text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/966

 98 STAT. 2126

PUBLIC LAW 98-473—OCT. 12, 1984 "(7) on frequent occasions, law enforcement authorities quickly exhaust all leads in missing children cases, and require assistance from distant communities where the child may be located; and "(8) Federal assistance is urgently needed to coordinate and assist in this interstate problem. DEFINITIONS

42 USC 5772.

"SEC. 403. For the purpose of this title— "(1) the term 'missing child' means any individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian if— "(A) the circumstances surrounding such individual's disappearance indicate that such individual may possibly have been removed by another from the control of such individual's legal custodian without such custodian's consent; or "(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited; and "(2) the term 'Administrator' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. "DUTIES AND FUNCTIONS OF THE ADMINISTRATOR

42 USC 5773. Regulations.

Public information.

"SEC. 404. (a) The Administrator shall— "(1) issue such rules as the Administrator considers necessary or appropriate to carry out this title; "(2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); "(3) provide for the furnishing of information derived from the national toll-free telephone line, established under subsection (b)(1), to appropriate law enforcement entities; "(4) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this title; "(5) analyze, compile, publish, and disseminate an annual summary of recently completed research, research being conducted, and Federal, State, and local demonstration projects relating to missing children with particular emphasis on— "(A) effective models of local. State, and Federal coordination and cooperation in locating missing children; "(B) effective programs designed to promote community awareness of the problem of missing children; "(C) effective programs to prevent the abduction and sexual exploitation of children (including parent, child, and community education); and "(D) effective program models which provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction or sexual exploitation; and "(6) prepare, in conjunction with and with the final approval of the Advisory Board on Missing Children, an annual comprehensive plan for facilitating cooperation and coordination

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Page:United States Statutes at Large Volume 98 Part 2.djvu/967

 PUBLIC LAW 98-473—OCT. 12, 1984 among all agencies and organizations with responsibilities related to missing children. "(b) The Administrator, either by making grants to or entering into contracts with public agencies or nonprofit private agencies, shall— "(1) establish and operate a national toll-free telephone line by which individuals may report information regarding the location of any missing child, or other child 13 years of age or younger whose whereabouts are unknown to such child's legal custodian, and request information pertaining to procedures necessary to reunite such child with such child's legal custodian; "(2) establish and operate a national resource center and clearinghouse designed— "(A) to provide technical assistance to local and State governments, public and private nonprofit agencies, and individuals in locating and recovering missing children; "(B) to coordinate public and private programs which locate, recover, or reunite missing children with their legal custodians; "(C) to disseminate nationally information about innovative and model missing childrens' programs, services, and legislation; and "(D) to provide technical assistance to law enforcement agencies. State and local governments, elements of the criminal justice system, public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of the missing and exploited child case; and "(3) periodically conduct national incidence studies to determine for a given year the actual number of children reported missing each year, the number of children who are victims of abduction by strangers, the number of children who are the victims of parental kidnapings, and the number of children who are recovered each year. "(c) Nothing contained in this title shall be construed to grant to the Administrator any law enforcement responsibility or supervisory authority over any other Federal agency.

98 STAT. 2127

Grants. Contracts. Public information.

Studies.

ADVISORY BOARD

"SEC. 405. (a) There is hereby established the Advisory Board on Missing Children (hereinafter in this title referred to as the 'Advisory Board') which shall be composed of 9 members as follows: "(1) a law enforcement officer; "(2) an individual whose official duty is to prosecute violations of the criminal law of a State; "(3) the chief executive officer of a unit of local government within a State; "(4) a statewide elected officer of a State; "(5) the Director of the Federal Bureau of Investigation or the Director's designee from within the Federal Bureau of Investigation; and "(6) 4 members of the public who have experience or expertise relating to missing children (including members representing parent groups).

Establishment. 42 USC 5774.

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


text:
Author:Frederick William Pavy

Works

 * The Harveian Oration 1886

title: Author:Frederick William Pavy


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/968

 98 STAT. 2128

Infra.

PUBLIC LAW 98-473—OCT. 12, 1984

"(b) The Attorney General shall make the initial appointments to the Advisory Board not later than 90 days after the effective date of this title. The Advisory Board shall meet periodically and at the call of the Attorney General, but not less frequently than annually. The Chairman of the Advisory Board shall be designated by the Attorney General. "(c) The Advisory Board shall— "(1) advise the Administrator and the Attorney General in coordinating programs and activities reliating to missing children which are planned, administered, or assisted by any Federal program; "(2) advise the Administrator with regard to the establishment of priorities for making grants or contracts under section 406; and "(3) approve the annual comprehensive plan for facilitating cooperation and coordination among all agencies and organizations with responsibilities relating to missing children and submit the first such annual plan to the President and the Congress not later than eighteen months after the effective date of this title. "(d) Members of the Advisory Board, while serving away from their places of residence or regular places of business, shall be entitled to reimbursement for travel expenses, including per diem in lieu of subsistence, in the same manner as is authorized by section 5703 of title 5, United States Code, for persons employed intermittently in the Government service. "GRANTS

Contracts. 42 USC 5775.

"SEC. 406. (a) The Administrator is authorized to make grants to and enter into contracts with public agencies or nonprofit private organizations, or combinations thereof, for research, demonstration projects, or service programs designed— "(1) to educate parents, children, and community agencies and organizations in ways to prevent the abduction and sexual exploitation of children; "(2) to provide information to assist in the locating and return of missing children; "(3) to aid communities in the collection of materials which would be useful to parents in assisting others in the identification of missing children; "(4) to increase knowledge of and develop effective treatment pertaining to the psychological consequences, on both parents and children, of— "(A) the abduction of a child, both during the period of disappearance and after the child is recovered; and "(B) the sexual exploitation of a missing child; "(5) to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing children's cases; and "(6) to address the particular needs of missing children by minimizing the negative impact of judicial and law enforcement procedures on children who are victims of abuse or sexual exploitation and by promoting the active participation of children and their families in cases involving abuse or sexual exploitation of children.

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text:
User talk:Tfine80

CYGNIS INSIGNIS 02:16, 26 June 2011 (UTC)

Myrtle and myrrh
Hey if you're interested we could make an index page (like this one) for Myrtle and myrrh and directly link each page, format, include pictures and such. Check out Archive.org for the scan. Let me know if you're interested I can help. - Theornamentalist (talk) 12:56, 26 June 2011 (UTC)
 * Yes, very much. I like this idea. Is there a program which makes the formatting straightforward to do? Tfine80 (talk) 12:59, 26 June 2011 (UTC)
 * See Help:Beginner's guide to Index: files and Help:Proofread, they can help explain. Click this to download the djvu file (similar to pdf) and then upload it to commons. The file name you choose at commons (ie Myrtle and myrrh.djvu or something) will be directly used to create the index here; make it match (ie Index:Myrtle and myrrh.djvu) you should then see the scanned pages after creating and then be able to proofread each scan. The djvu file comes with a text layer, so you don't have to retype. I'll be on and off today, so if you come across a problem I'll help. - Theornamentalist (talk) 13:07, 26 June 2011 (UTC)
 * Thanks, I will look into these. There is an additional text of Rihani's for which this process might be especially useful. Tfine80 (talk) 13:11, 26 June 2011 (UTC)
 * Replied to the other on my talk page. We have a ton of formatting template too that help make the page look similar to its publication: Help:Templates,Help:Editing poetry. It's a lot to go through, so take your time. :) - Theornamentalist (talk) 13:19, 26 June 2011 (UTC)
 * Great job on proofreading :) - Theornamentalist (talk) 14:37, 2 July 2011 (UTC)
 * Well, thank you, Ornamentalist, for your help and guidance. I am very excited about the work on this e-book. It is an important text in the history of Arab-American literature, and it has a lot of insightful observations, many of which are still relevant. Tfine80 (talk) 14:39, 2 July 2011 (UTC)
 * You can add it to the main page new text area if you want to. - Theornamentalist (talk) 15:29, 2 July 2011 (UTC)
 * Wonderful. I am looking forward to adding other texts of his as well, and, now that I know the system, helping out with other things. Tfine80 (talk) 15:50, 2 July 2011 (UTC)

