of such expenses. "(h) With respect to property ordered forfeited under this section, the Attorney General is authorized to— "(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chap- ter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this chapter; "(2) compromise claims arising under this section; "(3) award compensation to persons providing information resulting in a forfeiture under this section; "(4) direct the disposition by the United States of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and "(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. "(i) The Attorney General may promulgate regulations with respect to— "(1) making reasonable efforts to provide notice to persons who may have an interest in property ordered forfeited under this section;
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2043 V "(2) granting petitions for remission or mitigation of forfeiture; "(3) the restitution of property to victims of an offense peti- tioning for remission or mitigation of forfeiture under this chapter; "(4) the disposition by the United States of forfeited property by public sale or other commercially feasible means; "(5) the maintenance and safekeeping of any property forfeited under this section pending its disposition; and "(6) the compromise of claims arising under this chapter. Pending the promulgation of such regulations, all provisions of law relating to the disposition of property, or the proceeds from the sale thereof, or the remission or mitigation of forfeitures for violation of the customs laws, and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. Such duties as are imposed upon the Customs Service or any person with respect to the disposition of property under the customs law shall be performed under this chapter by the Attorney General. "0) Except as provided in subsection (m), no party claiming an interest in property subject to forfeiture under this section may— "(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or "(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or informa- tion alleging that the property is subject to forfeiture under this section, "(k) The district courts of the United States shall have jurisdiction Courts, U.S. to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. "(1) In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure. 18 use app. "(m)(l) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property for at least seven successive court days in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. "(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within thirty days of the final publication of notice or his receipt of nptice tinder paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate
98 STAT. 2044 PUBLIC LAW 98-473—OCT. 12, 1984 the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. "(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought. "(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within thirty days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. "(5) At the hearing, the petitioner may testify and present evi- dence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. "(6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that— "(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or "(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. "(7) Following the court's disposition of all petitions filed under this subsection, or if no such petitions are filed following the expira- tion of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee.". PART B SEC. 303. Part D of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 841 et seq.) is amended by adding at the end thereof the following new sections 413 and 414: "CRIMINAL FORFEITURES "PROPERTY SUBJECT TO CRIMINAL FORFEITURE Post, p. 2192, "SEC. 413. (a) Any person convicted of a violation of this title or 2i^usc 853 ^^^^^ punishable by imprisonment for more than one year shall 21 use 95l! forfeit to the United States, irrespective of any provision of State law—
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2045 "(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; "(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commis- sion of, such violation; and "(3) in the case of a person convicted of engaging in a continu- ing criminal enterprise in violation of section 408 of this title (21 U.S.C. 848), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this title or title III, that the person forfeit to the United States all property 21USC 951. described in this subsection. "MEANING OF TERM 'PROPERTY' "(b) Property subject to criminal forfeiture under this section includes— "(1) real property, including things growing on, affixed to, and found in land; and "(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. "THIRD PARTY TRANSFERS "(c) All right, title, and interest in property described in subsec- tion (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (o) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. "(d) If any of the property described in subsection (a)— "(1) cannot be located; "(2) has been transferred to, sold to, or deposited with a third party; "(3) has been placed beyond the jurisdiction of the court; "(4) has been substantially diminished in value by any act or omission of the defendant; or "(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). "REBUTTABLE PRESUMPTION "(e) There is a rebuttable presumption at trial that any property of a person convicted of a felony under this title or title III is subject to forfeiture under this section if the United States establishes by a preponderance of the evidence that—
98 STAT. 2046 PUBLIC LAW 98-473—OCT. 12, 1984 "(1) such property was acquired by such person during the 21 use 951. period of the violation of this title or title III or within a reasonable time after such period; and "(2) there was no likely source for such property other than the violation of this title or title III. "PROTECTIVE ORDERS "(f)(1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfac- tory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section— "(A) upon the filing of an indictment or information charging a violation of this title or title III for which criminal forfeiture may be ordered under this section and alleging that the prop- erty with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or "(B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— "(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and "(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered: Provided, however, That an order entered pursuant to subparagraph (B) shall be effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. "(2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the prop- erty for forfeiture. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the tempo- rary order. "(3) The court may receive and consider, at a hearing held pursu- ant to this subsection, evidence and information that would be 28 use app. inadmissible under the Federal Rules of Evidence.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2047 " W A R R A N T OF SEIZURE "(g) The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (f) may not be suffi- cient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property. "EXECUTION "(h) Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, con- servators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties. "DISPOSITION OF PROPERTY "(i) Following the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or a person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him. "AUTHORITY OF THE ATTORNEY GENERAL "(j) With respect to property ordered forfeited under this section, the Attorney General is authorized to— "(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chap- ter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section; "(2) compromise claims arising under this section; "(3) award compensation to persons providing information resulting in a forfeiture under this section;
98 STAT. 2048 PUBLIC LAW 98-473—OCT. 12, 1984 "(4) direct the disposition by the United States, in accordance with the provisions of section 511(e) of this title (21 U.S.C. 881(e)), of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and "(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. "APPUCABILTTY OF CIVIL FORFEITURE PROVISIONS "(k) Except to the extent that they are inconsistent with the provisions of this section, the provisions of section 511(d) of this title (21 U.S.C. 881(d)) shall apply to a criminal forfeiture under this section. "BAR ON INTERVENTION "(1) Except as provided in subsection (o), no party claiming an interest in property subject to forfeiture under this section may— "(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or "(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or informa- tion alleging that the property is subject to forfeiture under this section. "JURISDICTION TO ENTER ORDERS "(m) The district courts of the United States shall have jurisdic- tion to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. "DEPOSITIONS "(n) In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of peti- tions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposi- tion and that any designated book, paper, document, record, record- ing, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal 18 use app. Procedure. "THIRD PARTY INTERESTS "(oKD Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property for at least seven successive court days in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2049 "(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within thirty days of the finsd publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. "(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought. "(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within thirty days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. "(5) At the hearing, the petitioner may testify and present evi- dence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. "(6) If, after the hesiring, the court determines that the petitioner has established by a preponderance of the evidence that— "(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather them the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or "(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; '• the court shall amend the order of forfeiture in accordance with its determination. "(7) Following the court's disposition of all petitions filed under this subsection, or if no such petitions are filed following the expira- tion of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any sul^equent purchaser or transferee. (p) TTie provisions of this section shall be liberally construed to effectuate its remedial purposes. "INVESTMENT OF ILUCIT DRUG PROFITS "SEC. 414. (a) It shall be unlawful for any person who has received 21 use 854. any income derived, directly or indirectly, from a violation of this title or title III punishable by imprisonment for more than one year 21 USC 951. in which such person has participated as a principal within the meaning of section 2 of title 18, United States Code, to use or invest,
98 STAT. 2050 PUBLIC LAW 98-473—OCT. 12, 1984 directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities Securities. of which affect interstate or foreign commerce. A purchase of securi- ties on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this section if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in 21 u s e 951. any violation of this title or title III after such purchase do not amount in the aggregate to 1 per centum of the outstanding securi- ties of any one class, and do not confer, either in law or in fact, the. power to elect one or more directors of the issuer. Penalties. "(b) Whoever violates this section shall be fined not more than $50,000 or imprisoned not more than ten years, or both. "(c) As used in this section, the term 'enterprise' includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. "(d) The provisions of this section shall be liberally construed to effectuate its remedial purposes.". SEC. 304. Section 304 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 824) is amended by adding at the end of subsection (f) the following sentence: "All right, title, and interest in such controlled substances shall vest in the United States upon a revocation order becoming final.". SEC. 305. Section 408 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 848) is amended— (a) in subsection (a)— (1) by striking out "(1)"; (2) by striking out "paragraph (2)" each time it appears, and inserting in lieu thereof "section 413 of this title"; and (3) by striking out paragraph (2); and (b) by striking out subsection (d). SEC. 306. Section 511 of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 881) is amended— ^ (a) in subsection (a) by inserting at the end thereof the following new subsection: Real property. "(7) All real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this title punishable by more than one year's impris- onment, except that no property shall be forfeited under this paragraph, to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner."; (b) in subsection (b)— (1) by inserting "civil or criminal" after "Any property sub- ject to' ; and (2) by striking out in paragraph (4) "has been used or is intended to be used in violation o f and inserting in lieu thereof "is subject to civil or criminal forfeiture under"; (c) in subsection (c)— (1) by inserting in the second sentence "any o f after "When- ever property is seized under"; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2051 (2) by inserting in paragraph (3) ", if practicable," after "remove it"; (d) in subsection (d), by inserting "any o f after "alleged to have been incurred, under"; (e) in subsection (e)— (1) by inserting "civilly or criminally" in the first sentence after "Whenever property is"; and (2) by striking out in paragraph (3) "and remove it for disposi- tion" and inserting in lieu thereof "and dispose of it"; and (f) by inserting at the end thereof the following new subsections: "(h) All right, title, and interest in property described in subsec- tion (a) shall vest in the United States upon commission of the act giving rise to forfeiture under this section. "(i) The filing of an indictment or information alleging a violation of this title or title III which is also related to a civil forfeiture 21 USC 951. proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. "(j) In addition to the venue provided for in section 1395 of title 28, United States Code, or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeit- ure under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.". SEC. 307. Part A of title III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by adding at the end thereof the following new section: "CRIMINAL FORFEITURES "SEC. 1017. Section 413 of title II, relating to criminal forfeitures, 21 USC 970. shall apply in every respect to a violation of this title punishable by ^"^^' P- 2044. imprisonment for more than one year.". SEC. 308. The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended— (a) by adding immediately after "Sec. 412. Applicability of treaties and other international agreements.". the following new items: "Sec. 413. Criminal forfeitures. "Sec. 414. Investment of illicit drug profits.". and (b) by adding immediately after "Sec. 1016. Authority of Secretary of the Treasury.". the following new item: "Sec. 1017. Criminal forfeitures.". PART C SEC. 309. (a) Section 511(e)(1) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(e)(1)) is amended by adding after "retain the property for official use" the following: "or transfer the custody or ownership of any forfeited property to any Federal, State, or local agency pursuant to section 616 of the Tariff Act of 1930 (19 U.S.C. 1616)". Post, p. 2055. Ot)) Section 511(e) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(e)) is amended by inserting
98 STAT. 2052 PUBLIC LAW 98-473—OCT. 12, 1984 before "The proceeds from any sale under paragraph (2)" the follow- ing: "The Attorney General shall ensure the equitable transfer pursuant to paragraph (1) of any forfeited property to the appropri- ate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General pursuant to paragraph (1) shall not be subject to review.". (c) Section 511(e) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(e)) is further amended by striking out "the general fund of the United States Treasury" in the sentence beginning "The Attorney General shall" and inserting in lieu thereof "accordance with section 524(c) of title 28, United States Code". Post, p. 2193. SEC. 310. Section 524 of title 28, United States Code, is amended by adding at the end the following new subsection: Department of "(c)(1) There is established in the United States Treasury a special Justice Assets fund to be known as the Department of Justice Assets Forfeiture Forfeiture Fund, Fund (hereinafter in this subsection referred to as the 'fund') which establishment. shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes of the Department of Justice— "(A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, or sell property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property; such payments may include payments for contract services and payments to reimburse any Federal, State, or local agency for any expenditures made to perform the foregoing functions; "(B) the payment of awards for information or assistance leading to a civil or criminal forfeiture under the Comprehen- sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 21 u s e 801 note. 800 et seq.) or a criminal forfeiture under the Racketeer Influ- enced and Corrupt Organizations statute (18 U.S.C. 1961 et seq.), at the discretion of the Attorney General; "(C) the compromise and payment of valid liens and mort- gages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made; and "(D) disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice. "(2) Any award paid from the fund for information concerning a forfeiture, as provided in paragraph (1)(B), shall be paid at the discretion of the Attorney General or his delegate, except that the authority to pay an award of $10,000 or more shall not be delegated to any person other than the Deputy Attorney General, the Associ- ate Attorney General, the Director of the Federal Bureau of Investigation, or the Administrator of the Drug Enforcement Ad- ministration. Any award for such information shall not exceed the lesser of $150,000 or one-fourth of the amount realized by the United States from the property forfeited.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2053 "(3) There shall be deposited in the fund all amounts from the forfeiture of property under any law enforced or administered by the Department of Justice remaining after the payment of expenses for forfeiture and sale authorized by law. "(4) Amounts in the fund which are not currently needed for the purpose of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. "(5) The Attorney General shall transmit to the Congress, not Report. later than four months after the end of each fiscal year a detailed report on the amounts deposited in the fund and a description of expenditures made under this subsection. "(6) The provisions of this subsection relating to deposits in the fund shall apply to all property in the custody of the Department of Justice on or after the effective date of the Comprehensive Forfeit- ure Act of 1983. "(7) For fiscal years 1984, 1985, 1986, and 1987, there are author- Appropriation ized to be appropriated such sums as may be necessary for the authorization. purposes described in paragraph (1). At the end of each fiscal year, any amount in the fund in excess of the amount appropriated shall be deposited in the general fund of the Treasury of the United States, except that an amount not to exceed $5,000,000 may be carried forward and available for appropriation in the next fiscal year. "(8) For the purposes of this subsection, property is forfeited pursuant to a law enforced or administered by the Department of Justice if it is forfeited pursuant to— "(A) any criminal forfeiture proceeding; "(B) any civil judicial forfeiture proceeding; or "(C) any civil administrative forfeiture proceeding conducted by the Department of Justice; except to the extent that the seizure was effected by a Customs officer or that custody was maintained by the Customs Service in which case the provisions of section 613a of the Tariff Act of 1930 (19 U.S.C. 1613a) shall apply.". Post, p. 2054. PARTD SEC. 311. Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) is amended to read as follows: "§ 607. Seizure; value $100,000 or less, prohibited articles, trans- porting conveyances "(a) I f - "(1) the value of such seized vessel, vehicle, aircraft, merchan- dise, or baggage does not exceed $100,000; "(2) such seized merchandise consists of articles the importa- tion of which is prohibited; or "(3) such seized vessel, vehicle, or aircraft was used to import, export, or otherwise transport or store any controlled substances; the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with infor- mation on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.
