text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/166

 100 STAT. 3640

PUBLIC LAW 99-650—NOV. 14, 1986

"§ 11-1913. Protection of employment of jurors. "(a) An employer shall not deprive an employee of employment, threaten, or otherwise coerce an employee with respect to employment because the employee receives a summons, responds to a summons, serves as a juror, or attends Court for prospective jury service. "(b) An employer who violates subsection (a) is guilty of criminal contempt. Upon a finding of criminal contempt an employer may be fined not more than $300, imprisoned for not more than 30 days, or both, for a first offense, and may be fined not more than $5,000, imprisoned for not more than 180 days, or both, for any subsequent offense. "(c) If an employer discharges an employee in violation of subsection (a), the employee within 9 months of such discharge may bring a civil action for recovery of wages lost as a result of the violation, for an order of reinstatement of employment, and for damages. If an employee prevails in an action under this subsection, that employee shall be entitled to reasonable attorney fees fixed by the court.

Law enforcement and crime.

Claims. Wages.

"§ 11-1914. Preservation of records. • s "(a) All records and lists compiled and maintained in connection with the selection and service of jurors shall be preserved for the '•' "(b) The contents of any records or lists used in connection with the selection process shall not be disclosed, except in connection with the preparation or presentation of a motion under § 11-1910, or until all individuals selected to serve as grand or petit jurors from such lists have been discharged., ,,
 * ^-;jifl length of time specified in the jury system plan.

,.

"§ 11-1915. Fraud in the selection process. "An individual who commits fraud in the processing or selection of jurors or prospective jurors, either by causing any name to be inserted into any list maliciously or by causing any name to be deleted from any list maliciously (including malicious data entry or the altering of any data processing machine or any set of instructions or programs which control data processing equipment for such malicious purpose), is guilty of the crime of jury tampering, and, upon conviction, may be punished by a fine of not more than $10,000, imprisonment for not more than two years, or both. This section shall not limit any other provisions of law concerning the crime of jury tampering. ., . "§ 11-1916. Grand jury; additional grand jury. "(a) A grand jury serving in the District of Columbia may take cognizance of all matters brought before it regardless of whether an indictment is returnable in the Federal or District of Columbia courts. "(b) If the United States Attorney for the District of Columbia certifies in writing to the chief judge that an additional grand jury is required, the judge may in his or her discretion order an additional grand jury summoned which shall be drawn at such time as he or she designates. Unless discharged by order of the judge, the additional grand jury shall serve until the end of the term for which it is drawn.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/167

 PUBLIC LAW 99-650—NOV. 14, 1986

100 STAT. 3641

"§11-1917. Coordination and cooperation of courts. "To the extent feasible, the Superior Court and the United States District Court shall consider the respective needs of each court in the qualification, selection, and service of jurors. Nothing in this chapter shall be construed to prevent such courts from entering into any agreement for sharing resources and facilities (including automated data processing hardware and software, forms, postage, and other resources).

Contracts.

"§ 11-1918. Effect of invalidity. "If any provision of this Act or the application of that provision is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application.". SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

28 USC 1869.

Section 1869(f) of title 28, United States Code, is amended by striking out "except that for purposes of sections 1861, 1862, 1866(c), 1866(d), and 1867 of this chapter such terms shall include the Superior Court of the District of Columbia". SEC. 4. EFFECTIVE DATE. (a) Except as provided in subsection (b), the provisions of this Act shall take effect 180 days after the date of enactment of this Act. (b) Upon enactment of this Act, the Board of Judges shall have authority to promulgate and adopt a jury system plan in accordance with this Act and the Court and the clerk of the Court shall have authority to take all necessary actions preliminary to the assumption of the administration of an independent jury system under this Act.

28 USC 1869 ^ote.

Approved November 14, 1986.

LEGISLATIVE HISTORY—H.R. 2946: HOUSE REPORTS: No. 99-324 (Comm. on the District of Columbia). SENATE REPORTS: No. 99-473 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 28, considered and passed House. Vol. 132 (1986): Oct. 18, considered and passed Senate, amended; House concurred in Senate amendments.