Hyphens and dashes across page breaks
Hi, In answer to your question for Page:Path of Vision; pocket essays of East and West.djvu/74, have a look at what I've done there and on the next page. I'm gradually collecting the various ways of dealing with page-break problems at User:Beeswaxcandle/End of page notes. When it's a little further along and some of the other experienced editors have had a look at it we'll move it into the main help pages, but feel free to use it now. Have fun, Beeswaxcandle (talk) 08:13, 29 June 2011 (UTC)

Congrats
Great to see a newcomer completing some a work and adding it to new texts. Congrats on the achievement. Can I ask a favour when adding to new texts? As the results of additions these are added to the front page (which obviously we want a level of control), so we ask that all people adding works clearly add a summary for the additions, you will see examples of what others have done in the history. If you could do that, it would be helpful. Thanks. — billinghurst  sDrewth  23:12, 2 July 2011 (UTC)

The Descent of Bolshevism
Don't mind me, that was trivial edit :) Thank you for finishing the proofreading of the content - Theornamentalist (talk) 03:33, 6 August 2012 (UTC)

title: User talk:Tfine80


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/969

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2129

"(b) In considering grant applications under this title, the Administrator shall give priority to applicants who— "(1) have demonstrated or demonstrate ability in— "(A) locating missing children or locating and reuniting missing children with their legal custodians; "(B) providing other services to missing children or their families; or "(C) conducting research relating to missing children; and "(2) with respect to subparagraphs (A) and (B) of paragraph (1), substantially utilize volunteer assistance. The Administrator shall give first priority to applicants qualifying under subparagraphs (A) and (B) of paragraph (1). "(c) In order to receive assistance under this title for a fiscal year, applicants shall give assurance that they will expend, to the greatest extent practicable, for such fiscal year an amount of funds (without regard to any funds received under any Federal law) that is not less than the amount of funds they received in the preceding fiscal year from State, local, and private sources. CRITERIA FOR GRANTS

"SEC. 407. The Administrator, in consultation with the Advisory Board, shall establish annual research, demonstration, and service program priorities for making grants and contracts pursuant to section 406 and, not less than 60 days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities.

Federal Register, publication. 42 USC 5776. Ante, p. 2128.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 408. To carry out the provisions of this title, there are authorized to be appropriated $10,000,000 for fiscal year 1985, and such sums as may be necessary for fiscal years 1986, 1987, and 1988.". Subdivision E—Effective Dates

42 USC 5777.

EFFECTIVE DATES

SEC. 670. (a) Except as provided in subsection (b), this division and the amendments made by this division shall take effect on the date of the enactment of this joint resolution or October 1, 1984, whichever occurs later. (b) Paragraph (2) of section 331(c) of the Runaway and Homeless Youth Act, as added by section 657(d) of this division, shall not apply with respect to any grant or payment made before the effective date of this joint resolution.

42 USC 5601 note.

Ante, p. 2124.

CHAPTER VII—SURPLUS FEDERAL PROPERTY AMENDMENTS SEC. 701. Section 203 of the Federal Property and Administrative Services Act of 1949 as amended (40 U.S.C. 484), is further amended by adding at the end thereof the following new subsection: "(p)(1) Under such regulations as he may prescribe, the Administrator is authorized in his discretion to transfer or convey to the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern

Real property. Prisoners.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/970

 98 STAT. 2130

Claims.

Report.

PUBLIC LAW 98-473—OCT. 12, 1984

Mariana Islands, or any political subdivision or instrumentality thereof, surplus real and related personal property determined by the Attorney General to be required for correctional facility use by the authorized transferee or grantee under an appropriate program or project for the care or rehabilitation of criminal offenders as approved by the Attorney General. Transfers or conveyance under this authority shall be made by the Administrator without monetary consideration to the United States. If the Attorney General determines that any surplus property transferred or conveyed pursuant to an agreement entered into between March 1, 1982, and the enactment of this subsection was suitable for transfer or conveyance under this subsection, the Administrator shall reimburse the transferee for any monetary consideration paid to the United States for such transfer or conveyance. "(2) The deed of conveyance of any surplus real'and related personal property disposed of under the provisions of this subsection— "(A) shall provide that all such property shall be used and maintained for the purpose for which it was conveyed in perpetuity, and that in the event the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the United States, revert to the United States; and "(B) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States. "(3) With respect to surplus real and related personal property conveyed pursuant to this subsection, the Administrator is authorized and directed— "(A) to determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in any instrument by which such transfer was made; "(B) to reform, correct, or amend any such instrument by the execution of a corrective reformative or amendatory instrument where necessary to correct such instrument or to conform such transfer to the requirements of applicable law; and "(C) to (i) grant releases from any of the terms, conditions, reservations, and restrictions contained in, and (ii) convey, quitclaim, or release to the transferee or other eligible user any right or interest reserved to the United States by any instrument by which such transfer was made, if he determines that the property so transferred no longer serves the purpose for which it was transferred, or that such release, conveyance, or quitclaim deed will not prevent accomplishment of the purpose for which such property was so transferred: Provided, That any such release, conveyance, or quitclaim deed may be granted on, or made subject to, such terms and conditions as he or she shall deem necessary to protect or advance the interests of the United States.". SEC. 702. The first sentence of subsection (o) of section 203 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484(o)), is further amended by revising the first sentence of such subsection to read as follows: "(o) The Administrator with respect to personal property donated under subsection (j) of this section and with respect to real and related personal property transferred or conveyanced under subsec-

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/971

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2131

tion (p) of this section, and the head of each executive agency disposing of real property under subsection (k) of this section, shall submit during the calendar quarter following the close of each fiscal year a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) showing the acquisition cost of all personal property so donated and of all real property so disposed of during the preceding fiscal year.". CHAPTER VIII—LABOR RACKETEERING AMENDMENTS

Crimes and misdemeanors.

SEC. 801. Subsection (d) of section 302 of the Labor Management Relations Act, 1947 (29 U.S.C. 186), is amended to read as follows: "(d)(1) Any person who participates in a transaction involving a payment, loan, or delivery of money or other thing of value to a labor organization in payment of membership dues or to a joint labor-management trust fund as defined by clause (B) of the proviso to clause (5) of subsection (c) of this section or to a plant, area, or industry-wide labor-management committee that is received and used by such labor organization, trust fund, or committee, which transaction does not satisfy all the applicable requirements of subsections (c)(4) through (c)(9) of this section, and willfully-and with intent to benefit himself or to benefit other persons he knows are not permitted to receive a payment, loan, money, or other thing of value under subsections (c)(4) through (c)(9) violates this subsection, shall, upon conviction thereof, be guilty of a felony and be subject to a fine of not more than $15,000, or imprisoned for not more than five years, or both; but if the value of the amount of money or thing of value involved in any violation of the provisions of this section does not exceed $1,000, such person shall be guilty of a misdemeanor and be subject to a fine of not more than $10,000, or imprisoned for not more than one year, or both. "(2) Except for violations involving transactions covered by subsection (d)(1) of this section, any person who willfully violates this section shall, upon conviction thereof, be guilty of a felony and be subject to a fine of not more than $15,000, or imprisoned for not more than five years, or both; but if the value of the amount of money or thing of value involved in any violation of the provisions of this section does not exceed $1,000, such person shall be guilty of a misdemeanor and be subject to a fine of not more than $10,000, or imprisoned for not more than one year, or both.". SEC. 802. (a) So much of subsection (a) of section 411 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111) as follows "the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401)," is amended to read as follows: "any felony involving abuse or misuse of such person's position or employment in a labor organization or employee benefit plan to seek or obtain an illegal gain at the expense of the members of the labor organization or the beneficiaries of the employee benefit plan, or conspiracy to commit any such crimes or attempt to commit any such crimes, or a crime in which any of the foregoing crimes is an element, shall serve or be permitted to serve— "(1) as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, employee, or representative in any capacity of any employee benefit plan, "(2) as a consultant or adviser to an employee benefit plan, including but not limited to any entity whose activities are in