98 STAT. 2054 PUBLIC LAW 98-473—OCT. 12, 1984 "(b) As used in this section, the term 'controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).". SEC. 312. Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended in the second sentence by inserting after "penal sum o f the following: "$5,000 or 10 per centum of the value of the claimed property, whichever is lower, but not less than,". SEC. 313. Section 609 of the Tariff Act of 1930 (19 U.S.C. 1609) is amended by striking out "after deducting the actual expenses of seizure, publication, and sale in the Treasury of the United States." and inserting in lieu thereof "after deducting expenses enumerated in section 613 of this Act into the Customs Forfeiture Fund.". SEC. 314. Section 610 of the Tariff Act of 1930 (19 U.S.C. 1610) is amended by striking out "If the value of any vessel, vehicle, mer- chandise, or baggage so seized is greater than $10,000," and substi- tuting in lieu thereof the following: "If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to the procedure set forth in section 607,". SEC. 315. Section 612 of the. Tariff Act of 1930 (19 U.S.C. 1612) is amended by— (1) inserting "aircraft," immediately after "vehicle," wher- ever it appears in the section; (2) striking out "and the value of such vessel, vehicle, mer- chandise, or baggage as determined under section 606 does not exceed $10,000," in the first sentence and inserting in lieu thereof the following: "and the article is subject to the provi- sions of section 607 of this Act,"; and (3) striking out "If such value of such vessel, vehicle, mer- chandise, or baggage exceeds $10,000," in the second sentence and inserting in lieu thereof the following: "If the article is not subject to the provisions of section 607 of this Act,". SEC. 316. Section 613(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1613(a)(3)) is amended to read as follows: "(3) The residue shall be deposited in the Customs Forfeiture Fund.". SEC. 317. The Tariff Act of 1930 is amended by adding a new section immediately after section 613 (19 U.S.C. 1613) to read as follows: 19 use 1613a. "§ 613a. Customs Forfeiture Fund Establishment. "(a) There is hereby established in the Treasury of the United States a special fund for the United States Customs Service that shall be entitled the 'Customs Forfeiture Fund' (hereinafter referred to in this section as the 'fund'). This fund shall be available without fiscal year limitation in such amounts as may be specified in appro- priations Acts for the following purposes of the United States Customs Service— "(1) the payment of all proper expenses of the seizure or detention or the proceedings of forfeiture and sale (not other- 19 use 1613. wise recovered under section 613(a)) including but not limited to, expenses of inventory, security, maintaining the custody of the property, advertising and sale, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court; and "(2) the payment of awards of compensation to informers Post, p. 2056. under section 619 of the Tariff Act of 1930, as amended.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2055 "(b) There shall be deposited in the fund all proceeds from the sale or other disposition of property forfeited under, and any currency or monetary instruments seized and forfeited under, the laws enforced or administered by the United States Customs Service. "(c) Amounts in the fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. "(d) The Commissioner of Customs shall transmit to the Congress, Report. not later than four months after the end of each fiscal year a detailed report on the amounts deposited in the fund and a descrip- tion of expenditures made under this section. "(e) The provisions of this section relating to deposits in the fund shall apply to all property in the custody of the United States Customs Service on or after the effective date of the Comprehensive Forfeiture Act of 1983. "(f) For the purposes described in subsection (a), there are author- Appropriation ized to be appropriated from the fund for fiscal year 1984 not more authorization. than $10,000,000, for fiscal year 1985 not more than $15,000,000, for fiscal year 1986, not more than $20,000,000, and for fiscal year 1987 not more than $20,000,000. Amounts in the fund in excess of the amounts appropriated at the end of each fiscal year shall be deposited in the General Fund of the Treasury of the United States. At the end of the last fiscal year for which appropriations from the fund are authorized by this Act, the fund shall cease to exist and any amount then remaining in the fund shall be deposited in the General Fund of the Treasury of the United States.". SEC. 318. A new section 616 is added to the Tariff Act of 1930 (19 U.S.C. 1616) to read as follows: "§ 616. Disposition of forfeited property "(a) Notwithstanding any other provision of the law, the Commis- sioner is authorized to retain forfeited property, or to transfer such property on such terms and conditions as he may determine to— "(1) any other Federal agency; or "(2) any State or local law enforcement agency which partici- pated directly in any of the acts which led to the seizure or forfeiture of the property. The Secretary of the Treasury shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropri- ate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Secretary pursuant to paragraph (2) shall not be subject to review. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. "(b) The Secretary of the Treasury may order the discontinuance of any forfeiture proceedings under this Act in favor of the institu- tion of forfeiture proceedings by State or local authorities under an appropriate State or local statute. After the filing of a complaint for forfeiture under this Act, the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. "(c) Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, the United States may transfer custody and possession of the seized property to
98 STAT. 2056 PUBLIC LAW 98-473—OCT. 12, 1984 the appropriate State or local official immediately upon the initi- ation of the proper actions by such officials. "(d) Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, notice shall be sent to all known interested parties advising them of the discontinu- ance or dismissal. The United States shall not be liable in any action arising out of the seizure, detention, and transfer of seized property to State or local officials.". SEC. 319. Section 619 of the Tariff Act of 1930 (19 U.S.C. 1619) is amended by— (a) striking out "$50,000" each time it appears and inserting in lieu thereof "$150,000"; and (b) adding at the end thereof "In no event shall the Secretiary delegate the authority to pay an award under this section in excess of $10,000 to an official below the level of the Commis- sioner of Customs.". SEC. 320. The Tariff Act of 1930 is amended by adding a new section 589, to read as follows: 19 use 1589. "§ 589. Arrest authority of customs officers "Subject to the direction of the Secretary of the Treasury, an 19 use 1401. officer of the Customs Service as defined in section 401(i) of this Act, as amended, may— "(1) carry a firearm; "(2) execute and serve any order, warrant, subpoena, sum- mons, or other process issued under the authority of the United States; "(3) make an arrest without a warrant for any offense against the United States committed in the officer's presence or for a felony, cognizable under the laws of the United States commit- ted outside the officer's presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and "(4) perform any other law enforcement duty that the Secre- tary of the Treasury may designate.". Repeal. (b) Section 7607 of the Internal Revenue Act of 1954 (26 U.S.C. 7607) is repealed. SEC. 321. Sections 602, 605, 606, 608, 609, 611, 613, 614, 615, 618, and 619 (19 U.S.C. 1602, 1605, 1606, 1608, 1609, 1611, 1613, 1614, 1615, 1618, and 1619) of the Tariff Act of 1930 are amended by inserting the word "aircraft," immediately after the words "vehicle" or "vehicles," wherever they appear. SEC. 322. Section 644 of the Tariff Act of 1930 (19 U.S.C. 1644) is amended to read as follows: "§ 644. Application of the Federal Aviation Act and section 1518(d) of title 33 "(a) The authority vested by section 1109 of the Federal Aviation 49 use app. Act of 1958 (49 U.S.C. 1509) in the Secretary of the Treasury, by 1509. regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of customs, and of the laws and regulations relating to the entry and clearance of vessels, shall extend to the application in like manner of any of the 19 use 1711. provisions of this Act, or of the Anti-Smuggling Act of 1935, or of any regulations promulgated hereunder.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2057 "(b) For purposes of section 1518(d) of title 33, the term 'customs laws administered by the Secretary of the Treasury' shall mean this chapter and any other provisions of law classified to this title.". SEC. 323. The Tariff Act of 1930 is amended by adding a new section 600 to read as follows: "§ 600. Application of the customs laws to other seizures by cus- 19 USC 1600. toms officers "The procedures set forth in sections 602 through 619 of this Act (19 U.S.C. 1602 through 1619) shall apply to seizures of any property effected by customs officers under any law enforced or adminis- tered by the Customs Service unless such law specifies differ- ent procedures.". CHAPTER IV—OFFENDERS WITH MENTAL DISEASE OR Insanity Defense DEFECT Reform Act of 1984. SEC. 401. This chapter may be sited as the "Insanity Defense 18 use 4241 Reform Act of 1984." note. SEC. 402. (a) Chapter 1 of title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 20. Insanity defense 18 USC 20. "(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. "(b) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence.". (b) The sectional analysis of chapter 1 of title 18, United States Code, is amended to add the following new section 20: "20. Insanity Defense.". SEC. 403. (a) Chapter 313 of title 18, United States Code, is amended to read as follows: "CHAPTER 313—OFFENDERS WITH MENTAL DISEASE OR DEFECT "Sec. "4241. Determination of mental competency to stand trial. "4242. Determination of the existence of insanity at the time of the offense. "4243. Hospitalization of a person found not guilty only by reason of insanity. "4244. Hospitalization of a convicted person suffering from mental disease or defect. "4245. Hospitalization of an imprisoned person suffering from mental disease or defect. "4246. Hospitalization of a person due for release but suffering from mental disease or defect. "4247. General provisions for chapter. "§ 4241. Determination of mental competency to stand trial 18 use 4241. "(a) MOTION TO DETERMINE COMPETENCY OF DEFENDANT.—At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall 31-194 - 0 - 86 - 29 : QL. 3 P a r t 2
98 STAT. 2058 PUBLIC LAW 98-473—OCT. 12, 1984 grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may pres- ently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be con- ducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c). "(c) HEARING.—The hearing shall be conducted pursuant to the provisions of section 4247(d). "(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility— "(1) for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a sub- stantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed; and "(2) for an additional reasonable period of time until— "(A) his mental condition is so improved that trial may proceed, if the court finds that there is a substantial proba- bility that within such additional period of time he will attain the capacity to permit the trial to proceed; or "(B) the pending charges against him are disposed of according to law; whichever is earlier. If, at the end of the time period specified, it is determined that the defendant's mental condition has not so improved as to permit the trial to proceed, the defendant is subject to the provisions of section 4246. "(e) DISCHARGE.—When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the defendant's counsel and to the attorney for the Government. The court shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, the court shall order his immediate discharge from the facility in which he is hospitalized and shall set the date for trial. Upon discharge, the defendant is Ante, pp. 1976, subject to the provisions of chapter 207. 1985. "(f) ADMISSIBILITY OF FINDING OF COMPETENCY.—A finding by the court that the defendant is mentally competent to stand trial shall not prejudice the defendant in raising the issue of his insanity as a
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2059 defense to t h e offense charged, a n d shall not be admissible a s evidence in a trial for t h e offense charged. '*§ 4242. D e t e r m i n a t i o n of t h e existence of insanity a t t h e time of 18 USC 4242. the offense "(a) M O T I O N FOR PRETRIAL PSYCHIATRIC OR PSYCHOLOGICAL E X A M I - NATION.—Upon t h e filing of a notice, as provided in Rule 12.2 of t h e Federal Rules of Criminal Procedure, t h a t t h e defendant intends to 18 USC app. rely on t h e defense of insanity, t h e court, upon motion of t h e attorney for t h e Government, shall order t h a t a psychiatric or psychological examination of the defendant be conducted, and t h a t a psychiatric or psychological report be filed with t h e court, p u r s u a n t to t h e provisions of section 4247 (b) and (c). "(b) SPECIAL VERDICT.—If t h e issue of insanity is raised by notice as provided in Rule 12.2 of t h e Federal Rules of Criminal Procedure on motion of t h e defendant or of t h e attorney for t h e Government, or on t h e court's own motion, t h e j u r y shall be instructed to find, or, in t h e event of a nonjury trial, t h e court shall find t h e defendant— "(1) guilty; "(2) not guilty; or "(3) not guilty only by reason of insanity. "§ 4243. Hospitalization of a person found n o t guilty only by 18 USC 4243. reason of insanity "(a) DETERMINATION OF P R E S E N T M E N T A L CONDITION OF ACQUITTED PERSON.—If a person is found not guilty only by reason of insanity at t h e time of t h e offense charged, h e shall be committed to a suitable facility until such t i m e as h e is eligible for release p u r s u a n t to subsection (e). "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND R E P O R T . — Prior to t h e date of t h e hearing, p u r s u a n t to subsection (c), the court shall order t h a t a psychiatric or psychological examination of t h e defendant be conducted, a n d t h a t a psychiatric or psychological report be filed with t h e court, p u r s u a n t to t h e provisions of section 4247 (b) and (c). "(c) H E A R I N G . — A h e a r i n g shall be conducted p u r s u a n t to t h e provisions of section 4247(d) and shall t a k e place not later t h a n forty days following t h e special verdict. "(d) BURDEN OF PROOF.—In a hearing p u r s u a n t to subsection (c) of this section, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to t h e property of, a n o t h e r person, or involving a substantial risk of such injury or damage, has t h e burden of proving by clear and convincing evidence t h a t his release would not create a substantial risk of bodily injury to a n o t h e r person or serious damage of property of a n o t h e r d u e to a present mental disease or defect. With respect to any other offense, t h e person h a s t h e burden of such proof by a preponderance of t h e evidence. "(e) DETERMINATION AND DISPOSITION.—If, after t h e h e a r i n g , t h e court fails to find by t h e s t a n d a r d specified in subsection (d) of this section t h a t t h e person's release would not create a substantial risk of bodily injury to a n o t h e r person or serious damage of property of a n o t h e r d u e to a present mental disease or defect, t h e court shall commit t h e person to t h e custody of t h e Attorney General. T h e Attorney General shall release t h e person to t h e appropriate official of t h e State in which t h e person is domiciled or was tried if such State will assume responsibility for his custody, care, and t r e a t m e n t .