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


text:
Page:Bobbsey Twins at the Seashore.djvu/191

Rh Uncle Daniel. Then Nan filled his gourd from the dipper that stood in the big pail of lemonade, and he smacked his lips in appreciation.

There was so much to do and so much to see that the few hours allowed the excursionists slipped by all too quickly. Dorothy ran away and soon returned with her donkey cart, to take Nettie Prentice and a few of Nettie's friends for a ride along the beach. Nan and Nellie did not go, preferring to give the treat to the little country girls.

"Now don't go far," directed Aunt Emily, for Aunt Sarah and Uncle Daniel were already leaving the beach to make ready for the train. Of course Harry and Aunt Sarah were all "packed up" and had very little to do at Aunt Emily's before starting.

Hal and Bert were sorry, indeed, to have Harry go, for Harry was such a good leader in outdoor sports, his country training always standing by him in emergencies.

Finally Dorothy came back with the girls from their ride, and the people were beginning to crowd into the long line of cars that waited on a switch near the station.


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/168

 100 STAT. 3642

PUBLIC LAW 99-651—NOV. 14, 1986

Public Law 99-651....;,,..,.... 99th Congress n Nov 14 1986 Lxi.rv. OUU1J

Courts, U.S.

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'^° amend section 3006A of title 18, United States Code, to improve the delivery of legal services in the criminal justice system to those persons financially unable to obtain adequate representation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

CriminalJustice Act Revision of 18 USC 3006A

 * f ••; '- • • j ' -v•

TITLE I—CRIMINAL JUSTICE ACT REVISION 5,,

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SEC. 101. SHORT TITLE.

This title may be referred to as the "Criminal Justice Act Revision ,,,,

of 1986 ".

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V,,,,

SEC. 102. AMENDMENTS TO TITLE 18. UNITED STATES CODE.

18 USC 5031.

18 USC 4201 et seq. 18 USC 4241 ^* *^9-

(a) IN GENERAL.—Section 3006A of title 18, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out "(1) who is" and all that follows through "subsection (h)." and inserting in lieu thereof the following: "in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following: "(1) Representation shall be provided for any financially eligible person who— "(A) is charged with a felony or a misdemeanor (other than a petty offense as defined in section 1 of this title); "(B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in section 5031 of this title; "(C) is charged with a violation of probation; "(D) is under arrest, when such representation is required by law; "(E) is entitled to appointment of counsel in parole proceedings under chapter 311 of this title; "(F) is subject to a mental condition hearing under chapter 313 of this title; "(G) is in custody as a material witness; "(H) is entitled to appointment of counsel under the sixth amendment to the Constitution; or "(I) faces loss of liberty in a case, and Federal law requires the appointment of counsel. "(2) Whenever the United States magistrate or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who— "(A) is charged with a petty offense for which a sentence to confinement is authorized; or "(B) is seeking relief under section 2241. 2254, or 2255 of title 28. A:

.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/169

 PUBLIC LAW 99-651—NOV. 14, 1986

100 STAT. 3643

"(3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both: "(A) Attorneys furnished by a bar association or a legal aid agency. "(B) Attorneys furnished by a defender organization established in accordance with the provisions of subsection •

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(g).".