Penalties.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/972

 98 STAT. 2132

PUBLIC LAW 98-473—OCT. 12, 1984

whole or substantial part devoted to providing goods or services to any employee benefit plan, or "(3) in any capacity that involves decisionmaking authority or custody or control of the moneys, funds, assets, or property of any employee benefit plan, during or for the period of thirteen years after such conviction or after the end of such imprisonment, whichever is later, unless the sentencing court on the motion of the person convicted sets a lesser period of at least three years after such conviction or after the end of such imprisonment, whichever is later, or unless prior to the end of such period, in the case of a person so convicted or imprisoned (A) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (B) the United States Parole Commission determines that such person's service in any capacity referred to in paragraphs (1) through (3) would not be contrary to the purposes of this title. Prior to making any such determination the Commission shall hold an administrative hearing and shall give notice to such proceeding by certified mail to the Secretary of Labor and to State, county, and Federal prosecuting officials in the jurisdiction or jurisdictions in which such person was convicted. The Commission's determination in any such proceeding shall be final. No person shall knowingly hire, retain, employ, or otherwise place any other person to serve in any capacity in violation of this subsection. Notwithstanding the preceding provisions of this subsection, no corporation or partnership will be precluded from acting as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, or employee of any employee benefit plan or as a consultant to any employee benefit plan without a notice, hearing, and determination by such Parole Commission that such service would be inconsistent with the intention of this section.". (b) Subsection (b) of such section is amended to read as follows: "(b) Any person who intentionally violates this section shall be fined not more than $10,000 or imprisoned for not more than five years, or both.". (c) Subsection (c) of such section is amended to read as follows: "(c) For the purpose of this section— "(1) A person shall be deemed to have been 'convicted' and under the disability of 'conviction' from the date of the judgment of the trial court, regardless of whether that judgment remains under appeal. "(2) The term 'consultant' means any person who, for compensation, advises, or represents an employee benefit plan or who provides other assistance to such plan, concerning the establishment or operation of such plan. "(3) A period of parole shall not be considered as part of a period of imprisonment.". (d) Such section is amended by adding at the end thereof the following: "(d) Whenever any person— "(1) by operation of this section, has been barred from office or other position in an employee benefit plan as a result of a conviction, and "(2) has filed an appeal of that conviction, any salary which would be otherwise due such person by virtue of such office or position, shall be placed in escrow by the individual or organization responsible for payment of such salary. Payment of such salary into escrow shall continue for the duration of the appeal

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text:
Author:Grace Peckham

Articles in Popular Science Monthly

 * 1.

title: Author:Grace Peckham


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/973

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2133

or for the period of time during which such salary would be otherwise due, whichever period is shorter. Upon the final reversal of such person's conviction on appeal, the amounts in escrow shall be paid to such person. Upon the final sustaining of that person's conviction on appeal, the amounts in escrow shall be returned to the individual or organization responsible for payments of those amounts. Upon final reversal of such person's conviction, such person shall no longer be barred by this statute from assuming any position from which such person was previously barred.". SEC. 803. (a) So much of subsection (a) of section 504 of the LaborManagement Reporting and Disclosure Act of 1959 (29 U.S.C. 504) as follows "or a violation of title II or III of this Act" is amended to read as follows: "any felony involving abuse or misuse of such person's position or employment in a labor organization or employee benefit plan to seek or obtain an illegal gain at the expense of the members of the labor organization or the beneficiaries of the employee benefit plan, or conspiracy to commit any such crimes or attempt to commit any such crimes, or a crime in which any of the foregoing crimes is an element, shall serve or be permitted to serve— "(1) as a consultant or adviser to any labor organization, "(2) as an officer, director, trustee, member of any executive board or similar governing body, business agent, manager, organizer, employee, or representative in any capacity of any labor organization, "(3) as a labor relations consultant or adviser to a person engaged in an industry or activity affecting commerce, oi as an officer, director, agent, or employee of any group or association of employers dealing with any labor organization, or in a position having specific collective bargaining authority or direct responsibility in the area of labor-management relations in any corporation or association engaged in an industry or activity affecting commerce, or "(4) in a position which entitles its occupant to a share of the proceeds of, or as an officer or executive or administrative employee of, any entity whose activities are in whole or substantial part devoted to providing goods or services to any labor organization, or "(5) in any capacity, other than in his capacity as a member of such labor organization, that involves decisionmaking authority concerning, or decisionmaking authority over, or custody of, or control of the moneys, funds, assets, or property of any labor organization, during or for the period of thirteen years after such conviction or after the end of such imprisonment, whichever is later, unless the sentencing court on the motion of the person convicted sets a lesser period of at least three years after such conviction or after the end of such imprisonment, whichever is later, or unless prior to the end of such period, in the case of a person so convicted or imprisoned, (A) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (B) the United States Parole Commission determines that such person's service in any capacity referred to in clauses (1) through (5) would not be contrary to the purposes of this Act. Prior to making any such determination the Commission shall hold an administrative hearing and shall give notice of such proceeding by certified mail to the Secretary of Labor and to State, county, and Federal prosecuting officials in the juris-

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/974

 98 STAT. 2134

PUBLIC LAW 98-473—OCT. 12, 1984

diction or jurisdictions in which such person was convicted. The Commission's determination in any such proceeding shall be final. No person shall knowingly hire, retain, employ, or otherwise place any other person to serve in any capacity in violation of this subsection.". (b) Subsection (b) of such section is amended to read as follows: "(b) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than five years, or both.". (c) Subsection (c) of such section is amended to read as follows: "(c) For the purpose of this section— "(1) A person shall be deemed to have been 'convicted' and under the disability of 'conviction' from the date of the judgment of the trial court, regardless of whether that judgment remains under appeal. "(2) A period of parole shall not be considered as part of a period of imprisonment.". 29 USC 504. (d) Such section 504 is amended by adding at the end thereof the following: "(d) Whenever any person— "(1) by operation of this section, has been barred from office or other position in a labor organization as a result of a conviction, and "(2) has filed an appeal of that conviction, any salary which would be otherwise due such person by virtue of such office or position, shall be placed in escrow by the individual employer or organization responsible for payment of such salary. Payment of such salary into escrow shall continue for the duration of the appeal or for the period of time during which such salary would be otherwise due, whichever period is shorter. Upon the final reversal of such person's conviction on appeal, the amounts in escrow shall be paid to such person. Upon the final sustaining of such person's conviction on appeal, the amounts in escrow shall be returned to the individual employer or organization responsible for payments of those amounts. Upon final reversal of such person's conviction, such person shall no longer be barred by this statute from assuming any position from which such person was previously barred.". Effective date. SEC. 804. (a) The amendments made by section 802 and section 803 29 USC 504 note, of this title shall take effect with respect to any judgment of conviction entered by the trial court after the date of enactment of this title, except that that portion of such amendments relating to the commencement of the period of disability shall apply to any judgment of conviction entered prior to the date of enactment of this title if a right of appeal or an appeal from such judgment is pending on the date of enactment of this title. (b) Subject to subsection (a) the amendments made by sections 803 and 804 shall not affect any disability under section 411 of the Ante, p. 2131. Employee Retirement Income Security Act of 1974 or under section 29 USC 1111. 504 of the Labor-Management Reporting and Disclosure Act of 1959 Ante, p. 2133. in effect on the date of enactment of this title. 29 USC 504. SEC. 805. (a) The first paragraph of section 506 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1136) is amended by striking out "In order" and inserting in lieu thereof the following: "(a) COORDINATION WITH OTHER AGENCIES AND DEPARTMENTS.—In

order".

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/975

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2135

(b) Such section is amended by adding at the end thereof the following new subsection: "(b) RESPONSIBILITY FOR DETECTING AND INVESTIGATING CIVIL AND CRIMINAL VIOLATIONS OF EMPLOYEE RETIREMENT INCOME SECURITY ACT AND RELATED FEDERAL LAWS.—The Secretary shall have the

responsibility and authority to detect and investigate and refer, where appropriate, civil and criminal violations related to the provisions of this title and other related Federal laws, including the detection, investigation, and appropriate referrals of related violations of title 18 of the United States Code. Nothing in this subsection shall be construed to preclude other appropriate Federal agencies from detecting and investigating civil and criminal violations of this title and other related Federal laws.". (c) The title of such section is amended to read as follows: "COORDINATION AND RESPONSIBILITY OF AGENCIES ENFORCING EMPLOYEE RETIREMENT INCOME SECURITY ACT AND RELATED FEDERAL LAWS".