98 STAT. 2060 PUBLIC LAW 98-473—OCT. 12, 1984 The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall hospitalize the person for treatment in a suitable facility until— "(1) such a State will assume such responsibility; or "(2) the person's mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would not create a substantial risk of bodily injury to another person or serious damage to property of another; whichever is earlier. The Attorney General shall continue periodi- cally to exert all reasonable efforts to cause such a State to assume such responsibility for the person's custody, care, and treatment. "(f) DISCHARGE.—When the director of the facility in which an acquitted person is hospitalized pursuant to subsection (e) deter- mines that the person has recovered from his mental disease or defect to such an extent that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the attorney for the Government. The court shall order the discharge of the acquitted person or, on the motion of the attorney for the Government or on its own motion, shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine whether he should be released. If, after the hearing, the court finds by the standard specified in subsection (d) that the person has recovered from his mental disease or defect to such an extent that— "(1) his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately dis- charged; or "(2) his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall— "(A) order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the director of the facility in which he is committed, and that has been found by the court to be appropriate; and "(B) order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment. The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment. "(g) REVOCATION OF CONDITIONAL DISCHARGE.—The director of a medical facility responsible for administering a regimen imposed on an acquitted person conditionally discharged under subsection (f) shall notify the Attorney General and the court having jurisdiction over the person of any failure of the person to comply with the
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2061 regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unneces- sary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiat- ric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another. "§ 4244. Hospitalization of a convicted person suffering from 18 USC 4244. mental disease or defect "(a) MOTION TO DETERMINE PRESENT MENTAL CONDITION OF CON- VICTED DEFENDANT.—A defendant found guilty of an offense, or the attorney for the Government, may, within ten days after the defend- ant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported by substantial information indicating that the defendant may presently be suffering from a mental disease or defect for the treatment of which he is in need of custody for care or treatment in a suitable facility. The court shall grant the motion, or at any time prior to the sentencing of the defendant shall order such a hearing on its own motion, if it is of the opinion that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect for the treatment of which he is in need of custody for care or treatment in a suitable facility. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be con- ducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c). In addition to the information required to be included in the psychiat- ric or psychological report pursuant to the provisions of section 4247(c), if the report includes an opinion by the examiners that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, the report shall also include an opinion by the examiner concerning the sentencing alternatives that could best accord the defendant the kind of treatment he does need. "(c) HEARING.—The hearing shall be conducted pursuant to the provisions of section 4247(d). "(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for care or treatment in a suitable facility. Such a commitment constitutes a provisional sen- tence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty. "(e) DISCHARGE.—When the director of the facility in which the defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered from his mental disease or defect to
98 STAT. 2062 PUBLIC LAW 98-473—OCT. 12, 1984 such an extent that he is no longer in need of custody for care or treatment in such a facihty, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the defendant's counsel and to the attorney for the Government. If, at the time of the filing of the certificate, the provisional sentence imposed pursu- ant to subsection (d) has not expired, the court shall proceed finally to sentencing and may modify the provisional sentence. 18 use 4245. "§ 4245. Hospitalization of an imprisoned person suffering from mental disease or defect "(a) MOTION TO DETERMINE PRESENT MENTAL CONDITION OF IM- PRISONED PERSON.—If a person serving a sentence of imprisonment objects either in writing or through his attorney to being transferred to a suitable facility for care or treatment, an attorney for the Government, at the request of the director of the facility in which the person is imprisoned, may file a motion with the court for the district in which the facility is located for a hearing on the present mental condition of the person. The court shall grant the motion if there is reasonable cause to believe that the person may presently be suffering from a mental disease or defect for the treatment of which he is in need of custody for care or treatment in a suitable facility. A motion filed under this subsection shall stay the transfer of the person pending completion of procedures contained in this section. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the person may be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c). "(c) HEARING.—The hearing shall be conducted pursuant to the provisions of section 4247(d). "(d) DETERMiNATioisr AND DISPOSITION.—If, after the hearing, the court finds by a preponderance of the evidence that the person is presently suffering from a mental disease or defect for the treat- ment of which he is in need of custody for care or treatment in a suitable facility, the court shall commit the person to the custody of the Attorney General. The Attorney General shall hospitalize the person for treatment in a suitable facility until he is no longer in need of such custody for care or treatment or until the expiration of the sentence of imprisonment, whichever occurs earlier. "(e) DISCHARGE.—When the director of the facility in which the person is hospitalized pursuant to subsection (d) determines that the person has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the attorney for the Government. If, at the time of the filing of the certificate, the term of imprisonment imposed upon the person has not expired, the court shall order that the person be reimprisoned until the expiration of his sentence of imprisonment. 18 use 4246. "§ 4246. Hospitalization of a person due for release but suffering from mental disease or defect "(a) INSTITUTION OF PROCEEDING.—If the director of a facility in which a person is hospitalized certifies that a person whose sentence
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2063 is about to expire, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, and that suitable arrangements for State custody and care of the person are not available, he shall transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is presently suffer- ing from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be con- ducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c). "(c) HEARING.—The hearing shall be conducted pursuant to the provisions of section 4247(d). "(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall hospitalize the person for treatment in a suitable facility, until— "(1) such a State will assume such responsibility; or "(2) the person's mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another; whichever is earlier. The Attorney General shall continue periodi- cally to exert all reasonable efforts to cause such a State to assume such responsibility for the person's custody, care, and treatment. "(e) DISCHARGE.—When the director of the facility in which a person is hospitalized pursuant to subsection (d) determines that the person has recovered from his mental disease or defect to such an extent that his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the
98 STAT. 2064 PUBLIC LAW 98-473—OCT. 12, 1984 attorney for the Government. The court shall order the discharge of the person or, on the motion of the attorney for the Government or on its own motion, shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine whether he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person has recovered from his mental disease or defect to such an extent that— ^•y, "(1) his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately dis- charged; or "(2) his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall— "(A) order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the director of the facility in which he is committed, and that has been found by the court to be appropriate; and "(B) order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment. The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment. "(f) REVOCATION OF CONDITIONAL DISCHARGE.—The director of a medical facility responsible for administering a regimen imposed on a person conditionally discharged under subsection (e) shall notify the Attorney General and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another. "(g) RELEASE TO STATE OF CERTAIN OTHER PERSONS.—If the direc- tor of a facility in which a person is hospitalized pursuant to this subchapter certifies to the Attorney General that a person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried for the purpose of institution of State pro- ceedings for civil commitment. If neither such State will assume such responsibility, the Attorney General shall release the person upon receipt of notice from the State that it will not assume such
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2065 responsibility, but not later than ten days after certification by the director of the facility. "§ 4247. General provisions for chapter 18 use 4247. "(a) DEFINITIONS.—As used in this chapter— "(1) 'rehabilitation program' includes— "(A) basic educational training that will assist the indi- vidual in understanding the society to which he will return and that will assist him in understanding the magnitude of his offense and its impact on society; "(B) vocational training that will assist the individual in contributing to, and in participating in, the society to which he will return; "(C) drug, alcohol, and other treatment programs that will assist the individual in overcoming his psychological or physical dependence; and "(D) organized physical sports and recreation programs; and "(2) 'suitable facility' means a facility that is suitable to provide care or treatment given the nature of the offense and the characteristics of the defendant. "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION.—A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or clinical psy- chologist, or, if the court finds it appropriate, by more than one such examiner. Each examiner shall be designated by the court, except that if the examination is ordered under section 4245 or 4246, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section 4242, 4243, or 4246, for a reasonable period, but not to exceed forty-five days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. The director of the facility may apply for a reasonable extension, but not to exceed fifteen days under section 4241, 4244, or 4245, and not to exceed thirty days under section 4242, 4243, or 4246, upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant. "(c) PSYCHIATRIC OR PSYCHOLOGICAL REPORTS.—A psychiatric or psychological report ordered pursuant to this chapter shall be pre- pared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the attorney for the Government, and shall include— "(1) the person's history and present symptoms; "(2) a description of the psychiatric, psychological, and medi- cal tests that were employed and their results; "(3) the examiner's findings; and "(4) the examiner's opinions as to diagnosis, prognosis, and— "(A) if the examination is ordered under section 4241, whether the person is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and conse-
98 STAT. 2066 PUBLIC LAW 98-473—OCT. 12, 1984 quences of the proceedings against him or to assist properly in his defense; "(B) if the examination is ordered under section 4242, whether the person was insane at the time of the offense charged; "(C) if the examination is ordered under section 4243 or 4246, whether the person is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or seri- ous damage to property of another; "(D) if the examination is ordered under section 4244 or 4245, whether the person is suffering from a mental disease or defect as a result of which he is in need of custody for care or treatment in a suitable facility; or "(E) if the examination is ordered as a part of a presen- tence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence. "(d) HEARING.—At a hearing ordered pursuant to this chapter the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him pursu- ant to section 3006A. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf, and to confront and cross-examine witnesses who appear at the hearing. "(e) PERIODIC REPORT AND INFORMATION REQUIREMENTS.—(1) The director of the facility in which a person is hospitalized pursuant to— "(A) section 4241 shall prepare semiannual reports; or "(B) section 4243, 4244, 4245, or 4246 shall prepare annual reports concerning the mental condition of the person and containing recommendations concerning the need for his contin- ued hospitalization. The reports shall be submitted to the court that ordered the person's commitment to the facility and copies of the reports shall be submitted to such other persons as the court may direct. "(2) The director of the facility in which a person is hospitalized pursuant to section 4241, 4243, 4244, 4245, or 4246 shall inform such person of any rehabilitation programs that are available for persons hospitalized in that facility. "(f) VIDEOTAPE RECORD.^Upon written request of defense counsel, the court may order a videotape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to subsection (e). Such videotape record shall be submitted to the court along with the periodic report. "(g) HABEAS CORPUS UNIMPAIRED.—Nothing contained in section 4243 or 4246 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegal- ity of his detention. "(h) DISCHARGE.—Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate pursuant to the provisions of subsection (e) of section 4241, 4243, 4244, 4245, or 4246, counsel for the person or his legal guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred and eighty days of a court determi-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2067 nation that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the attorney for the Government, "(i) AUTHORITY AND RESPONSIBILITY OF THE ATTORNEY GENERAL.— The Attorney General— "(A) may contract with a State, a political subdivision, a locality, or a private agency for the confinement, hospitaliza- tion, care, or treatment of, or the provision of services to, a person committed to his custody pursuant to this chapter; "(B) may apply for the civil commitment, pursuant to State law, of a person committed to his custody pursuant to section 4243 or 4246; "(C) shall, before placing a person in a facility pursuant to the provisions of section 4241, 4243, 4244, 4245, or 4246, consider the suitability of the facility's rehabilitation programs in meeting the needs of the person; and "(D) shall consult with the Secretary of the Department of Health and Human Services in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter. "(j) This chapter does not apply to a prosecution under an Act of Congress applicable exclusively to the District of Columbia or the Uniform Code of Military Justice.". (b) The item relating to chapter 313 in the chapter analysis of part III of title 18, United States Code, is amended to read as follows: "313. Offenders with mental disease or defect.". SEC. 404. Rule 12.2 of the Federal Rules of Criminal Procedure is 18 use app. amended— (a) by deleting "crime" in subdivision (a) and inserting in lieu thereof "offense"; (b) by deleting "other condition bearing upon the issue of whether he had the mental state required for the offense charged" in subdivision (b) and inserting in lieu thereof "any other mental condition bearing upon the issue of guilt"; (c) by deleting "to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court" in subdivi- sion (c) and inserting in lieu thereof "to an examination pursu- ant to 18 U.S.C. 4242"; and (d) by deleting "mental state" in subdivision (d) and inserting in lieu thereof "guilt". SEC. 405. Section 3006A of title 18, United States Code, is amended— (a) in subsection (a), by deleting "or, (4)" and substituting "(4) whose mental condition is the subject of a hearing pursuant to chapter 313 of this title, or (5)"; and (b) in subsection (g), by deleting "or section 4245 of title 18". SEC. 406. Rule 704 of the Federal Rules of Evidence is amended to 28 use app. read as follows: "Rule 704. Opinion on ultimate issue "(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