(2) Subsection (b) is amended— (A) in the second sentence— (i) by striking out "In every criminal case" and all that follows through "violation of probation and" and inserting in lieu thereof "In every case in which a person entitled to representation under a plan approved under subsection (a)"; and (ii) by striking out "defendant" and inserting in lieu thereof "person'; (B) in the third sentence by striking out "defendant" each place it appears and inserting in lieu thereof "person"; and (C) in the fifth sentence by striking out "defendants" and inserting in lieu thereof "persons". (3)(A) Subsection (d)(1) is amended by striking out "court. Such attorney" and inserting in lieu thereof "court, unless the Judicial Conference determines that a higher rate of not in excess of $75 per hour is justified for a circuit or for particular districts within a circuit, for time expended in court or before a United States magistrate and for time expended out of court. The Judicial Conference shall develop guidelines for determin- Regulations, ing the maximum hourly rates for each circuit in accordance with the preceding sentence, with variations by district, where appropriate, taking into account such factors as the minimum range of the prevailing hourly rates for qualified attorneys in the district in which the representation is provided and the recommendations of the judicial councils of the circuits. Not less than 3 years after the effective date of the Criminal Justice Act Revision of 1986, the Judicial Conference is authorized to raise the maximum hourly rates specified in this paragraph up to the aggregate of the overall average percentages of the adjustments in the rates of pay under the General Schedule made pursuant to section 5305 of title 5 on or after such effective date. After the rates are raised under the preceding sentence, such maximum hourly rates may be raised at intervals of not less than 1 year each, up to the aggregate of the overall average percentages of such adjustments made since the last raise was made under this paragraph. Attorneys". rfjumnl (B) Subsection (d)(2) is amended— (i) in the first sentence— (I) by striking out "$2,000" and inserting in lieu thereof "$3,500"; and (II) by striking out "$800" and inserting in lieu thereof "$1,000"; (ii) in the second sentence by striking out "$2,000" and inserting in lieu thereof "$2,500"; and (iii) by striking out the third sentence and inserting in lieu thereof the following: "For any other representation required or authorized by this section, the compensation

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/170

 100 STAT. 3644

PUBLIC LAW 99-651—NOV. 14, 1986 shall not exceed $750 for each attorney in each proceed-

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ing.".

(C) Subsection (d)(3) is amended by adding at the end thereof the following: "The chief judge of the circuit may delegate such ' c approval authority to an active circuit judge.". (D) Subsection (d)(4) is amended in the first sentence by striking out "represented the defendant" and inserting in lieu thereof "provided representation to the person involved '. (4)(A) Subsection (e)(1) is amended in the first sentence by striking out "an adequate defense" and inserting in lieu thereof "adequate representation". (B) Subsection (e)(2) is amended to read as follows: "(2) WITHOUT PRIOR REQUEST.—(A) Counsel appointed under this section may obtain, subject to later review, investigative, expert, and other services without prior authorization if necessary for adequate representation. Except as provided in subparagraph (B) of this paragraph, the total cost of services obtained without prior authorization may not exceed $300 and expenses reasonably incurred. "(B) The court, or the United States magistrate (if the services were rendered in a case disposed of entirely before the United States magistrate), may, in the interest of justice, and upon the finding that timely procurement of necessary services could not await prior authorization, approve payment for such services after they have been obtained, even if the cost of such services exceeds $300.". (C)(i) Subsection (e)(3) is amended by striking out "$300" and inserting in lieu thereof "$1,000". (ii) Subsection (e)(3) is amended by adding at the end thereof ?£.'.;:iu.;i>»r the following: "The chief judge of the circuit may delegate such approval authority to an active circuit judge.". (5)(A)(i) Subsection (h)(2)(A) is amended by striking out "similarly as under title 28, United States Code, section 605, and subject to the conditions of that section" and inserting in lieu thereof "in accordance with section 605 of title 28". (ii) Subsection (h)(2)(A) is amended by inserting after the fourth sentence the following: "Upon the expiration of his term, a Federal Public Defender may, by a majority vote of the judges of the court of appeals, continue to perform the duties of his ? office until his successor is appointed, or until one year after the expiration of such Defender's term, whichever is earlier.". (B) Subsection (h)(2)(B) is amended in the third sentence by striking out "coming" and inserting in lieu thereof "next fiscal". (C) Subsection (h) is further amended by adding at the end thereof the following: Insurance. "(3) MALPRACTICE AND NEGLIGENCE SuiTS.—The Director of the Administrative Office of the United States Courts shall, to the extent the Director considers appropriate, provide representation tor and hold harmless, or provide liability insurance for, any person who is an officer or employee of a Federal Public Defender Organization established under this subsection, or a Community Defender Organization established under this subsection which is receiving f periodic sustaining grants, for money damages for injury, loss of liberty, loss of property, or personal injury or death arising from I malpractice or negligence of any such officer or employee in furnishi ing representational services under this section while acting within the scope of that person's office or employment.".