CHAPTER IX—CURRENCY AND FOREIGN TRANSACTIONS REPORTING ACT AMENDMENTS SEC. 901. (a) Section 5321(a)(1) of title 31, United States Code, is Crimes and amended by striking out "a civil penalty of not more than $1,000" misdemeanors. and inserting in lieu thereof "a civil penalty of not more than Penalties. $10,000". (b) Subsection (a) of section 5322 of title 31, United States Code, is amended by striking out "$1,000, or imprisonment not more than one year, or both" and inserting in lieu thereof "$250,000, or imprisonment not more than five years, or both". (c) Subsection (a) of section 5316 of title 31, United States Code, is amended— (1) by inserting ", or attempts to transport or have transported," after "transports or has transported" in paragraph (1); and (2) by striking out "more than $5,000" and inserting in lieu thereof "more than $10,000" in paragraph (1). (d) Section 5317 of title 31, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting the following new subsection after subsection (a): "(b) A customs officer may stop and search, without a search warrant, a vehicle, vessel, aircraft, or other conveyance, envelope or other container, or person entering or departing from the United States with respect to which or whom the officer has reasonable cause to believe there is a monetary instrument being transported in violation of section 5316 of this title.". 31 USC 5316. (e) Chapter 53 of title 31 of the United States Code is amended by adding a new section 5323 at the end thereof as follows: "§5323. Rewards for informants "(a) The Secretary may pay a reward to an individual who provides original information which leads to a recovery of a criminal fine, civil penalty, or forfeiture, which exceeds $50,000, for a violation of this chapter. "(b) The Secretary shall determine the amount of a reward under this section. The Secretary may not award more than 25 per centum

31 USC 5323.

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text:
Author:Stephen Farnum Peckham

Works

 * Report on the Production, Technology, and Uses of Petroleum and its Products (1885)
 * Richard Scott and His Wife Catharine Marbury, and Some of Their Descendants (1906)
 * Solid Bitumens (1909)

title: Author:Stephen Farnum Peckham


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/976

 98 STAT. 2136

Appropriations authorization.

PUBLIC LAW 98-473—OCT. 12, 1984

of the net amount of the fine, penalty, or forfeiture collected or $150,000, whichever is less. "(c) An officer or employee of the United States, a State, or a local government who provides information described in subsection (a) in the performance of official duties is not eligible for a reward under this section. "(d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.". (f) The table of contents of chapter 53 of title 31 is amended by adding the following new item after the item relating to section 5322: "5323. Rewards for informants.".

Post, p. 2143.

31 USC 321, 5311-5314, 5316-5322. Crimes and misdemeanors. Penalties.

(g) Section 1961(1) of title 18, United States Code, is amended— (1) by striking out "or" after "(relating to embezzlement from union funds),"; and (2) by inserting before the semicolon at the end thereof the following: ", or (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act". CHAPTER X—MISCELLANEOUS VIOLENT CRIME AMENDMENTS PART A—MURDER-FOR-HIRE AND VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY

SEC. 1001. (a) Chapter 1 of title 18 of the United States Code is amended by adding a new section 16 as follows: 18 USC 16.

"§16. Crime of violence defined "The term 'crime of violence' means— "(a) an offense that has as an element 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.". (b) The analysis for chapter 1 of title 18 of the United States Code is amended by adding at the end thereof the following: "16. Crime of violence defined.".

SEC. 1002. (a) Chapter 95 of title 18, United States Code, is amended by adding new sections 1952A and 1952B, following section 1952, as follows: 18 USC 1952A. Mail.

"§1952A. Use of interstate commerce facilities in the commission of murder-for-hire "(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility in interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, shall be fined not more than $10,000 or imprisoned for not more than five years, or both; and if personal injury results, shall be fined not more

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Page:United States Statutes at Large Volume 98 Part 2.djvu/977

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2137

than $20,000 and imprisoned for not more than twenty years, or both; and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both. "(b) As used in this section and section 1952B— "(1) 'anj^hing of pecuniary value' means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; and "(2) 'facility of interstate commerce' includes means of transportation and communication. "§ 1952B. Violent crimes in aid of racketeering activity "(a) Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, an)^hing of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished— "(1) for murder or kidnaping, by imprisonment for any term of years or for life or a fine of not more than $50,000, or both; "(2) for maiming, by imprisonment for not more than thirty years or a fine of not more than $30,000, or both; "(3) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years or a fine of not more than $20,000, or both; "(4) for threatening to commit a crime of violence, by imprisonment for not more than five years or a fine of not more than $5,000, or both; "(5) for attempting or conspiring to commit murder or kidnaping, by imprisonment for not more than ten years or a fine of not more than $10,000, or both; and "(6) for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injurj', by imprisonment for not more than three years or a fine of not more than $3,000, or both. "(b) As used in this section— "(1) 'racketeering activity' has the meaning set forth in section 1961 of this title; and "(2) 'enterprise' includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce.", (b) The analysis at the beginning of chapter 95 of title 18 is amended by adding after the item relating to section 1952 the following: "1952A. Use of interstate commerce facilities in the commission of murder-for-hire. "1952B. Violent crimes in aid of racketeering activity.".

Infra.

18 USC 1952B.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/978

 98 STAT. 2138

PUBLIC LAW 98-473—OCT. 12, 1984 PART B—SOLICITATION TO COMMIT A CRIME OF VIOLENCE

SEC. 1003. (a) Chapter 19 of title 18 of the United States Code is amended by adding at the end thereof the following new section: 18 USC 373.

"§ 373. Solicitation to commit a crime of violence "(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against the person or property of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by death, shall be imprisoned for not more than twenty years. "(b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not 'voluntary and complete' if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence. "(c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.". (b) The analysis at the beginning of chapter 19 of title 18 is amended by adding after the item relating to section 372 the following: "373. Solicitation to commit a crime of violence.". PART C—FELONY-MURDER RULE

SEC. 1004. Section 1111 of title 18 of the United States Code is amended by adding after the word "arson" the words "escape, murder, kidnaping, treason, espionage, sabotage,". PART D—MANDATORY PENALTY FOR USE OF A FIREARM DURING A FEDERAL CRIME OF VIOLENCE

18 USC 924.

SEC. 1005. (a) Subsection (c) of section 924 of title 18 is amended to read as follows: "(c) Whoever, during and in relation to any crime of violence, including a crime of violence which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device, for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence, be sentenced to imprisonment for five years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for ten years. Notwithstanding any other provision of

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98 STAT. 2139

law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence in which the firearm was used or carried. No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein.".

Prohibition.

PART E—ARMOR-PIERCING BULLETS

SEC. 1006. (a) Chapter 44 of title 18, United States Code, is amended by adding at the end thereof the following: "§ 929. Use of restricted ammunition "(a) Whoever, during and in relation to the commission of a crime of violence including a crime of violence which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device for which he may be prosecuted in a court of the United States, uses or carries any handgun loaded with armorpiercing ammunition as defined in subsection (b), shall, in addition to the punishment provided for the commission of such crime of violence be sentenced to a term of imprisonment for not less than five nor more than ten years. Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this subsection, nor place him on probation, nor shall the term of imprisonment run concurrently with any other terms of imprisonment including that imposed for the felony in which the armor-piercing handgun ammunition was used or carried. No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein. "(b) For purposes of this section— "(1) 'armor-piercing ammunition' means ammunition which, when or if fired from any handgun used or carrried in violation of subsection (a) under the test procedure of the National Institute of Law Enforcement and Criminal Justice Standard for the Ballistics Resistance of Police Body Armor promulgated December 1978, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States Department of Justice and published in December of 1978; and "(2) 'handgun' means any firearm, including a pistol or revolver, originally designed to be fired by the use of a single hand.", (b) The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end thereof the following: "929. Use of restricted ammunition.". PART F—KIDNAPING OF FEDERAL OFFICIALS

SEC. 1007. Section 1201 of title 18 of the United States Code is amended— (1) in subsection (a)(3), by deleting "or" at the end thereof; (2) in subsection (a)(4), by deleting the comma at the end thereof and substituting "; or"; and (3) by adding after subsection (a)(4) a new subsection (a)(5) to read as follows:

18 USC 929.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/980

 98 STAT. 2140 Post, pp. 2142, 2868.

PUBLIC LAW 98-473—OCT. 12, 1984

"(5) The person is among those officers and employees designated in section 1114 of this title and any such act against the person is done while the person is engaged in, or on account of, the performance of his official duties,". PART G—CRIMES AGAINST FAMILY MEMBERS OF FEDERAL OFFICIALS

SEC. 1008. (a) Chapter 7 of title 18 of the United States Code is amended by adding a new section at the end thereof to read as follows: 18 USC 115.