98 STAT. 2068 PUBLIC LAW 98-473—OCT. 12, 1984 "(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.". Controlled CHAPTER V—DRUG ENFORCEMENT AMENDMENTS Substances Penalties Amendments PART A—CONTROLLED SUBSTANCES PENALTIES Act of 1984. 21 u s e 801 note. SEC. 501. This chapter may be cited as the "Controlled Substances Penalties Amendments Act of 1984". SEC. 502. Subsection (b) of section 401 of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— (1) in paragraph (1), by— (A) redesignating subparagraphs (A) and (B) as subpara- graphs (B) and (C), respectively, and inserting after "(1)" a new subparagraph to read as follows: "(A) In the case of a violation of subsection (a) of this section involving— "(i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of— "(I) coca leaves; "(II) a compound, manufacture, salt, derivative, or prepa- ration of coca leaves; or "(III) a substance chemically identical thereto; "(ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug; "(iii) 500 grams or more of phencyclidine (PCP); or "(iv) 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a 21 u s e 951. felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both"; (B) in subparagraph (B), as redesignated above, by— (i) striking out "which is a narcotic drug" in the first sentence and inserting in lieu thereof "except as pro- vided in subparagraphs (A) and (C)," (ii) striking out "$25,000" and "$50,000" and insert- ing in lieu thereof "$125,000" and "$250,000", respec- tively; and (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country"; and ' (C) in subparagraph (C), as redesignated above, by— (i) striking out "a controlled substance in schedule I or II which is not a narcotic drug" and ", (5), and (6)" and inserting in lieu thereof "less than 50 kilograms of
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2069 marihuana, 10 kilograms of hashish, or one kilogram of hashish oil" and "and (5)", respectively; (ii) striking out "$15,000" and "$30,000" and insert- ing in lieu thereof "$50,000" and "$100,000", respec- tively; and (iii) striking out "of the United States" in the second sentence and inserting in lieu thereof "of a State, the United States, or a foreign country"; (2) in paragraph (2), by— (A) striking out "$10,000" and "$20,000" and inserting in lieu thereof "$25,000" and "$50,000", respectively; and (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country"; (3) in paragraph (3), by— (A) striking out "$5,000" and "$10,000" and inserting in lieu thereof "$10,000" and "$20,000", respectively; and (B) striking out "of the United States" and inserting in lieu thereof "of a State, the United States, or a foreign country"; (4) in paragraph (4), by striking out "(1)(B)" and inserting in lieu thereof "(1)(C)"; (5) by striking out paragraphs (5) and (6); (6) by adding at the end thereof the following: "(5) Notwithstanding paragraph (1), any person who violates subsection (a) by cultivating a controlled substance on Federal property shall be fined not more than— "(A) $500,000 if such person is an individual; and "(B) $1,000,000 if such person is not an individual.". SEC. 503. (a) Part D of the Controlled Substances Act is amended by adding after section 405 of the following new section: "DISTRIBUTION IN OR NEAR SCHOOLS "SEC. 405A. (a) Any person who violates section 401(a)(1) by dis- Penalties, tributing a controlled substance in or on, or within one thousand 21 USC 845a. feet of, the real property comprising a public or private elementary ^^ ^^^ ^'*^- or secondary school is (except as provided in subsection (b)) punish- able (1) by a term of imprisonment, or fine, or both up to twice that authorized by section 841(b) of this title; and (2) at least twice any Ante, p. 2068. special parole term authorized by section 401(b) for a first offense involving the same controlled substance and schedule. "(b) Any person who violates section 401(a)(1) by distributing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary or second- ary school after a prior conviction or convictions under subsection (a) have become final is punishable (1) by a term of imprisonment of not less than three years and not more than life imprisonment and (2) at least three times any special term authorized by section 401(b) for a second or subsequent offense involving the same controlled substance and schedule. "(c) In the case of any sentence imposed under subsection (b), imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under sub- section (b) shall not be eligible for parole under section 4202 of title 18 of the United States Code until the individual has served the Ante, p. 2027. minimum sentence required by such subsection.".
98 STAT. 2070 PUBLIC LAW 98-473—OCT. 12, 1984 (b)(1) Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by inserting "or 405A" after "405". (2) Section 401(c) of such Act is amended by inserting "405A" after "405" each place it occurs. (3) Section 405 of such Act (21 U.S.C. 845) is amended by striking out "Any" in subsections (a) and (b) and inserting in Heu thereof "Except as provided in section 405A, any". SEC. 504. Subsection (b) of section 1010 of the Controlled Sub- stances Import and Export Act (21 U.S.C. 960(b)) is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and inserting after "(b)" a new paragraph to read as follows: "(1) In the case of a violation under subsection (a) of this section involving— "(A) 100 grams or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of^ "(i) coca leaves; "(ii) a compound, manufacture, salt, derivative, or prepa- ration of coca leaves; or "(iii) a substance chemically identical thereto; "(B) a kilogram or more of any other narcotic drug in sched- ule I or II; "(C) 500 grams or more of phencyclidine (PCP); "(D) 5 grams or more of lysergic acid diethylamide (LSD); the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both."; (2) in paragraph (2), as redesignated above, by— (A) striking out "narcotic drug in schedule I or II, the person committing such violation shall" and inserting in lieu thereof "controlled substance in schedule I or II, the perfion committing such violation shall, except as provided in paragraphs (1) and (3),"; and (B) striking out "$25,000" and inserting in lieu thereof "$125,000"; (3) in paragraph (3), as redesignated above, by— (A) striking out "a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall" and inserting in lieu thereof "less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as pro- vided in paragraph (4)"; and (B) striking out "$15,000" and substituting "$50,000". SEC. 505. Section 1012 of the Controlled Substances Import and Export Act (21 U.S.C. 962) is amended by striking out "the United States" in subsection (b) and inserting in lieu thereof "a State, the United States, or a foreign country". Dangerous P A R T B—DIVERSION CONTROL AMENDMENTS Drug Diversion Control Act of SEC. 506. (a) This part may be cited as the "Dangerous Drug 18 use 801 note Diversion Control Act of 1984". (b) Whenever in sections 507 through 519 an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2071 section or other provision of the Controlled Substances Act, and 21 USC 801 note. whenever in sections 520 through 525 an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Controlled Substances Import and Export Act. 21 u s e 951 note. SEC. 507. (a) Section 102 (21 U.S.C. 802) is amended by redesignat- ing paragraphs (14) through (29) as paragraphs (15) through (30), respectively, and by adding after paragraph (13) the following: "(14) The term 'isomer' means the optical isomer, except as used in schedule 1(c) and schedule II(aX4). As used in schedule 1(c), the term 'isomer' means the optical, positional, or geometric isomer. As used in schedule II(aX4), the term 'isomer' means the optical or geometric isomer.". (b) Paragraph (17) (£is so redesignated) of section 102 is amended to read as follows: "(17) The term 'narcotic drug' means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: "(A) Opium, opiates, derivatives of opium and opiates, includ- ing their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alka- loids of opium. "(B) Poppy straw and concentrate of poppy straw. "(C) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed. "(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers. "(E) Ecgonine, its derivatives, their salts, isomers, and salts of isomers. "(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subpara- graphs (A) through (E).". (c) Paragraph (a)(4) of schedule II is amended by inserting after 21 USC 812. "coca leaves" the first time it appears the following: "(including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives)". SEC. 508. Section 201 (21 U.S.C. 811) is amended by adding a new subsection (h) as follows: "(hXD If the Attorney General finds that the scheduling of a substance in schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety, he may, by order and without regard to the requirements of subsection (b) relating to the Secretary of Health and Human Services, schedule such substance in schedule I if the substance is not listed in any other schedule in section 202 or if no exemption or approval is in effect for the 21 USC 821. substance under section 505 of the Federal Food, Drug, and Cosmetic Act. Such an order may not be issued before the expiration of thirty 21 USC 355. days from— Federal "(A) the date of the publication by the Attorney General of a pubUcation notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued, and
98 STAT. 2072 PUBLIC LAW 98-473—OCT. 12, 1984 "(B) the date the Attorney General has transmitted the notice required by paragraph (4). "(2) The scheduling of a substance under this subsection shall expire at the end of one year from the date of the issuance of the order scheduling such substance, except that the Attorney General may, during the pendency of proceedings under subsection (a)(1) with respect to the substance, extend the temporary scheduling for up to six months. "(3) When issuing an order under paragraph (1), the Attorney General shall be required to consider, with respect to the finding of an imminent hazard to the public safety, only those factors set forth in paragraphs (4), (5), and (6) of subsection (c), including actual abuse, diversion from legitimate channels, and clandestine importa- tion, manufacture, or distribution. "(4) The Attorney General shall transmit notice of an order proposed to be issued under paragraph (1) to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments sub- mitted by the Secretary in response to a notice transmitted pursu- ant to this paragraph. "(5) An order issued under paragraph (1) with respect to a substance shall be vacated upon the conclusion of a subsequent rulemaking proceeding initiated under subsection (a) with respect to such substance. "(6) An order issued under paragraph (1) is not subject to judicial review.". SEC. 509. (a) Section 201(g) (21 U.S.C. 811(g)) is amended by adding at the end the following: "(3) The Attorney General may, by regulation, exempt any com- pound, mixture, or preparation containing a controlled substance from the application of all or any part of this title if he finds such compound, mixture, or preparation meets the requirements of one of the following categories: "(A) A mixture, or preparation containing a nonnarcotic con- trolled substance, which mixture or preparation is approved for prescription use, and which contains one or more other active ingredients which are not listed in any schedule and which are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse. "(B) A compound, mixture, or preparation which contains any controlled substance, which is not for administration to a human being or animal, and which is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for 3.bllSG (b) Section 202(d) (21 U.S.C. 812(d)) is repealed. SEC. 510. Section 302(a) (21 U.S.C. 822(a)) is amended to read as follows: "(aXD Every person who manufactures or distributes any con- trolled substance, or who proposes to engage in the manufacture or distribution of any controlled substance, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by him. "(2) Every person who dispenses, or who proposes to dispense, any controlled substance, shall obtain from the Attorney General a registration issued in accordance with the rules and regulations promulgated by him. The Attorney General shall, by regulation.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2073 determine the period of such registrations. In no event, however, shall such registrations be issued for less than one year nor for more than three years.". SEC. 511. Section 303(f) (21 U.S.C. 823(f)) is amended to read as follows: "(f) The Attorney General shall register practitioners (including pharmacies, as distinguished from pharmacists) to dispense, or con- duct research with, controlled substances in schedule II, III, IV, or V, if the applicant is authorized to dispense, or conduct research with respect to, controlled substances under the laws of the State in which he practices. The Attorney General may deny an application for such registration if he determines that the issuance of such registration would be inconsistent with the public interest. In deter- mining the public interest, the following factors shall be considered: "(1) The recommendation of the appropriate State licensing board or professional disciplinary authority. "(2) The applicant's experience in dispensing, or conducting research with respect to controlled substances. "(3) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. "(4) Compliance with applicable State, Federal, or local laws relating to controlled substances. "(5) Such other conduct which may threaten the public health and safety. Separate registration under this part for practitioners engaging in research with controlled substances in schedule 11, III, IV, or V, who are already registered under this part in another capacity, shall not be required. Registration applications by practitioners wishing to Research and conduct research with controlled substances in schedule I shall be development, referred to the Secretary, who shall determine the qualifications and competency of each practitioner requesting registration, as well as the merits of the research protocol. The Secretary, in determining the merits of each research protocol, shall consult with the Attorney General as to effective procedures to adequately safeguard against diversion of such controlled substances from legitimate medical or scientific use. Registration for the purpose of bona fide research with controlled substances in schedule I by a practitioner deemed qualified by the Secretary may be denied by the Attorney General only on a ground specified in section 304(a). Article 7 of the Conven- Infra. tion on Psychotropic Substances shall not be construed to prohibit, 32 UST 543. or impose additional restrictions upon, research involving drugs or other substances scheduled under the convention which is conducted in conformity with this subsection and other applicable provisions of this title.". SEC. 512. Section 304(a) (21 U.S.C. 824(a)) is amended— (1) by inserting before the period in paragraph (3) the follow- ing: "or has had the suspension, revocation, or denial of his registration recommended by competent State authority"; and (2) by striking out "or" at the end of paragraph (2), by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or", and by adding after paragraph (3) the following: "(4) has committed such acts as would render his registration under section 303 inconsistent with the public interest as deter- 21 USC 828. mined under such section.". SEC. 513. Section 304 (21 U.S.C. 824) is amended by adding at the end the following:
98 STAT. 2074 PUBLIC LAW 98-473—OCT. 12, 1984 "(g) The Attorney General may, in his discretion, seize or place under seal any controlled substances owned or possessed by a regis- trant whose registration has expired or who has ceased to practice or do business in the manner contemplated by his registration. Such controlled substances shall be held for the benefit of the registrant, or his successor in interest. The Attorney General shall notify a registrant, or his successor in interest, who has any controlled substance seized or placed under seal of the procedures to be fol- lowed to secure the return of the controlled substance and the conditions under which it will be returned. The Attorney General may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of one hundred and eighty days from the date such substance was seized or placed under seal.". SEC. 514. (a) Section 307(cXlXA) (21 U.S.C. 827(CX1)(A)) is amended to read as follows: "(A) to the prescribing of controlled substances in schedule II, III, IV, or V by practitioners acting in the lawful course of their professional practice unless such substance is prescribed in the course of maintenance or detoxification treatment of an individ- ual; or", (b) Section 307(cXlXB) (21 U.S.C. 827(cXlXB)) is amended to read as follows: "(B) to the administering of a controlled substance in schedule II, III, IV, or V unless the practitioner regularly engages in the dispensing or administering of controlled substances and charges his patients, either separately or together with charges for other professional services, for substances so dispensed or administered or unless such substance is administered in the course of maintenance treatment or detoxification treatment of an individual;". SEC. 515. Section 307 (21 U.S.C. 827) is further amended by adding at the end a new subsection (g) as follows: "(g) Every registrant under this title shall be required to report any change of professional or business address in such manner as the Attorney General shall by regulation require.". SEC. 516. Section 403(aX2) (21 U.S.C. 843(aX2)) is amended to read as follows: "(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person.". SEC. 517. (a) Section 503(a) (21 U.S.C. 873(a)) is amended by strik- ing out "and" at the end of paragraph (4), by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and" and by adding at the end the following: "(6) assist State and local governments in suppressing the diversion of controlled substances from legitimate medical, sci- entific, and commercial channels by— "(A) making periodic assessments of the capabilities of State and local governments to adequately control the di- version of controlled substances; "(B) providing advice and counsel to State and local governments on the methods by which such governments may strengthen their controls against diversion; and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2075 "(C) establishing cooperative investigative efforts to con- trol diversion." (b) Section 503 is amended by adding at the end the following: 21 use 873. "(d)(1) The Attorney General may make grants, in accordance Grants, with paragraph (2), to State and local governments to assist in meeting the costs of— "(A) collecting and analyzing data on the diversion of con- trolled substances, "(B) conducting investigations and prosecutions of such diversions, "(C) improving regulatory controls and other authorities to control such diversions, "(D) programs to prevent such diversions, "(E) preventing and detecting forged prescriptions, and "(F) training law enforcement and regulatory personnel to improve the control of such diversions. "(2) No grant may be made under paragraph (1) unless an applica- tion therefor is submitted to the Attorney General in such form and manner as the Attorney General may prescribe. No grant may exceed 80 per centum of the costs for which the grant is made, and no grant may be made unless the recipient of the grant provides assurances satisfactory to the Attorney General that it will obligate funds to meet the remaining 20 per centum of such costs. The Report. Attorney General shall review the activities carried out with grants under paragraph (1) and shall report annually to Congress on such activities. "(3) To carry out this subsection there is authorized to be appro- Appropriation priated $6,000,000 for fiscal year 1985 and $6,000,000 for fiscal year authorization. 1986.". SEC. 518. Section 511(a) (21 U.S.C. 881(a)) is amended by inserting Ante, p. 2050. the following new paragraph: "(8) All controlled substances which have been possessed in violation of this title.". SEC. 519. Section 1002(a)(1) (21 U.S.C. 952(a)(1)) is amended to read as follows: "(1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves as the Attorney General finds to be necessary to provide for medical, scientific, or other legiti- mate purposes, and". SEC. 520. Section 1002(a)(2) (21 U.S.C. 952(a)(2)) is amended by striking out "or" at the end of subparagraph (A), by adding "or" at the end of subparagraph (B), and by adding the following after subparagraph (B): "(C) in any case in which the Attorney General finds that such controlled substance is in limited quantities exclu- sively for scientific, analytical, or research uses,". SEC. 521. Section 1002(b)(2) (21 U.S.C 952(b)(2)) is amended to read as follows: "(2) is imported pursuant to such notification, or declaration, or in the case of any nonnarcotic controlled substance in sched- ule III, such import permit, notification, or declaration, as the Attorney General may by regulation prescribe, except that if a nonnarcotic controlled substance in schedule IV or V is also listed in schedule I or II of the Convention on Psychotropic Substances it shall be imported pursuant to such import permit 32 UST 543. requirements, prescribed by regulation of the Attorney General, as are required by the Convention.".
98 STAT. 2076 PUBLIC LAW 98-473—OCT. 12, 1984 SEC. 522. Section 1003(e) (21 U.S.C. 953(e)) is amended to read as follows: "(e) It shall be unlawful to export from the United States to any other country any nonnarcotic controlled substance in schedule III or IV or any controlled substances in schedule V unless— "(1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination for consumption for medical, scientific, or other legitimate purposes; "(2) it is exported pursuant to such notification or declaration, or in the case of any nonnarcotic controlled substance in sched- ule III, such export permit, notification, or declaration as the Attorney General may by regulation prescribe; and "(3) in the case of a nonnarcotic controlled substance in schedule IV or V which is also listed in schedule I or II of the 32 UST 543. Convention on Psychotropic Substances, it is exported pursuant to such export permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention.". SEC. 523. Section 1007(a)(2) (21 U.S.C. 957(a)(2)) is amended to read as follows: "(2) export from the United States any controlled substance in schedule I II, III IV or V ". SEC. 524. Section 1008(b) (21 U.S.C. 958(b)) is amended to read as follows: "(b) Registration granted under this section shall not entitle a registrant to import or export controlled substances other than specified in the registration.". SEC. 525. Section 1008 (21 U.S.C. 958) is further amended by redesignating subsections (d), (e), (0, (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively, and— (1) by inserting after subsection (c) the following new subsec- tion (d): "(dXl) The Attorney General may deny an application for registra- tion under subsection (a) if he is unable to determine that such registration is consistent with the public interest (as defined in subsection (a)) and with the United States obligations under interna- tionsil treaties, conventions, or protocols in effect on the effective date of this part. "(2) The Attorney General may deny an application for registra- tion under subsection (c), or revoke or suspend a registration under subsection (a) or (c), if he determines that such registration is inconsistent with the public interest (as defined in subsection (a) or (c)) or with the United States obligations under international trea- ties, conventions, or protocols in effect on the effective date of this part. "(3) The Attorney General may limit the revocation or suspension of a registration to the particular controlled substance, or sub- stances, with respect to which grounds for revocation or suspension exist. "(4) Before taking action pursuant to this subsection, the Attorney General shall serve upon the applicant or registrant an order to show cause as to why the registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General, or his designee, at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2077 suspend shall be conducted pursuant to this subsection in accord- ance with subchapter II of chapter 5 of title 5 of the United States 5 USC 551. Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. "(5) The Attorney General may, in his discretion, suspend any registration simultaneously with the institution of proceedings under this subsection, in cases where he finds that there is an imminent danger to the public health and safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Attorney General or dissolved by a court of competent jurisdiction. "(6) In the event that the Attorney General suspends or revokes a registration granted under this section, all controlled substances owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Attorney General, be seized or placed under seal. No disposition may be made of any controlled substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, except that a court, upon application therefor, may at any time order the sale of perishable controlled substances. Any such order shall re- quire the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances (or proceeds of the sale thereof which have been deposited with the court) shall be forfeited to the United States; and the Attorney General shall dispose of such controlled substances in accordance with section 511(e) of the Controlled Substances Act."; and Ante, p. 2051. (2) by striking our "304," in the second sentence of redesig- nated subsection (e). CHAPTER VI DIVISION I—JUSTICE ASSISTANCE Justice Assistance Act of Subdivision A—Amendments to Omnibus Crime Control and Safe Streets Act of 1968 SHORT TITLE SEC. 601. This division may be cited as the "Justice Assistance Act 42 use 3711 of 1 9 8 4 " . note. DECLARATION AND PURPOSE SEC. 602. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3799) is amended in the matter preced- 42 USC 3701. ing part A by striking out the declaration and purpose. OFFICE OF JUSTICE PROGRAMS SEC. 603. (a) Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711-3713) is amended to read as follows—
98 STAT. 2078 PUBLIC LAW 98-473—OCT. 12, 1984 "PART A—OFFICE OF JUSTICE PROGRAMS "ESTABUSHMENT OF OFFICE OF JUSTICE PROGRAMS 42 use 3711. "SEC. 101. There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this title as the 'Office') shall be headed by an Assistant Attorney General (hereinafter in this title referred to as the 'Assistant Attorney General') appointed by the President, by and with the advice and consent of the Senate. "DUTIES AND FUNCTIONS OF ASSISTANT ATTORNEY GENERAL 42 use 3712. "SEC. 102. (a) The Assistant Attorney General shall— "(1) publish and disseminate information on the conditions and progress of the criminal justice systems; "(2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice; "(3) provide information to the President, the Congress, the judiciary. State and local governments, and the general public relating to criminal justice; "(4) maintain liaison with public and private educational and research institutions, State and local governments, and govern- ments of other nations relating to criminal justice; "(5) provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Insti- tute of Justice, the Bureau of Justice Statistics, and the Office of Juvenile Justice and Delinquency Prevention; and "(6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this title or by delegation of the Attorney General. Report. "(b) The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year.". NATIONAL INSTITUTE OF JUSTICE SEC. 604. (a) Section 201 of part B of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3721) is amended— (1) in paragraph (3) by inserting "and" at the end thereof, (2) by striking out paragraph (4), (3) by redesignating paragraph (5) as paragraph (4), (4) by striking out "to develop alternatives to judicial resolu- tion of disputes,", and (5) by inserting "and demonstrate" after "to develop". (b) Section 202 of part B of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended— (1) in subsection (b) by inserting after the second sentence the following: "The Director shall report to the Attorney General through the Assistant Attorney General.", and (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A) by striking out ", including programs authorized by section 103 of this title", and (ii) in subparagraph (E) by striking out "the preven- tion and reduction of parental kidnaping", and
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2079 (B) in paragraph (3) by striking out "part" and inserting in lieu thereof "title", (C) by striking out paragraph (4), (D) in paragraph (10)— (i) by striking out "national priority grants under part E and", and (ii) by striking out "part F" and inserting in lieu thereof "part E", (E) by striking out paragraph (9), and (F) by redesignating paragraphs (5), (6), (7), (8), (10), and (11) as paragraphs (4), (5), (6), (7), (8), and (9), respectively. (c) Part B of title I of the Omnibus Crime Control and Safe Streets Repeal. Act of 1968 (42 U.S.C. 3721-3724) is amended by striking out section 42 use 3724. 204. BUREAU OF JUSTICE STATISTICS SEC. 605. (a) The first sentence of section 301 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731) is amended— (1) by striking out "(including white-collar crime and public corruption)", and (2) by striking out "(including crimes against the elderly, white-collar crime, and public corruption)". (b) Section 302 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended— (1) in subsection Ot>) by inserting after the third sentence the following: "The Director shall report to the Attorney General through the Assistant Attorney General.", (2) in subsection (c)— (A) by striking out paragraphs (13) and (16), (B) by redesignating paragraphs (14), (15), and (17) as paragraphs (16), (17), and (19), respectively, (C) by inserting after paragraph (12) the following new paragraphs: "(13) provide for the development of justice information sys- tems programs and assistance to the States and units of local government relating to collection, analysis, or dissemination of justice statistics; "(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and dissemination of information on the incidence of crime and the operation of the criminal justice system; "(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on issues of Federal justice interest such as public fraud and high technol- ogy crime) and to provide technical assistance to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;", and (D) by inserting after paragraph (17), as so redesignated, the following new paragraph: "(18) ensure conformance with security and privacy require- ment of section 812 and identify, analyze, and participate in the Post, p. 2093. development and implementation of privacy, security and infor- mation policies which impact on Federal and State criminal justice operations and related statistical activities; and", and, (3) in subsection (d)—
98 STAT. 2080 PUBLIC LAW 98-473—OCT. 12, 1984 (A) in paragraph (1) by inserting ", and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis" before the semicolon, (B) in paragraph (3) by striking out "and" at the end thereof, (C) in paragraph (4) by striking out the period at the end thereof and inserting in lieu thereof a "; and", and (D) by inserting after paragraph (4) the following new paragraph: "(5) encourage replication, coordination and sharing among justice agencies regarding information systems, information policy, and data. Repeal. (c) Part C of title I of the Omnibus Crime Control and Safe Streets 42 u s e 3734. Act of 1968 (42 U.S.C. 3731-3735) is amended by striking out section 304. (d) Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731-3735) is amended by redesignating 42 u s e 3735. section 305 as section 304. BLOCK GRANTS SEC. 606. Part D of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741-3745) is amended to read as follows: "PART D—BLOCK GRANTS ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE 42 use 3741. "SEC. 401. (a) There is established within the Department of Justice, under the general authority of the Attorney General, a Post, pp. 2086, Bureau of Justice Assistance (hereinafter in this part and part E 2087. referred to as the 'Bureau'). "(b) The Bureau shall be headed by a Director (hereinafter in this part and part E referred to as the 'Director') who shall be appointed Report. by the Attorney General. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this title. DUTIES AND FUNCTIONS OF DIRECTOR 42 use 3742. "SEC. 402. The Director shall— "(1) provide funds to eligible States, units of local government and private nonprofit organizations pursuant to this part and part E; "(2) establish priorities for programs in accordance with part E and, following public announcement of such priorities, award and allocate funds and technical assistance in accordance with the criteria of part E and on terms and conditions determined by the Director to be consistent with part E; "(3) cooperate with and provide technical assistance to States, units of local government, and other public and private organi-
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2081 zations or international agencies involved in criminal justice activities; "(4) provide for the development of technical assistance and training programs for State and local criminal justice agencies and foster local participation in such activities; "(5) encourage the targeting of State and local resources on efforts to reduce the incidence of violent crime and on programs relating to the apprehension and prosecution of repeat offenders; "(6) establish and carry on a specific and continuing program of cooperation with the States and units of local government designed to encourage and promote consultation and coordina- tion concerning decisions made by the Bureau affecting State and local criminal justice priorities; and "(7) exercise such other powers and functions as may be vested in the Director pursuant to this title. "DESCRIPTION OF PROGRAM "SEC. 403. (a) It is the purpose of this part to assist States and 42 use 3743. units of local government in carrying out specific programs which offer a high probability of improving the functioning of the criminal justice system, with special emphasis on violent crime and serious offenders. The Bureau is authorized to make grants under this part Grants. to States for the purpose of— "(1) providing community and neighborhood programs that enable citizens and police to undertake initiatives to prevent and control neighborhood crime; "(2) disrupting illicit commerce in stolen goods and property; "(3) combating arson; "(4) effectively investigating and bringing to trial white-collar crime, organized crime, public corruption crimes, and fraud against the Government; "(5) identifying criminal cases involving persons (including juvenile offenders) with a history of serious criminal conduct in order to expedite the processing of such cases and to improve court system management and sentencing practices and proce- dures in such cases; "(6) developing and implementing programs which provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes; "(7) providing alternatives to pretrial detention, jail, and prison for persons who pose no danger to the community; "(8) providing programs which identify and meet the needs of drug-dependent offenders; "(9) providing programs which alleviate prison and jail over- crowding and programs which identify existing State and Federal buildings suitable for prison use; "(10) providing training, management, and technical assist- ance to criminal justice personnel and determining appropriate prosecutorial and judicial personnel needs; "(11) providing prison industry projects designed to place inmates in a realistic working and training environment in which they will be enabled to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution;