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/171

 PUBLIC LAW 99-651-NOV. 14, 1986

100 STAT. 3645

(6) Subsection (j) is amended by inserting immediately before the period at the end of the first sentence the following: ", including funds for the continuing education and training of persons providing representational services under this section". (7) Subsection (1) is amended— (A) by striking out ", other than subsection (h) of section 1,"; and (B) by striking out "Act" each place it appears and inserting in lieu thereof "section". (b) ADDITIONAL AMENDMENTS.—(1) Section 3006A of title 18, United States Code, is further amended by striking out subsection (g) and redesignating subsections (h) through (1) as subsections (g) through (k), respectively. (2) Subsection (j), as redesignated by paragraph (1), is amended to read as follows: "(j) DISTRICTS INCLUDED.—As used in this section, the term 'district court' means each district court of the United States created by chapter 5 of title 28, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, and the District Court of Guam.".

Virgin Islands. Northern Mariana Islands. Guam. 28 USC 81 et seq.

SEC. 103. TECHNICAL AMENDMENTS.

18 USC 3006A.

Section 223(e) of the Comprehensive Crime Control Act of 1984 (Public Law 98-473; 98 Stat. 2028) is amended to read as follows: "(e) Section 3006A(a) is amended— "(1) in paragraph (1)(A) by striking out 'misdemeanor (other than a petty offense as defined in section 1 of this title)' and inserting in lieu thereof 'Class A misdemeanor'; "(2) in paragraph (1) by striking out subparagraph (E) and redesignating subpar^raphs (F) through (I) as subparagraphs (E) through (H), respectively; and "(3) in paragraph (2)(A) by striking out 'petty offense' and inserting in lieu thereof 'Class B or C misdemeanor, or an infraction'.". SEC. 104. WITNESS FEES.

Section 1825 of title 28, United States Code, is amended to read as follows: "§ 1825. Payment of fees "(a) In any case in which the United States or an officer or agency of the United States is a party, the United States marshal for the district shall pay all fees of witnesses on the certificate of the United States attorney or assistant United States attorney, and in the proceedings before a United States magistrate, on the certificate of such magistrate, except that any fees of defense witnesses, other than experts, appearing pursuant to subpoenas issued upon approval of the court, shall be paid by the United States marshal for the district— "(1) on the certificate of a Federal public defender or assistant Federal public defender, in a criminal case in which the defend ant is represented by such Federal public defender or assistant Federal public defender, and "(2) on the certificate of the clerk of the court upon the affidavit of such witnesses' attendance given by other counsel appointed pursuant to section 3006A of title 18, in a criminal case in which a defendant is represented by such other counsel.

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Category:Henry Every

This category is for works written about Henry Every.

title: Category:Henry Every


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/172

 100 STAT. 3646 28 USC 2255.

18 USC 3006A note.

eiaims.