"§115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member "(a) Whoever assaults, kidnaps, or murders, or attempts to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing Post, pp. 2142, would be a crime under 18 U.S.C. 1114, as amended, with intent to 2868. impede, intimidate, interfere with, or retaliate against such official, judge or law enforcement officer while he is engaged in or on account of the performance of his official duties, shall be punished as provided in subsection (b). "(b)(1) An assault in violation of this section shall be punished as 18 USC 111. provided in section 111 of this title. "(2) A kidnaping or attempted kidnaping in violation of this Ante, p. 2139. section shall be punished as provided in section 1201 of this title. "(3) A murder or attempted murder in violation of this section Ante, p. 2138; 18 shall be punished as provided in sections 1111 and 1113 of this title. use 1113. "(4) A threat made in violation of this section shall be punished by a fine of not more than $5,000 or imprisonment for a term of not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years. "(c) As used in this section, the term— "(1) 'Federal law enforcement officer' means any officer, agent, or employee of the United States authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law; "(2) 'immediate family member' of an individual means— "(A) his spouse, parent, brother or sister, child or person to whom he stands in loco parentis; or "(B) any other person living in his household and related to him by blood or marriage; "(3) 'United States judge' means any judicial officer of the United States, and includes a justice of the Supreme Court and a United States magistrate; and "(4) 'United States official' means the President, Presidentelect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive branch who is the head of a department listed in 5 U.S.C. 101, or the Director of The Central Intelligence Agency.". "(b) The analysis of chapter 7 of title 18, United States Code, is amended by adding at the end thereof the following new item: "115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.".

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98 STAT. 2141

PART H—ADDITION OF CRIMES OF MAIMING AND INVOLUNTARY SODOMY TO MAJOR CRIMES ACT

SEC. 1009. Section 1153 of title 18 is amended to read as follows: Indians. "Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnaping, maiming, rape, involuntary sodomy, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and a felony under section 661 of this title within 18 USC 661. the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. "As used in this section, the offenses of burglary, involuntary State and local sodomy, and incest shall be defined and punished in accordance with governments. the laws of the State in which such offense was committed as are in force at the time of such offense. "In addition to the offenses of burglary, involuntary sodomy, and incest, any other of the above offenses which are not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.". SEC. 1009A. Section 114 of title 18 is amended by deleting "Shall 18 USC 114. be fined not more than $1,000 or imprisoned not more than seven years, or both" and inserting in lieu thereof "Shall be fined not more than $25,000 and imprisoned not more than twenty years, or both". PART I—DESTRUCTION OF MOTOR VEHICLES

SEC. 1010. Section 31 of title 18 of the United States Code is amended in the definition of "motor vehicle" by striking out "or passengers and property;" and inserting in lieu thereof "passengers and property, or property or cargo;".

Post, p. 2187.

PART J—DESTRUCTION OF ENERGY FACILITIES

SEC. 1011. (a) Chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following: "§ 1365. Destruction of an energy facility "(a) Whoever knowingly and willfully damages the property of an energy facility in an amount that in fact exceeds $100,000, or damages the property of an energy facility in any amount and causes a significant interruption or impairment of a function of an energy facility, shall be punishable by a fine of not more than $50,000 or imprisonment for not more than ten years, or both. "(b) Whoever knowingly and willfully damages the property of an energy facility in an amount that in fact exceeds $5,000 shall be punishable by a fine of not more than $25,000, or imprisonment for not more than five years, or both. "(c) For purposes of this section, the term 'energy facility' means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating

18 USC 1365.

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text:
Author talk:Thomas Henry Kendall

Obits available
http://trove.nla.gov.au/newspaper/result?q=henry+kendall&exactPhrase=&anyWords=&notWords=&l-textSearchScope=*ignore*|*ignore*&fromdd=&frommm=&fromyyyy=1882&todd=&tomm=&toyyyy=1882&l-word=*ignore*|*ignore*&sortby=

title: Author talk:Thomas Henry Kendall


text:
New York (Rihani)

Are you not the daughter of revolt in the ancient world, The bridge of oddity in the New World, And the mother of disorder of both? Woe to your sons and lovers!

Aren’t you yesterday’s divorcee of the Indians, Today’s [maker] of the news, And tomorrow’s carrier of the revolution? Woe to your sons and lovers!

The reptiles of fields make your cradle; Minerals and their poisons form your bed; And mountains of wealth and their beasts shape your throne. Woe to your sons and lovers!

Your womb of iron reflects your infertility; Woodworms invade your wooden breast; Your rusting mouth is made of brass; And the beauty of your marble forehead lingers in its stillness. Woe to your sons and lovers!

You quaff liquid of pure gold; You eat the blend of silver; You wear the wings of science; And you ornament yourself With the best of silk and rare jewels, As your heart of tar burns. Woe to your sons and lovers!

You are the daughter of lights and colors; You wear blond hair during the night; You wear black hair during the day; And you dye it to suit each caller, And wash it away for the dubious. Woe to your sons and lovers!

You are the daughter of morning whisper, That has not the melodies and songs of dawn; Rather, it ﬁlls with the ringing of solid gold That is in your nightclubs and markets, And in your banks and churches. Woe to your sons and lovers!

You are the daughter of wealth and monopoly; In your stores, heaped is the wealth of the earth; In your safes, kept are moneys and jewels; In your palaces, are culture’s wonders. But your streets are ﬁlled with appalling clamor and noise, And your huts are ﬁlled with darkness, poverty, hunger, and pain. Woe to your sons and lovers!

The cords of your heart carry the news of Love and Deception; In your veins ﬂows the toil of Trade and Greed; Your nerves vibrate with sinful joys; And in your adversities lie the passions of blind lovers. Woe to your sons and lovers!

For God! How free and clamorous you are! You are like a vigorous merchant, The virgin of madness, And the whore of arts. Know that in your debauchery and piety Lies sinful power. Woe to your sons and lovers!

Daughter of the minerals and electric power, Goddess of work and lay, Boast not for your beauty is earthly and not divine. Your beauty, like a reﬂection on glass; It vanishes as soon as the glass breaks; Your beauty shows in your palaces and pleasures And not in your privacy and charity.

Your beauty ﬁlls the space with light And the souls with darkness; Your are a deep—rooted plant But with large leaves and sick ﬂowers.

You are an electric river, Whose banks are but mountains of marble And forests of iron.

Your night is glamorous With stars made of man‘s power-plants And not of the immortal hand of God. Doleful is such a beauty! Your time begins with delight and ends with yawn; Your overall beauty reﬂects the playhouse of desires and greed; And your special beauty reﬂects the latest deceitful and ﬂattering Mottoes brought forth by civilization.

Your enormity is impregnated with trade, Which tradesmen perceive as glorious and luxurious. What a lie? What a blasphemy? The beauty of their idol is like the Dollar, Which is minted during the night And painted during the day. Alas such a beauty! Does your beauty ﬂourish in your strong arms And dwindle in your speech and heart, Which in your foolishness may cease or ﬂourish, And in your spontaneity, may die? Does the blue brightness of indolence glitter in your eyes? Does the torch of poetry and art fade in your heart?

Bride of the New World! Whose bride would you want to be today or tomorrow? Would you want move from Purity to the hiding places, From the huts of liberty, To the abodes of vice In the monuments of fortune And in the pits of revolution, woe, and death? May God's mercy be on the souls Which knew you when you were chaste. Woe to those souls which adored you as their whore.