98 STAT. 2082 PUBLIC LAW 98-473—OCT. 12, 1984 "(12) providing for operational information systems and work- load management systems which improve the effectiveness of criminal justice agencies; "(13) providing programs of the same types as programs described in section 501(a)(4)— "(A) which the Director establishes, under section 503(a), as discretionary programs for financial assistance under Post, pp. 2086, part E; and 2087. "(B) which are innovative and have been deemed by the Director as likely to prove successful; "(14) implement programs which address critical problems of crime, such as drug trafficking, which have been certified by the Director, after consultation with the Director of the National Institute of Justice, Director of the Bureau of Justice Statistics, and Administrator of the Office of Juvenile Justice and Delin- quency Prevention, as having proved successful; "(15) providing programs which address the problem of seri- ous offenses committed by juveniles; "(16) addressing the problem of crime committed against the elderly; "(17) providing training, technical assistance, and programs to assist State and local law enforcement authorities in rural areas in combating crime, with particular emphasis on violent crime, juvenile delinquency, and crime prevention; and "(18) improving the operational effectiveness of law enforce- ment by integrating and maximizing the effectiveness of police field operations and the use of crime analysis techniques. Effective date. "(b)(1) For any fiscal year ending after September 30, 1984, the Federal portion of any grant made under this part shall be 50 per centum of the cost of programs and projects specified in the applica- tion of such grant, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as deter- mined by the Secretary of the Interior) for any program or project described in subsection (a), the Federal portion shall be 100 per centum of such cost. "(2) The non-Federal portion of the cost of such program or project shall be in cash. "(c) No funds may be given under this title to a grant recipient for a program or project for which funds have been given under this title for four years (in the aggregate), including any period occurring before the effective date of this subsection. ELIGIBILITY Appropriation "SEC. 404. The Bureau is authorized to make financial assistance authorization. under this part available to a State to enable it to carry out all or a 42 u s e 3744. substantial part of a program or project submitted and approved in accordance with the provisions of this part. APPLICATIONS Prohibition. "SEC. 405. No grant may be made by the Bureau to a State, or by a 42 use 3745. State to an eligible recipient pursuant to this part, unless the application for such grant sets forth criminal justice programs and projects covering a two-year period which meet the purposes of section 403(a) of this title, designates which purpose specified in section 403(a) each such program or project is intended to achieve,
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2083 and identifies the State agency or unit of local government which will implement each such program or project. This application must be amended annually if new programs are to be added to the application or if the programs contained in the original application are not implemented. The application must include— "(1) an assurance that following the first fiscal year covered by an application and each fiscal year thereafter, the applicant shall submit to the Bureau or to the State, as the case may be— Report. "(A) a performance report concerning the activities car- ried out pursuant to this part and part E; and Post, pp. 2086, "(B) an assessment by the applicant of the impact of those 2087. activities on the purposes of this part and the needs and objectives identified in the applicant's statement; "(2) a certification that Federal funds made available under this title will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for criminal justice activities; "(3) an assurance that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Bureau shall prescribe shall be provided to assure fiscal control, proper management, and efficient dis- bursement of funds received under this title; "(4) an assurance that the applicant shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Bureau may reasonably require to administer other provisions of this title; "(5) a certification that its programs meet all the require- ments of this section, that all the information contained in the application is correct, that there has been appropriate coordina- tion with affected agencies, and that the applicant will comply with all provisions of this title and all other applicable Federal laws (such certification shall be made in a form acceptable to the Bureau and shall be executed by the chief executive or such other officer of the applicant qualified under regulations pro- mulgated by the Office); "(6) if the applicant is a State, an assurance that not more than 10 per centum of the aggregate amount of funds received by a State under this part for a fiscal year will be distributed for programs and projects designated as intended to achieve the purpose specified in section 403(a)(13); "(7) an assurance that the State will take into account the needs and requests of units of general local government in the State and encourage local initiative in the development of programs which meet the purposes of Section 408(a); "(8) an assurance that the State application described in this Effective date. section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amend- ment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 60-day period beginning on the date such application or amendment is so submitted); and "(9) an assurance that the State application and any amend- ment thereto was made public before submission to the Bureau and, to the extent provided under State law or established
98 STAT. 2084 PUBLIC LAW 98-473—OCT. 12, 1984 procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. ' r REVIEW OF APPLICATIONS 42 u s e 3746. "SEC. 406. (a) The Bureau shall provide financial assistance to each State applicant under this part to carry out the programs or projects submitted by such applicant upon determining that— "(1) the application or amendment thereto is consistent with the requirements of this title; and "(2) before the approval of the application and any amend- ment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in Ante, p. 2082. accordance with section 405. Effective date. Each application or amendment made and submitted for approval to the Bureau pursuant to section 405 of this title shall be deemed approved, in whole or in part, by the Bureau not later than sixty days after first received unless the Bureau informs the applicant of specific reasons for disapproval. "(b) The Bureau shall suspend funding for an approved applica- tion in whole or in part if such application contains a program or project which has failed to conform to the requirements of this part Ante, p. 2081. or purposes of section 403(a) of this title. The Bureau may make appropriate adjustments in the amounts of grants in accordance with its findings pursuant to this subsection. Prohibitions. "(c) Grant funds awarded under this part shall not be used for— "(1) the purchase of equipment or hardware, or the payment of personnel costs, unless the cost of such purchases and pay- ments is incurred as an incidental and necessary part of a program under section 403(a) of this title; "(2) programs which have as their primaiy purpose general salary payments for employees or classes of employees within an eligible jurisdiction, except for the compensation of person- nel for time engaged in conducting or undergoing training programs or the compensation of personnel engaged in re- search, development, demonstration, or short-term programs; "(3) land acquisition or construction projects; or "(4) programs or projects which, based upon evaluations by the National Institute of Justice, Bureau of Justice Assistance, Bureau of Justice Statistics, State or local agencies, and other public or private organizations, have been demonstrated to offer a low probability of improving the functioning of the criminal Federal justice system. Such programs must be formally identified by a Register, notice in the Federal Register after opportunity for comment. publication. "(d) The Bureau shall not finally disapprove any application, or Public any amendment thereto, submitted to the Director under this part availability. without first affording the applicant reasonable notice and opportu- nity for reconsideration. ALLOCATION AND DISTRIBUTION OF FUNDS 42 u s e 3747. "SEC. 407. (a) Of the total amount appropriated for this part and Post, pp. 2086, part E in any fiscal year, 80 per centum shall be set aside for this 2087. part and allocated to States as follows: "(1) $250,000 shall be allocated to each of the participating States.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2085 "(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. "(b)(1) Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 403(a) of this title that portion of such Ante, p. 2081. funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local govern- ment for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government iij such State for criminal justice in such preced- ing fiscal year. "(2) In distributing funds received under this part among urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions with the greatest need. "(3) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State involved. "(4) For purposes of determining the distribution of funds under paragraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. "(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed by the Director or by the State involved for any program other than a program contained in an approved application. "(d) If the Director determines, on the basis of information avail- able to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under this part, or that a State chooses not to participate in the program established by this part, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. "(e) Any funds not distributed under subsections (b) and (d) shall be available for obligation under part E. Post, pp. 2086, 2087. STATE OFFICE "SEC. 408. (a) The chief executive of each participating State shall 42 use 3748. designate a State office for purposes of— "(1) preparing an application to obtain funds under this part; and "(2) administering funds received from the Bureau of Justice Assistance, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. "(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a).".
98 STAT. 2086 PUBLIC LAW 98-473—OCT. 12, 1984 NATIONAL PRIORITY GRANTS Repeal. SEC. 607. Title I of the Omnibus Crime Control and Safe Streets Post, p. 2087. Act of 1968 (42 U.S.C. 3701 et seq.) is amended by striking out part E. 42 use 3751-3755. DISCRETIONARY GRANTS SEC. 608. (a) Sections 601, 602, and 603 of part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Post, p. 2087. 3761-3762) are amended to read as follows: 42 use 3761-3763. "PURPOSE 42 u s e 3761. "SEC. 501. (a) The purpose of this part is to provide additional Federal financial assistance to public agencies and private nonprofit organizations for purposes of— "(1) undertaking educational and training programs for crimi- nal justice personnel; "(2) providing technical assistance to States and local units of governments; "(3) undertaking projects which are national or multi-State in scope and which address the purposes specified in section 403(a) of this title; and "(4) providing financial assistance to public agencies and private nonprofit organizations for demonstration programs which, in view of previous research or experience, are likely to be a success in more than one jurisdiction and are not likely to be funded with moneys from other sources. "(b) In carrying out this part, the Bureau is authorized to make grants, and enter into cooperative agreements and contracts with, public agencies and private nonprofit organizations. " P E R C E N T A G E O F APPROPRIATION FOR DISCRETIONARY GRANT PROGRAM Ante, p. 2080. "SEC. 502. Of the total amount appropriated for part D and this 42 u s e 3762. part in any fiscal year, 20 per centum shall be reserved and set aside for this part in a special discretionary fund for use by the Bureau in carrying out the purposes specified in section 501 of this title. Grants under this part may be made for amounts up to 100 per centum of the costs of the programs or projects contained in the approved application. " P R O C E D U R E F O R E S T A B L I S H I N G DISCRETIONARY PROGRAMS 42 u s e 3763. "SEC. 503. (a) The Director of the Bureau shall periodically estab- lish discretionary programs and projects for financial assistance Expiration date. under this part. Such programs and projects shall be considered priorities for a period of time not to exceed three years from the time of such determination. "(b) The Director shall annually request the National Institute of Justice, the Bureau of Justice Statistics, the Office of Justice Pro- grams, State and local governments, and other appropriate public and private agencies to suggest discretionary programs and projects. The Director shall then, pursuant to regulations, annually publish the proposed priorities pursuant to this part and invite and encour- age public comment concerning such priorities. Priorities shall not be established or modified until the Director has provided at least sixty-days advance notice for such public comment and the Director
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2087 shall encourage and invite recommendations and opinion concern- ing such priorities from appropriate agencies and officials of State and units of local government. After considering any comments submitted during such period of time and after consultation with appropriate agencies and officials of State and units of local govern- ment, the Director shall determine whether existing established priorities should be modified. The Director shall publish in the Federal Federal Register the priorities established pursuant to this part Register, before the beginning of fiscal year 1985 and each fiscal year thereaf- publication. ter for which appropriations will be available to carry out the program.". (b) Section 604 of part F of title I of the Omnibus Crime Control Infra. and Safe Streets Act of 1968 (42 U.S.C. 3764) is amended by striking out "Administration" each place it appears and inserting in lieu thereof "Bureau". (c) Section 605 of part F of title I of the Omnibus Crime Control Infra. and Safe Streets Act of 1968 (42 U.S.C. 3765) is amended to read as follows: "CRITERIA FOR AWARD "SEC. 505. The Bureau shall, in its discretion and according to the criteria, and on the terms and conditions it determines consistent with this part, provide financial assistance to those programs or projects which most clearly satisfy the priorities established under section 503 of this title. In providing such assistance pursuant to this Ante, p. 2086. part, the Bureau shall consider whether certain segments and com- ponents of the criminal justice system have received a disproportion- ate allocation of financial aid and assistance pursuant to other parts of this title, and, if such a finding is made, shall assure the funding of such other segments and components of the criminal justice system as to correct inequities resulting from such disproportionate allocations.". (d) Section 606 of part F of title I of the Omnibus Crime Control Infra. and Safe Streets Act of 1968 (42 U.S.C. 3766) is amended to read as follows: "PERIOD FOR AWARD "SEC. 506. The Bureau may provide financial aid and assistance to Expiration date. programs or projects under this part for a period not to exceed three years. Grants made pursuant to this part may be extended or renewed by the Bureau for an additional period of up to two years if— "(1) an evaluation of the program or project indicates that it has been effective in achieving the stated goals or offers the potential for improving the functioning of the criminal justice system; and "(2) the public agency or private nonprofit organization within which the program or project has been conducted agrees to provide at least one-half of the total cost of such program or project from any source of funds, including Federal grants, available to the eligible jurisdiction.". (e) The heading for part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3761-3766) is amended by striking out "Part F " and inserting in lieu thereof "Part E". (f) Part E, as so redesignated, of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3766) is 42USC3764. amended by redesignating section 604 as section 504.