PUBLIC LAW 99-651—NOV. 14, 1986

"(b) In proceedings in forma pauperis for a writ of habeas corpus, and in proceedings in forma pauperis under section 2255 of this title, the United States marshal for the district shall pay, on the certificate of the district judge, all fees of witnesses for the party authorized to proceed in forma pauperis, except that any fees of witnesses for such party, other than experts, appearing pursuant to subpoenas issued upon approval of the court, shall be paid by the United States marshal for the district— "(1) on the certificate of a Federal public defender or assistant I Federal public defender, in any such proceedings in which a party is represented by such Federal public defender or assistant Federal public defender, and "(2) on the certificate of the clerk of the court upon the 0 affidavit of such witnesses' attendance given by other counsel appointed pursuant to section 3006A of title 18, in any such proceedings in which a party is represented by such other counsel. "(c) Fees and mileage need not be tendered to a witness upon service of a subpoena issued on behalf of the United States or an officer or agency of the United States, upon service of a subpoena issued on behalf of a defendant represented by a Federal public defender, assistant Federal public defender, or other attorney appointed pursuant to section 3006A of title 18, or upon service of a subpoena issued on behalf of a party authorized to proceed in forma pauperis, if the payment of such fees and mileage is to be made by the United States marshal under this section.". SEC. 105. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect one hundred and twenty days after the date of enactment of this Act. The maximum hourly rates provided in section 3006A(d)(l) of title 18, United States Code, as amended by section 102(a)(3)(A) of this Act, shall apply only to services performed on or after the effective date of this title. The maximum allowed for compensation for a case, as provided in section 3006A(d)(2) of title 18, United States Code, as amended by section 102(a)(3)(B) of this Act, shall apply only to compensation claims in which some portion of the claim is for services performed on or after the effective date of this title. The maximum compensation allowed pursuant to section 3006A(e) of title 18, United States Code, as amended by subparagraphs (B) and (C) of section 102(a)(4) of this Act, shall apply only to services obtained on or after the effective date of this title. TITLE II—RECALL OF CERTAIN JUDICIAL OFFICERS. I SEC. 201. RECALL OF CERTAIN RETIRED JUDICIAL OFFICERS.

(a) MAGISTRATES.—(1) Section 631(d) of title 28, United States Code, is amended— I (A) by striking out "No" and inserting in lieu thereof "Except < as otherwise provided in sections 375 and 636(h) of this title, i no"; (B) by striking out "the unanimous" and inserting in lieu JIIJ f thereof "a majority"; and

(C) by inserting after "courts," the following: "which is taken upon the magistrate's attaining age seventy and upon each f-x ^subsequent anniversary thereof,'..,,..,^..-^ --

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/173

 PUBLIC LAW 99-651—NOV. 14, 1986

100 STAT. 3647

(2) Section 636 of title 28, United States Code, is amended by adding at the end the following: "(h) A United States magistrate who has retired may, upon the consent of the chief judge of the district involved, be recalled to serve as a magistrate in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a magistrate may receive a salary for such service in accordance with regulations promulgated by the Judicied Conference, subject to the restrictions on the payment of an annuity set forth in subchapter III of chapter 83, and chapter 84, of title 5. The requirements set forth 5 USC 8331; ante. in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of P- 516. subsection (h) of such section to the extent such paragraph requires '^' P' " • membership of the bar of the location in which an individual is to serve as a magistrate, shall not apply to the recall of a retired magistrate under this subsection or section 375 of this title. Any Js other requirement set forth in section 631(b) shall apply to the recall 3^' of a retired magistrate under this subsection or section 375 of this title unless such retired magistrate met such requirement upon appointment or reappointment as a magistrate under section 631.". (b) ALTERNATIVE RECALL OF CERTAIN JUDGES AND MAGISTRATES.—

(1) Chapter 17 of title 28, United States Code, is amended by inserting after section 374 the following new section: "§ 375. Recall of certain judges and magistrates "(a)(1) A bankruptcy judge, a judge of the Claims Court, or a United States magistrate appointed under chapter 43 of this title, who has retired under the applicable provisions of title 5 upon attaining the age and years of service requirements established in section 371(c) of this title, may agree to be recalled to serve under this section for a period of five years as a bankruptcy judge, judge of the Claims Court, or magistrate, as the case may be, upon certification that substantial service is expected to be performed by such retired judge or magistrate during such 5-year period. With the agreement of the judge or m s ^ s t r a t e involved, a certification under this subsection may be renewed for successive 5-year periods. "(2) For purposes of paragraph (1) of this subsection, a certification may be made— "(A) in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located; and "(B) in the case of a judge of the Claims Court, by the chief judge of the United States Claims C!ourt. "(3) For purposes of this section— "(A) the term 'bankruptcy judge' means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984; and "(B) the term 'judge of the Claims (Dourt' means a judge of the United States Claims Court who is appointed under chapter 7 of this title or who has served under section 167 of the Federal Courts Improvement Act of 1982. "(b) A judge or m s ^ t r a t e recalled under this section may exercise all of the powers and duties of the office of judge or magistrate held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engg^e in the practice of law or engage in any other business, occupation, or