New Yorkalem is today envied by Jerusalem; The [old people] enjoy themselves; They do not moan. Woe to the New Yorkalem!

Aren’t the voices of your true sons overwhelmed, By the voice of [the old land], which Echo on your stages and podiums And in your media, as in your trade? Aren’t the night markets and clubs of Tamar Filled with prostitution and vice? Does Yaeel hold the pen today, As the sword it held in the olden days? There exists a great difference between one enemy and another, Between the falsehood, the Sisra of yesterday And the truthful, the Sisra of today.

Daughter of the [ancient people] Where are your ancestors’ virtues? Your past is ﬁlled with ﬁre and light; Your present is a dilapidated light; And your future? The borrowed light will sure diffuse one day, And your true image would show.

Your virtue, God embodied in your towers under His skies. Towers molded in gold-ore, Plunged in perfume, And crowned with golden domes. Your domes are the dung of the earth, And the souls under them are the dung of life.

title: New York (Rihani)


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Page:United States Statutes at Large Volume 98 Part 2.djvu/982

 98 STAT. 2142

49 USC app. 1671.

PUBLIC LAW 98-473—OCT. 12, 1984

thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or interstate transmission facilities, as defined in 49 U.S.C. 1671. "(d) The table of contents for chapter 65 of title 18, United States Code, is amended by adding at the end thereof the following new item: "1365 Destruction of an energy facility.". PART K—ASSAULTS UPON FEDERAL OFFICIALS

Post, p. 2868.

3 CFR, 1981 Comp., p. 200.

SEC. 1012. Section 1114 of title 18 of the United States Code is amended— (1) by inserting "or attempts to kill" after "kills"; (2) by striking out "while engaged in the performance of his official duties or on account of the performance of his official duties" and inserting in lieu thereof "or any United States probation or pretrial services officer, or any United States magistrate, or any officer or employee of any department or agency within the Intelligence Community (as defined in section 3.4(F) of Executive Order 12333, December 8, 1981, or successor orders) not already covered under the terms of this section,"; (3) by adding ", or any other officer, agency, or employee of the United States designated for coverage under this section in regulations issued by the Attorney General" after "National Credit Union Administration"; and (4) by inserting before the period at the end thereof the following: ", except that any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years". PART L—ESCAPE FROM CUSTODY RESULTING FROM CIVIL COMMITMENT

Ante, p. 2059.

SEC. 1013. Section 1826 of title 28, United States Code is amended by adding a new subsection (c) as follows: "(c) Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or section 4243 of title 18, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.". PART M—ARSON AMENDMENTS

SEC. 1014. Section 844 of title 18, United States Code, is amended by(1) by deleting "personal injury results" in subsections (d), (f), and (i) and substitute "personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection,"; (2) by deleting "death results" in subsections (d), (0, and (i) and substitute "death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection,".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/983

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2143

PART N—RACKETEERING IN OBSCENE MATTER

SEC. 1020. Section 1961(1) of title 18, United States Code, is amended— (1) in clause (A) by inserting after "extortion," the following: "dealing in obscene matter,"; and (2) in clause (B) by inserting after "section 1343 (relating to wire fraud)," the following: "sections 1461-1465 (relating to obscene matter),".

Ante, p. 2136.

CHAPTER XI—SERIOUS NONVIOLENT OFFENSES

Crimes and misdemeanors. Penalties.

PART B—WARNING THE SUBJECT OF A SEARCH

SEC. 1103. Section 2232 of title 18 of the United States Code is amended— (a) by deleting in the first paragraph "shall be fined not more than $2,000 or imprisoned not more than one year, or both" and inserting in lieu thereof "shall be fined not more than $10,000 or imprisoned more than five years, or both; (b) by adding a new paragraph as follows: "Whoever, having knowledge that any person authorized to make searches and seizures has been authorized or is otherwise likely to make a search or seizure, in order to prevent the authorized seizing or securing of any person, goods, wares, merchandise or other property, gives notice or attempts to give notice of the possible search or seizure to any person shall be fined not more than $10,000 or imprisoned not more than five years, or both.". PART C—PROGRAM FRAUD AND BRIBERY

SEC. 1104. (a) Chapter 31 of title 18 of the United States Code is amended by adding a new section 666 as follows: "§ 666. Theft or bribery concerning programs receiving Federal funds "(a) Whoever, being an agent of an organization, or of a State or local government agency, that receives benefits in excess of $10,000 in any one year period pursuant to a Federal program involving a grant, a contract, a subsidy, a loan, a guarantee, insurance, or another form of Federal assistance, embezzles, steals, purloins, willfully misapplies, obtains by fraud, or otherwise knowingly without authority converts to his own use or to the use of another, property having a value of $5,000 or more owned by or under the care, custody, or control of such organization or State or local government agency, shall be imprisoned for not more than ten years and fined not more than $100,000 or an amount equal to twice that which was obtained in violation of this subsection, whichever is greater, or both so imprisoned and fined. "(b) Whoever, being an agent of an organization, or of a State or local government agency, described in subsection (a), solicits, demands, accepts, or agrees to accept anything of value from a person or organization other than his employer or principal for or because of the recipient's conduct in any transaction or matter or a series of transactions or matters involving $5,000 or more concerning the affairs of such organization or State or local government agency, shall be imprisoned for not more than ten years or fined not

State and local governments. 18 USC 666.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/984

 98 STAT. 2144

PUBLIC LAW 98-473—OCT. 12, 1984

more than $100,000 or an amount equal to twice that which was obtained, demanded, solicited or agreed upon in violation of this subsection, whichever is greater, or both so imprisoned and fined. "(c) Whoever offers, gives, or agrees to give to an agent of an organization or of a State or local government agency, described in subsection (a), anything of value for or because of the recipient's conduct in any transaction or matter or any series of transactions or matters involving $5,000 or more concerning the affairs of such organization or State or local government agency, shall be imprisoned not more than ten years or fined not more than $100,000 or an amount equal to twice that offered, given or agreed to be given, whichever is greater, or both so imprisoned and fined. "(d) For purposes of this section— "(1) 'agent' means a person or organization authorized to act on behalf of another person, organization or a government and, in the case of an organization or a government, includes a servant or employee, a partner, director, officer, manager and representative; "(2) 'organization' means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, and any other association of persons; "(3) 'government agency' means a subdivision of the executive, legislative, judicial, or other branch of a government, including a department, independent establishment, commission, administration, authority, board, and bureau; or a corporation or other legal entity established by, and subject to control by, a government or governments for execution of a governmental or intergovernmental program; and "(4) 'local' means of or pertaining to a political subdivision within a State.", (b) The analysis at the beginning of chapter 31 of title 18 of the United States Code is amended by adding after the item relating to section 665 the following: "666. Theft or bribery concerning programs receiving Federal funds.". PART D—COUNTERFEITING OF STATE AND CORPORATE SECURITIES

SEC. 1105. (a) Chapter 25 of title 18 of the United States Code is amended by adding the following new sections at the end thereof: Post, p. 2768. 18 USC 511.

"§ 511. Securities of the States and private entities "(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined not more than $250,000 or imprisoned for not more than ten years, or both. "(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine of not more than $250,000 or by imprisonment for not more than ten years, or both. "(c) For purposes of this section—

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Page:United States Statutes at Large Volume 98 Part 2.djvu/985

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2145

"(1) the term 'counterfeited' means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety; "(2) the term 'forged' means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents; "(3) the term 'security' means— "(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest poupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693(c)), money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; "(B) an instrument evidencing ownership of goods, wares, or merchandise; "(C) any other written instrument commonly known as a security; "(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or "(E) a blank form of any of the foregoing; "(4) the term 'organization' means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association or persons which operates in or the activities of which affect interstate or foreign commerce; and "(5) the term 'State' includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.", (b) The analysis at the beginning of chapter 25 of title 18 is amended by adding after the item relating to section 509 the following: "510. Securities of the State and private entities.". PART E—RECEIPT OF STOLEN BANK PROPERTY

SEC. 1106. Subsection (c) of section 2113 of title 18 is amended to read as follows: "(c) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker.". PART F—BANK BRIBERY

SEC. 1107. (a) Section 215 of title 18 is amended to read as follows:

15 USC I693n.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/986

 98 STAT. 2146

12 USC 1422.

12 USC 1841 note. 12 USC 1701 note.

Repeal. 18 USC 216.