98 STAT. 2088 PUBLIC LAW 98-473—OCT. 12, 1984 State and local PILOT PROGRAMS FOR CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES governments. SEC. 609. Title I of the Omnibus Crime Control and Safe Streets Ante, p. 2087. Act of 1968 (42 U.S.C. 3701-3799) is amended by inserting after part 42 use E, as so redesignated, the following new part: 3701-3797. "PART F—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM "AUTHORITY FOR PAYMENTS Grants. "SEC. 601. In order to relieve overcrowding and substandard condi- Housing. tions at State and local correctional facilities, the Director of the 42 u s e 3769. Bureau of Justice Assistance (hereinafter in this part referred to as the 'Director') is authorized to make grants to States, units of local government, and combinations of such units to assist in construction of correctional facility projects approved under this part, and in planning to relieve overcrowding and substandard conditions in correctional facilities. "ELIGIBIUTY 42 u s e 3769a. "SEC. 602. (a) A State, unit of local government, or combination of such units shall be eligible for assistance under this part for a correctional facility project only— "(1) if the Director, with the concurrence of the Director of the National Institute of Corrections established in chapter 315 18 u s e 4281 et of title 18, United States Code, has made a determination that seq. such project represents a prototype of new and innovative methods and advanced design that will stand as examples of technology for avoiding delay and reducing costs in correctional facility design, construction, and improvement; and "(2) for not more than one such project in any State per fiscal year. "(b) A State, a unit of local government, or a combination of such units shall be eligible for assistance under this part for the develop- ment of a plan for relieving overcrowding or substandard conditions in correctional facilities operated by the State, a unit of local government, or a combination of such units. Such assistance shall not exceed 50 percent of the cost of developing the plan. "APPUCATION; APPROVAL; PAYMENT 42 u s e 3769b. "SEC. 603. (a) A State, unit of local government, or combination of such units desiring to receive assistance under this part for a correctional facihty project shall submit to the Director an applica- tion which shall include— "(1) reaisonable assurance that the applicant has developed an acceptable plan for reducing overcrowding and improving condi- tions of confinement in its correctional facilities and heis imple- mented, or is in the process of implementing, such plan through legislative, executive, or judicial initiatives; "(2) a detailed description of the correctional facility to be constructed, altered, or expanded, including a description of the site of such facility; "(3) an estimate of the total cost of the construction of such project, including the amount of assistance requested for such project;
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2089 "(4) reasonable assurance that title to such site is or will be vested solely in the applicant, or another agency or instrumen- tality of the applicant; "(5) reasonable assurance that adequate financial support will be available for the construction of the project and for its maintenance and operation when complete; and "(6) reasonable assurance that the applicant will comply with the standards and recommendations of the clearinghouse on the construction and modernization of correctional facilities estab- lished under section 605. "(b)(1) The Director may approve any such application only if the Infra. Director finds that— "(A) there are sufficient funds available to provide the assist- ance requested; "(B) such assistance does not exceed 20 percent of the estimated total cost of construction; "(C) the application contains such reasonable assurances as may be required under subsection (a); and "(D) the eligibility criteria of section 602 are met. "(2) In approving applications under this subsection, the Director Ante, p. 2088. shall consider the numbers and general characteristics of the inmate population (to include factors such as offenders' ages, of- fenses, average term of incarceration, and custody status), and the degree to which the applicant has implemented an inmate classifica- tion system which addresses the need for appropriate security assignment. "(c) Upon approving an application under this section, the Direc- tor shall award the amount of assistance so approved, but in no event an amount greater than 20 percent of the cost of construction of the approved correctional facility project, and shall provide for payment to the applicant or, if designated by the applicant, any agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such install- ments consistent with the progress of construction as the Director may determine. Funds paid under this subsection for the construc- tion of an approved project shall be used solely for carrying out such project as so approved. "(d) An amendment of any application shall be subject to approval in the same manner as an original application. "RECAPTURE PROVISIONS "SEC. 605. If, within 20 years after completion of any correctional Claims. facility project with respect to which assistance has been provided '^^ ^ 3769c. under this section, such facility ceases to be operated as a correc- tional facility, the United States may recover from the recipient of such assistance any amount not to exceed 20 percent of the then current value of such project (but in no event an amount greater than the amount of assistance provided under this part for such project), as determined by agreement with the parties or by action brought in the district court of the United States for the district in which such facility is situated. 31-194 - 0 - 86 - 30 : QL. 3 P a r t 2
98 STAT. 2090 PUBLIC LAW 98-473—OCT. 12, 1984 CLEARINGHOUSE ON THE CONSTRUCTION AND MODERNIZATION OF CRIMINAL JUSTICE FACILITIES Public "SEC. 606. (a) The Director shall provide for the operation of a information. clearinghouse on the construction and modernization of correctional 42 u s e 3769d. facilities, which shall collect, prepare, and disseminate to the public and to interested State and local public agencies information, in- cluding recommendations, pertaining to the construction and mod- ernization of correctional facilities. Such information shall include information regarding— "(1) new and innovative methods and advanced design that will stand as examples of technology for avoiding delay and reducing costs in correctional facility design, construction, and improvement; "(2) ways in which a construction planning program may be used to improve the administration of the criminal justice system within each State; "(3) recommended minimum standards concerning construc- tion materials and methods, to be updated from time to time to reflect technological advances; "(4) the cost effectiveness of available construction materials, methods, and design technologies; "(5) the training of correctional facility personnel; and "(6) health and safety considerations in construction planning. Contracts. "(b) The Director is authorized to enter into contracts with private organizations and interagency agreements with the National Insti- tute of Corrections, the National Institute of Justice, the Bureau of Justice and Statistics, and other appropriate public agencies, to operate the clearinghouse required under this section.". TRAINING AND MANPOWER DEVELOPMENT SEC. 609A. (a) Part G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3771-3775) is amended to read as follows: "PART G—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL TRAINING AND MANPOWER DEVELOPMENT 42 u s e 3771. "SEC. 701. (a) The Director of the Federal Bureau of Investigation is authorized to— Federal Bureau "(1) establish and conduct training programs at the Federal of Investigation Bureau of Investigation National Academy at Quantico, Vir- National Academy, ginia, to provide, at the request of a State or unit of local Quantico, Va. government, training for State and local criminal justice personnel; "(2) develop new or improved approaches, techniques, sys- ' tems, equipment, and devices to improve and strengthen crimi- nal justice; and "(3) assist in conducting, at the request of a State or unit of local government, local and regional training programs for the training of State and local criminal justice personnel engaged in the investigation of crime and the apprehension of criminals. Rural areas. Training for rural criminal justice personnel shall include.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2091 when appropriate, effective use of regional resources and meth- ods to improve coordination among criminal justice personnel in different areas and in different levels of government. Such training shall be provided only for persons actually employed as State police or highway patrol, police of a unit of local govern- ment, sheriffs, and their deputies, and other persons as the State or such unit may nominate for police training while such persons are actually employed as officers of such State or unit. "(b) In the exercise of the functions, powers, and duties estab- lished under this section the Director of the Federal Bureau of Investigation shall be under the general authority of the Attorney General. "(c) Notwithstanding the provisions of subsection (a), the Secre- Federal Law tary of the Treasury is authorized to establish, develop, and conduct Enforcement training programs at the Federal Law Enforcement Training Center Training Center, Glynco, Ga. at Glynco, Georgia, to provide, at the request of a State or unit of local government, training for State and local criminal justice per- sonnel provided that such training does not interfere with the Center's mission to train Federal law enforcement personnel.". ADMINISTRATIVE PROVISIONS SEC. 609B. (a) Part H of title I of the Omnibus Crime Control and Repeal. Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by 42 u s e 3781. striking out section 801. (b) Sections 802 and 803 of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782) are amended to 42 u s e 3782, read as follows: 3783. "CONSULTATION; ESTABLISHMENT OF RULES AND REGULATIONS 42 u s e 3782. "SEC. 801. (a) The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Insti- tute of Justice are authorized, after appropriate consultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are necessary to the exercise of their functions, and as are consistent with the stated purposes of this title. "(b) The Bureau of Justice Assistance shall, after consultation with the National Institute of Justice, the Bureau of Justice Statis- tics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appropriate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected programs or projects conducted pursuant to parts D and E, in order to determine— Ante, pp. 2080, "(1) whether such programs or projects have achieved the 2086, 2087. performance goals stated in the original application, are of proven effectiveness, have a record of proven success, or offer a high probability of improving the criminal justice system; "(2) whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime; "(3) their cost in relation to their effectiveness in achieving stated goals; "(4) their impact on communities and participants; and "(5) their implication for related programs.
98 STAT. 2092 PUBLIC LAW 98-473—OCT. 12, 1984 In conducting evaluations described in this subsection, the Bureau of Justice Assistance shall, when practical, compare the effective- ness of programs conducted by similar applicants and different Report. applicants. The Bureau of Justice Assistance shall also require Ante, p. 2080. applicants under part D to submit an annual performance report concerning activities carried out pursuant to part D together with an assessment by the applicant of the effectiveness of those activi- Ante, p. 2081. ties in achieving the purposes of section 403(a) of this title and the relationships of those activities to the needs and objectives specified by the applicant in the application submitted pursuant to section 403 of this title. The Bureau shall suspend funding for an approved application under part D if an applicant fails to submit such an annual performance report. Paperwork "(c) The procedures established to implement the provisions of reduction. this title shall minimize paperwork and prevent needless duplica- Waste and efficiency. tion and unnecessary delays in award and expenditure of funds at all levels of government. NOTICE AND HEARING ON DENIAL OR TERMINATION OF GRANT 42 use 3783. "SEC. 802. (a) Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics finds that a recipient of assistance under this title has failed to comply substan- tially with— "(1) any provisions of this title; "(2) any regulations or guidelines promulgated under this title; or "(3) any application submitted in accordance with the provi- sions of this title, or the provisions of any other applicable Federal Act; the Director involved shall, until satisfied that there is no longer any such failure to comply, terminate payments to the recipient under this title, reduce payments to the recipient under this title by an amount equal to the amount of such payments which were not expended in accordance with this title, or limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply. "(b) If any grant application submitted under part D of this title has been denied, or any grant under this title has been terminated, then the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, as appropriate, shall notify the applicant of its action and set forth the reason for the action taken. Whenever such an applicant requests a hearing, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations, including hearings on the record in accordance with section 554 of title 5, United States Code, at such times and places as necessary, following appropriate and adequate notice to such applicant; and the findings of fact and determinations made with respect thereto shall be final and conclusive, except as otherwise provided herein. The Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics is authorized to take final action without a hearing if, after an administrative review of the denial of such application or termination of such grant, it is determined that
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2093 the basis for the appeal, if substantiated, would not establish a basis for awarding or continuing of the grant involved. Under such cir- cumstances, a more detailed statement of reasons for the agency action should be made available, upon request, to the applicant. "(c) If the applicant involved is dissatisfied with the findings and determinations of the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics following notice and hearing provided for in subsection (a) of this section, a request may be made for rehearing, under such regulations and procedure as the Bureau of Justice Assistance, the National Insti- tute of Justice, or the Bureau of Justice Statistics may establish, and such applicant shall be afforded an opportunity to present such additional information as may be deemed appropriate and pertinent to the matter involved.". (c) Section 804 of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3784) is amended by striking Infra. out "Law Enforcement Assistance Administration" and inserting in lieu thereof "Bureau of Justice Assistance". (d) Section 805 of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3785) is amended— Infra. (1) by striking out "Office of Justice Assistance, Research, and Statistics, the Law Enforcement Assistance Administration," each place it appears and inserting in lieu thereof "Office of Justice Programs, Bureau of Justice Assistance,", (2) by inserting "the Office of Juvenile Justice and Delin- quency Prevention," before "or the National Institute of Jus- tice" each place it appears, (3) in subsection (a) by striking out "section 803, 804, or 815(c)(2)(G)" and inserting in lieu thereof "section 802, 803, or 809(c)(2)(G)", and (4) in subsection (b) by inserting "the Office of Juvenile Justice and Delinquency Prevention" before "or the Bureau of Justice Statistics". (e) Part H of title I of the Omnibus Crime Control and Safe Streets Repeals. Act of 1968 (42 U.S.C. 3781 et seq.) is amended by striking out 42 use sections 806, 807, 808, 809, 810, 811, 812, 813, 814, 819, and 826. 3786-3789C, 3789h, 37890. (0 Part H of title I of the Omnibus Crime Control and Safe Streets 18 u s e 1761 and Act of 1968 (42 U.S.C. 3781-3789o) is amended by redesignating note; 41 USe 35; sections 804, 805, 815, 816, 817, 818, 820, 821, 822, 823, 824, 825, and post, p. 2103. 42 u s e 3784, 827 as sections 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 3785, 3789d- 818, and 819, respectively. 3789g, 37891- (g) Part H of title I of the Omnibus Crime Control and Safe Streets 3789n. Act of 1968 (42 U.S.C. 3781-3789o) is amended by inserting after 42 use section 804, as so redesignated, the following new sections: 3781-37890. DELEGATION OF FUNCTIONS "SEC. 805. The Attorney General, the Assistant Attorney General, 42 u s e 3786. the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, and the Director of the Bureau of Justice Assistance may delegate to any of their respective officers or employees such functions under this title as they deem appropriate.