PUBLIC LAW 98-473—OCT. 12, 1984

"(a) Whoever, being an officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, except as provided by law, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value, for himself or for any other person or entity, other than such financial institution, from any person or entity for or in connection with any transaction or business of such financial institution; or "(b) Whoever, except as provided by law, directly or indirectly, gives, offers, or promises anything of value to any officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, or offers or promises any such officer, director, employee, agent, or attorney to give anything of value to any person or entity, other than such financial institution, for or in connection with any transaction or business of such financial institution, shall be fined not more than $5,000 or three times the value of anything offered, asked, given, received, or agreed to be given or received, whichever is greater, or imprisoned not more than five years, or both; but if the value of anji;hing offered, asked, given, received, or agreed to be given or received does not exceed $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both. "(c) As used in this section— "(1) 'financial institution' means— "(A) any bank the deposits of which are insured by the Federal Eteposit Insurance Corporation; "(B) any member, as defined in section 2 of the Federal Home Loan Bank Act, as amended, of the Federal Home Loan Bank System and any Federal Home Loan Bank; "(C) any institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation; "(D) any credit union the accounts of which are insured by the Administrator of the National Credit Union Administration; "(E) any Federal land bank. Federal land bank association. Federal intermediate credit bank, production credit association, bank for cooperatives; and "(F) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and "(2) 'bank holding company' or 'savings and loan holding company' means any person, corporation, partnership, business trust, association or similar organization which controls a financial institution in such a manner as to be a bank holding company or a savings and loan holding company under the Bank Holding Company Act Amendments of 1956 (12 U.S.C. 1841) or the Savings and Loan Holding Company Amendments of 1967 (12 U.S.C. 1730a). "(d) This section shall not apply to the payment by a financial institution of the usual salary or director's fee paid to an officer, director, employee, agent, or attorney thereof, or to a reasonable fee paid by such financial institution to such officer, director, employee, agent, or attorney for services rendered to such financial institution.". (b) Section 216 of title 18 is repealed, and the section analysis of chapter 11 for section 216 be amended to read: "216. Repealed.".

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text:
Author:George Pellew

Articles in Popular Science Monthly

 * 1.

title: Author:George Pellew


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/987

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2147

PART G—BANK FRAUD

SEC. 1108. (a) Chapter 63 of title 18 of the United States Code is amended by adding a new section as follows: "§ 1344. Bank fraud "(a) Whoever knowingly executes, or attempts to execute, a scheme or artifice— "(1) to defraud a federally chartered or insured financial institution; or "(2) to obtain any of the moneys, funds, credits, assets, securities or other property owned by or under the custody or control of a federally chartered or insured financial institution by means of false or fraudulent pretenses, representations, or promises, shall be fined not more than $10,000, or imprisoned not more than five years, or both. "(b) As used in this section, the term 'federally chartered or insured financial institution' means— "(1) a bank with deposits insured by the Federal Deposit Insurance Corporation; "(2) an institution with accounts insured by the Federal Savings and Loan Insurance Corporation; "(3) a credit union with accounts insured by the National Credit Union Administration Board; "(4) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system; or "(5) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States.". 0)) The analysis for chapter 63 of title 18 of the United States Code is amended by adding at the end thereof the following: "1344. Bank fraud.". PART H—POSSESSION OF CONTRABAND IN PRISON

SEC. 1109. (a) Section 1791 of title 18, United States Code is amended to read as follows: "(a) OFFENSE.—A person commits an offense if, in violation of a statute, or a regulation, rule, or order issued pursuant thereto— "(1) he provides, or attempts to provide, to an inmate of a Federal penal or correctional facility— "(A) a firearm or destructive device; "(B) any other weapon or object that may be used as a weapon or as a means of facilitating escape; "(C) a narcotic drug as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); "(D) a controlled substance, other than a narcotic drug, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), or an alcoholic beverage; "(E) United States currency; or
 * '§ 1791. Providing or possessing contraband in prison

18 USC 1344.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/988

 98 STAT. 2148

PUBLIC LAW 98-473—OCT. 12, 1984

"(F) any other object; or "(2) being an inmate of a Federal penal or correctional facility, he makes, possesses, procures, or otherwise provides himself with, or attempts to make, possess, procure, or otherwise provide himself with, anything described in paragraph (1). "(b) GRADING.—An offense described in this section is punishable by"(1) imprisonment for not more than ten years, a fine of not more than $25,000, or both, if the object is anything set forth in paragraph (I)(A); "(2) imprisonment for not more than five years, a fine of not more than $10,000, or both, if the object is anything set forth in paragraph (1 KB) or (1)(C); "(3) imprisonment for not more than one year, a fine of not more than $5,000, or both, if the object is anything set forth in paragraph (1)(D) or (1)(E); and "(4) imprisonment for not more than six months, a fine of not more than $1,000, or both, if the object is any other object. "(c) DEFINITIONS.—As used in this section, 'firearm' and 'destructive device' have the meaning given those terms, respectively, in 18 U.S.C. 921(a)(3) and (4).". (b) Section 1792 of title 18, United States Code, is amended to read as follows: "§ 1792. Mutiny and riot prohibited "Whoever instigates, connives, willfully attempts to cause, assists, or conspires to cause any mutiny or riot, at any Federal penal or correctional facility, shall be imprisoned not more than ten years or fined not more than $25,000, or both."; (c) The analysis at the beginning of chapter 87 of title 18, United States Code, is amended to read as follows:

"CHAPTER 87 "Sec "1791. Providing or possessing contraband in prison. "1792. Mutiny and riot prohibited.".

(d) Chapter 301 of title 18, United States Code, is amended by adding at the end thereof the following new section: 18 USC 4012.

"§ 4012. Summary seizure and forfeiture of prison contraband "An officer or employee of the Bureau of Prisons may, pursuant to rules and regulations of the Director of the Bureau of Prisons, summarily seize any object introduced into a Federal penal or correctional facility or possessed by an inmate of such a facility in violation of a rule, regulation or order promulgated by the Director, and such object shall be forfeited to the United States."; and (e) The analysis at the beginning of chapter 301 of title 18, United States Code, is amended by adding after the item relating to section 4011 the following: "4012. Summary seizure and forfeiture of prison contraband.".

Livestock Fraud Protection Act.

P A R T I—LIVESTOCK F R A U D

18 USC 641 note.

SEC. 1110. This Part may be cited as the "Livestock Fraud Protection Act".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/989

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2149

SEC. 1111. Chapter 31 of title 18, United States Code, is amended by adding a new section 667 to read as follows: Ante, p. 2143. '•§ 667. Theft of livestock 18 USC 667. "Whoever obtains or uses the property of another which has a Marketing. value of $10,000 or more in connection with the marketing of livestock in interstate or foreign commerce with intent to deprive the other of a right to the property or a benefit of the property or to appropriate the property to his own use or the use of another shall be fined not more than $10,000 or imprisoned not more than five years, or both.". SEC. 1112. The analysis of chapter 31 of title 18, United States Code, is amended by inserting at the end thereof the following new item: "667. Theft of livestock.".

SEC. 1113. Section 2316 of title 18, United States Code, is amended by striking out "cattle" each place it appears in the section heading and in the text and inserting in lieu thereof in such instance "livestock". SEC. 1114. Section 2317 of title 18, United States Code, is amended by striking "cattle" each place it appears in the section heading and in the text and inserting in lieu thereof in such instance "livestock". SEC. 1115. The analysis of chapter 113 of title 18, United States Code, is amended by striking out "cattle" in sections 2316 and 2317 and inserting in lieu thereof "livestock". PART

J—18 U.S.C. 219 AMENDMENT

SEC. 1116. Section 219 of title 18, United States Code, is amended by: (1) striking out "an officer or employee" and inserting in lieu thereof "a public official"; and (2) adding at the end thereof the following new paragraph: "For the purpose of this section 'public official' means Member of Congress, the Delegate from the District of Columbia, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Governments thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror.". CHAPTER XII—PROCEDURAL AMENDMENTS

Crimes and misdemeanors.