98 STAT. 2094 PUBLIC LAW 98-473—OCT. 12, 1984 "SUBPOENA POWER; EMPLOYMENT OF HEARING OFFICERS; AUTHORITY TO HOLD HEARINGS 42 use 3787. "SEC. 806. The Bureau of Justice Assistance, the National Insti- tute of Justice, and the Bureau of Justice Statistics may appoint such hearing examiners or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to section 3344 of title 5, United States Code, as shall be necessary to carry out their respective powers and duties under this title. The Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statis- tics or upon authorization, any member thereof or any hearing examiner or administrative law judge assigned to or employed thereby shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the United States they respectively may designate. " P E R S O N N E L A N D ADMINISTRATIVE AUTHORITY 42 use 3788. "SEC. 807. (a) The Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Institute, and the Director of the Bureau of Justice Statistics are authorized to select, appoint, employ, and fix compensation of such officers and employ- ees as shall be necessary to carry out the powers and duties of the Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics, respectively, under this title. "(b) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are author- ized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of Federal, State, and local agencies to the extent deemed appropriate after giving due consideration to the effectiveness of such existing services, equip- ment, personnel, and facilities. "(c) The Office, the Bureau of Justice Assistance,, the National Institute of Justice, and the Bureau of Justice Statistics may ar- range with and reimburse the heads of other Federal departments and agencies for the performance of any of the functions under this title. "(d) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may pro- cure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable from time to time for GS-18 of the General Schedule under section 5332 of title 5, United States Code. Advisory "(e) The Office, the Bureau of Justice Assistance, the National committees, Institute of Justice, and the Bureau of Justice Statistics are author- establishment. J2ed to appoint, without regard to the provisions of title 5, United States Ccxie, advisory committees to advise them with respect to the administration of this title as they deem necessary. Such commit- tees shall be subject to the Federal Advisory Committee Act (5 5 use app. 1. U.S.C. App.). Members of such committees not otherwise in the employ of the United States, while engaged in advising or attending meetings of such committees, shall be compensated at rates to be fixed by the Office but not to exceed the daily equivalent of the rate
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2095 of pay payable from time to time for GS-18 of the General Schedule under section 5332 of title 5 of the United States Code, and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized by section 5703 of such title 5 for 5 USC 5703. persons in the Government service employed intermittently. "(0 Payments under this title may be made in installments, and in advance or by way of reimbursement, as may be determined by the Office, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding section 1345 of title 31, United States Code. "(g) The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are author- ized to accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services notwithstanding section 1342 of title 31, United States Code. Such individuals shall not be consid- ered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and 5 USC 8101 et title 28, United States Code, with respect to tort claims. ol^Wo^ n^n-, "TITLE TO PERSONAL PROPERTY "SEC. 808. Notwithstanding any other provision of law, title to all 42 USC 3789. expendable and nonexpendable personal property purchased with funds made available under this title, including such property pur- chased with funds made available under this title as in effect before the effective date of the Justice Assistance Act of 1984, shall vest in Ante, p. 2077. the criminal justice agency or nonprofit organization that purchased the property if it certifies to the State office described in section 408 of this title that it will use the property for criminal justice pur- Ante, p. 2085. poses. If such certification is not made, title to the property shall vest in the State office, which shall seek to have the property used for criminal justice purposes elsewhere in the State prior to using it or disposing of it in any other manner.". (h) Section 809, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d) is amended— Ante, p. 2093. (1) by amending the heading to read as follows: "Prohibition of Federal Control Over State and Local Criminal Justice Agen- cies; Prohibition of Discrimination", (2) by amending subsection (a) to read £is follows: "(a) Nothing in this title or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other criminal justice agency of any State or any political subdivision thereof.", and (3) in subsection (c) by striking out "Office of Justice Assist- ance, Research, and Statistics" each place it appears and insert- ing in lieu thereof "Office of Justice Programs". (i) Section 810, as so redesignated, of part H of title I of the Ante, p. 2093. Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789e) is amended to read as follows:
98 STAT. 2096 PUBLIC LAW 98-473—OCT. 12, 1984 REPORT TO PRESIDENT AND CONGRESS "SEC. 810. Not later than April 1 of each year, the Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, and the Director of the National Institute of Justice shall each submit a report to the President and to the Speaker of the House of Representatives and the President of the Senate, on their activities under this title during the fiscal year next preceding such date.". (j) Section 811, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Ante, p. 2093. 3789f) is amended— (1) by striking out "Office of Justice Assistance, Research, and Statistics" each place it appears and inserting in lieu thereof "Office of Justice Programs", (2) by striking out subsection (d), and (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (k) Section 812, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Ante, p. 2093. 3789g) is amended by striking out "Office of Justice Assistance, Research, and Statistics" each place it appears and inserting in lieu thereof "Office of Justice Programs". Repeal. (1) Part H of title I of the Omnibus Crime Control and Safe Streets 42 use Act of 1968 (42 U.S.C. 3781-3789o) is amended by striking out section 3781-27890. 819. 42 u s e 3789h. (m) Section 813, as so redesignated, of part H of title I of the Ante, p. 2093. Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 37891) is amended— (1) by striking out subsection (a), and (2) in subsection (b) by striking out "(b|'. (n) Section 816, as so redesignated, of part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 42 u s e 3789Z. 37891) is amended by striking out "Administration" and inserting in lieu thereof "Assistant Attorney General". (o) Section 819(c), as so redesignated, of part H of title I of the Ante, p. 2093. Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. 1761 note) is amended— (1) by striking out "this section" and inserting in lieu thereof "section 1761 of title 18, United States Code, and of the first section of the Act of June 30, 1936 (49 Stat. 2036; 41 U.S.C. 35), commonly known as the Walsh-Healey Act,", and (2) by inserting ", as amended from time to time," after "goods". DEFINITIONS SEC. 609C. (a) Section 901 of part I of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791) is amended by striking out "Administration" each place it appears and inserting in lieu thereof "Office". (b) Section 901(a) of part I of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended— (1) in paragraph (2)— (A) by inserting "and" after "Puerto Rico," and (B) by striking out ", Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands",
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2097 (2) in paragraph (3) by inserting ", Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands" after "District of Columbia" before the semicolon, (3) in paragraph (4)— (A) by inserting "renovation, repairs, remodeling," after "acquisition,", and (B) by striking out ", but does not include renovation, repairs, or remodeling", (4) in paragraph (7) by striking out "institution or", (5) by amending paragraph (8) to read as follows: "(8) 'correctional facility project' means a project for the construction, replacement, alteration or expansion of a prison or jail for the purpose of relieving overcrowding or substandard conditions;", and (6) by amending paragraph (13) to read as follows: "(13) 'cost of construction' means all expenses found by the Director to be necessary for the construction of the project, including architect and engineering fees, but excluding land acquisition costs;". FUNDING SEC. 609D. (a) Section 1001 of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended to read as follows: AUTHORIZATION OF APPROPRIATIONS "SEC. 1001. (a)(1) There are authorized to be appropriated for fiscal years 1984, 1985, 1986, 1987, and 1988 such sums as may be neces- sary to carry out the functions of the Bureau of Justice Statistics. "(2) There are authorized to be appropriated for fiscal years 1984, 1985, 1986, 1987, and 1988 such sums as may be necessary to carry out the functions of the National Institute of Justice. "(3) There is authorized to be appropriated such sums as may be necessary for each of the fiscal years 1984,1985,1986,1987, and 1988 to carry out the remaining functions of the Office of Justice Pro- grams and the Bureau of Justice Assistance, other than functions under parts F, G, and L of this title. Ante, pp. 2088, "(4) "There is authorized to be appropriated $25,000,000 for each of 2090; post, p. the fiscal years 1984, 1985, 1986, 1987, and 1988 to carry out part F. 2098. "(5) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out part L. "(6) Funds appropriated for any fiscal year may remain available for obligation until expended. "(b) Notwithstanding any other provision of law, no funds appro- Prohibition. priated under this section for parts D and E of this title may be Ante, pp. 2080, transferred or reprogrammed for carrying out any activity which is 2086, 2087. not authorized under such parts.". (b) Part J of title I of the Omnibus Crime Control and Safe Streets Repeal. Act of 1968 (42 U.S.C. 3793-3793b) is amended by striking out 42 u s e 3793a, sections 1002 and 1003. 3793b. CRIMINAL PENALTIES SEC. 609E. (a) Section 1101 of part K of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3795) is
98 STAT. 2098 PUBLIC LAW 98-473—OCT. 12, 1984 amended by striking out "Law Enforcement Assistance Administra- tion" and inserting in lieu thereof "Office of Justice Programs, Bureau of Justice Assistance", (b) Section 1103 of part K of title I of the Omnibus Crime Control 42 use 3795b. and Safe Streets Act of 1968 (42 U.S.C. 3795-3795b) is amended by striking out "Law Enforcement Assistance Administration" and inserting in lieu thereof "Office of Justice Programs, Bureau of Justice Assistance". PUBLIC SAFETY OFFICERS* DEATH BENEFITS SEC. 609F. Part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796-3796c) is amended to read as follows: "PART L—PUBLIC SAFETY OFFICERS' DEATH BENEFITS "PAYMENTS 42 use 3796. "SEC. 1201. (a) In any case in which the Bureau of Justice Assist- ance (hereinafter in this part referred to as the 'Bureau') deter- mines, under regulations issued pursuant to this part, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $50,000 as follows: "(1) if there is no surviving child of such officer, to the surviving spouse of such officer; "(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse; "(3) if there is no surviving spouse, to the child or children of such officer in equal shares; or "(4) if none of the above, to the dependent parent or parents of such officer in equal shares. "(b) Whenever the Bureau determines upon showing of need and prior to final action that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $3,000 to the individual entitled to receive a benefit under subsection (a) of this section. "(c) The amount of an interim payment under subsection (b) shall be deducted from the amount of any final benefit paid to such individual. "(d) Where there is no final benefit paid, the recipient of any interim payment under subsection (b) shall be liable for repayment of such amount. The Bureau may waive all or part of such repay- ment, considering for this purpose the hardship which would result from such repayment. "(e) The benefit payable under this part shall be in addition to any other benefit that may be due from any other source, except— "(1) payments authorized by section 12(k) of the Act of Sep- tember 1,1916, as amended (D.C. Code, sec. 4-622); or "(2) benefits authorized by section 8191 of title 5, United States Code. Such beneficiaries shall only receive benefits under such section 8191 that are in excess of the benefits received under this part.
PUBLIC LAW 98-473—OCT. 12, 1984 98 STAT. 2099 "(f) No benefit paid under this part shall be subject to execution or Prohibitions. attachment. LIMITATIONS "SEC. 1202. No benefit shall be paid under this part— 42 u s e 3796a. "(1) if the death was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death; "(2) if the public safety officer was voluntarily intoxicated at the time of his death; "(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his death; "(4) to any individual who would otherwise be entitled to a benefit under this part if such individual's actions