PART A—PROSECUTION OF CERTAIN JUVENILES AS ADULTS

SEC. 1201. (a) The first paragraph of section 5032 of title 18 of the United States Code is amended to read as follows: "A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have

Post, p. 2150.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/990

 98 STAT. 2150

PUBLIC LAW 98-473—OCT. 12, 1984

jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 841, 952(a), 955, or 959 of 21 USC 841, 952, title 21, and that there is a substantial Federal interest in the case 955, 959. or the offense to warrant the exercise of Federal jurisdiction." Ante, p. 2149. (b) The fourth paragraph of section 5032 of title 18 of the United States Code is amended— (1) by striking "punishable by a maximum term of ten years imprisonment or more, life imprisonment or death," and inserting in lieu thereof: "that is a crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21,"; (2) by striking out "sixteen" and "sixteenth" and inserting in lieu thereof "fifteen" and "fifteenth" respectively; and (3) by striking out the period at the end of the paragraph and inserting in lieu thereof: "; however, a juvenile who is alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony offense that has as an element thereof the use, attempted use, or threatened use of physical force against the person of another, or that, by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense, or would be an offense described in section 32, 81, 844 (d), (e), (f), Post, p. 2187; 18 (h), (i) or 2275 of this title, and who has previously been found use 81, 844; guilty of an act which if committed by an adult would have been U^C 2275 ^"^ ^^ *^® offenses set forth in this subsection or an offense in violation of a State felony statute that would have been such an offense if a circumstance giving rise to Federal jurisdiction had existed, shall be transferred to the appropriate district court of the United States for criminal prosecution."; and (c) Section 5032 of title 18 of the United States Code is further amended by adding at the end thereof the following: "Whenever a juvenile transferred to district court under this section is not convicted of the crime upon which the transfer was based or another crime which would have warranted transfer had the juvenile been initially charged with that crime, further proceedings concerning the juvenile shall be conducted pursuant to the provisions of this chapter. "Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until any prior juvenile court records of such juvenile have been received by the court, or the clerk of the juvenile court has certified in writing that the juvenile has no prior record, or that the juvenile's record is unavailable and why it is unavailable. "Whenever a juvenile is adjudged delinquent pursuant to the provisions of this chapter, the specific acts which the juvenile has been found to have committed shall be described as part of the official record of the proceedings and part of the juvenile's official record.". SEC. 1202. Section 5038 of title 18 of the United States Code is amended to read as follows: Confidentiality.

"§ 5038. Use of juvenile records "(a) Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure

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Page:United States Statutes at Large Volume 98 Part 2.djvu/991

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2151

to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances: "(1) inquiries received from another court of law; "(2) inquiries from an agency preparing a presentence report for another court; "(3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency; "(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court; "(5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and "(6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037. Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding. "(b) District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights relating to his juvenile record. "(c) During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discharge of an official duty by an employee of the court or an employee of any other governmental agency, shall not be disclosed directly or indirectly to anyone other than the judge, counsel for the juvenile and the Government, or others entitled under this section to receive juvenile records. "(d) Whenever a juvenile is found guilty of committing an act which if committed by an adult would be a felony that is a crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21, such juvenile shall be fingerprinted and photographed. Except a juvenile described in subsection (f), fingerprints and photographs of a juvenile who is not prosecuted as an adult shall be made available only in accordance with the provisions of subsection (a) of this section. Fingerprints and photographs of a juvenile who is prosecuted as an adult shall be made available in the manner applicable to adult defendants. "(e) Unless a juvenile who is taken into custody is prosecuted as an adult neither the name nor picture of any juvenile shall be made public in connection with a juvenile delinquency proceeding. "(f) Whenever a juvenile has on two separate occasions been found guilty of committing an act which if committed by an adult would be a felony crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21, the court shall transmit to the Federal Bureau of Investigation, Identification Division, the information concerning the adjudications, including name, date of adjudication, court, offenses, and sentence, along with the notation that the matters were juvenile adjudications.".

18 USC 5037.

21 USC 841, 952, ^^^' 959-

Public information.

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text: Author:Henry Jasper Philpott

title: Author:Henry Jasper Philpott


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/992

 98 STAT. 2152

PUBLIC LAW 98-473—OCT. 12, 1984 PART B—WIRETAP AMENDMENTS

SEC. 1203. (a) Section 2518(7) of title 18 of the United States Code is amended by inserting ", the Deputy Attorney General, the Associate Attorney General," after the words "Attorney General". (b) Paragraph (a) of section 2518(7) of title 18 of the United States Code is amended to read as follows: "(a) an emergency situation exists that involves— "(i) immediate danger of death or serious physical injury to any person, "(ii) conspiratorial activities threatening the national security interest, or "(iii) conspiratorial activities characteristic of organized crime, that requires a wire or oral communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and". (c) Subsection (1) of section 2516 of title 18 of the United States Code is amended— (1) in paragraph (c) by adding "section 1343 (fraud by wire, radio, or television), section 2252 or 2253 (sexual exploitation of children)," after "section 664 (embezzlement from pension and welfare funds),"; (2) again in paragraph (c) by deleting "section 1503" and substituting "sections 1503, 1512, and 1513"; (3) by deleting the "or" at the end of paragraph (f), by redesignating present paragraph "(g)" as "(h)", and by inserting a new paragraph (g) as follows: "(g) a violation of section 5322 of title 31, United States Code (dealing with the reporting of currency transactions); or" and (4) in the first paragraph by inserting the words "Deputy Attorney General, Associate Attorney General," after the words "Attorney General.". PART C—EXPANSION OF VENUE FOR THREAT OFFENSES Mail. Commerce and trade. Imports.

Repeal.

SEC. 1204. (a) The second paragraph of subsection (a) of section 3237 of title 18, United States Code is amended to read as follows: "Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.". (b) Section 3239 of title 18 of the United States Code is deleted, and amend section analysis accordingly. PART D—INJUNCTIONS AGAINST FRAUD

SEC. 1205. (a) Chapter 63 of title 18 of the United States Code is amended by adding at the end thereof a new section 1345 as follows: Ante, p. 2147. 18 USC 1345.

"§ 1345. Injunctions against fraud "Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a violation of this chapter, the Attorney General may initiate a civil proceeding

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Page:United States Statutes at Large Volume 98 Part 2.djvu/993

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2153

in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.". (b) The analysis at the beginning of chapter 63 of title 18 is amended by adding after the item relating to section 1343 the following:

28 USC app. 18 USC app.

"1345. Injunctions against fraud.". PART E—GOVERNMENT APPEAL OF POST-CONVICTION N E W TRIAL ORDERS

SEC. 1206. The first paragraph of section 3731 of title 18 of the United States Code is amended by adding, after "indictment or information" the words, "or granting a new trial after verdict or judgment,". PART F—WITNESS PROTECTION SUBPART A

SEC. 1207. This subpart may be cited as the "Witness Security Reform Act of 1984".

Witness Security Reform Act of

1984. 18 USC 3521 note.

AUTHORITIES OF ATTORNEY GENERAL

SEC. 1208. Part II of title 18, United States Code, is amended by inserting after chapter 223 the following new chapter:

"CHAPTER 224—PROTECTION OF WITNESSES "Sec. "3521. "3522. "3523. "3524. "3525. "3526. "3527. "3528.

Witness relocation and protection. Probationers and parolees. Civil judgments. Child custody arrangements. Victims Compensation Fund. Cooperation of other Federal agencies and State governments. Additional authority of Attorney General. Definition.

"§ 3521. Witness relocation and protection 18 USC 3521. "(a)(1) The Attorney General may provide for the relocation and other protection of a witness or a potential witness for the Federal Government or for a State government in an official proceeding concerning an organized criminal activity or other serious offense, if the Attorney General determines that an offense involving a crime of violence directed at the witness with respect to that proceeding, an offense set forth in chapter 73 of this title directed at the witness, 18 USC 1501 et or a State offense that is similar in nature to either such offense, is s^9likely to be committed. The Attorney General may also provide for the relocation and other protection of the immediate family of, or a person otherwise closely associated with, such witness or potential

31-194 - 0 - 86 - 32: QL. 3 Part 2

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