28 USC 631 etseq.

^•g$H

28 USC 151 «' ««928 USC 171 fsu%r ^RInaTK'^^*®' 28 USC 375.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/174

 100 STAT. 3648

PUBLIC LAW 99-651—NOV. 14, 1986

employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer. "(c) During the 5-year period in which a certification under subsection (a) is in effect, the judge or magistrate involved shall receive, in addition to the annuity provided under the applicable provisions of title 5, an amount equal to the difference between that annuity and the current salary of the office to which the judge or magistrate is recalled. Termination "(d) A certification under subsection (a) may be terminated in date. accordance with section 372(c) of this title, and such a certification 28 USC 372. shall be terminated upon the death of the recalled judge or magistrate involved. "(e) Except as provided in subsection (b), nothing in this section shall affect the right of judges or magistrates who retire under the 5 USC 8301 et provisions of chapter 83 or chapter 84 of title 5 to serve as seq.; ante, p. 516. reemployed annuitants in accordance with the provisions of title 5. A judge or magistrate to whom this section applies may be recalled under section 155, 636(h), or 797 of this title, as the case may be, other than during a 5-year period in which a certification under subsection (a) is in effect with respect to that judge or magistrate. "(f) For purposes of determining the years of service requirements in order to be eligible for recall under this section, any service as a bankruptcy judge, a judge of the Claims C]!ourt, or a United States magistrate, and any prior service as a referee in bankruptcy, a commissioner of the Court of Claims, or a United States commissioner, may be credited. "(g) Except as provided in subsection (c), a judge or magistrate recalled under this section shall be considered to be a reemployed annuitant under chapter 83 or chapter 84, as the case may be, of title 5. "(h) The Judicial C!onference of the United States may promulgate Regulations. regulations to implement this section.". (2) The item relating to section 375 in the table of sections for chapter 17 of title 28, United States C!ode, is amended to read as follows: "375. Recall of certain judges and magistrates.".

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SEC. 202. TECHNICAL AMENDMENTS. (a) RECALL OF BANKRUPTCY JUDGES.—Section 155(b) of title 28,

United States Code, is amended by inserting ", and chapter 84," after "chapter 83". (b) OFFICIAL DUTY STATION.—Section 374 of title 28, United States Code, is amended by adding at the end the following: "The place where a judge or magistrate recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate customarily lives shall be deemed to be the official station of such judge or magistrate for purposes of section 604(a)(7) of this title.". (c) RECALL OF CLAIMS (DOURT JUDGES.—Section 797(a) of title 28, United States Code, is amended by inserting ", or chapter 84," after "chapter 83". (d) CLERICAL AMENDMENT.—Section 633(b) of title 28, United States Code, is amended by striking out "643" and inserting in lieu thereof "634".

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Page:United States Statutes at Large Volume 100 Part 5.djvu/175

 PUBLIC LAW 99-651-NOV. 14, 1986

100 STAT. 3649

SEC. 203. EFFECTIVE DATE.

28 USC 155 note.

This title and the amendments made by this title take effect on January 1, 1987. Approved November 14, 1986.

 * ai:tm

LEGISLATIVE HISTORY—H.R. 3004 (S. 1581): HOUSE REPORTS: No. 99-417 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 9, considered and passed House. Vol. 132 (1986): Oct. 6, considered and passed Senate, amended, in lieu of S. 1581. Oct. 14, 15, House concurred in Senate amendment with an amendment; vacated proceedings and again concurred in Senate amendment with an amendment. Oct. 16, Senate concurred in House amendment.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/176

 100 STAT. 3650 ?:.n,? \r}m:

Nov. 14, 1986 [H.R. 4378]

PUBLIC LAW 99-652—NOV. 14, 1986

Public Law 99-652 99th Congress

,c_^_. An Act

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To provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, PURPOSES

Public buildings ^l^d grounds. 40UbCiooi.

SECTION 1. The purposes of this Act are as follows: (a) to preserve the integrity of the comprehensive design of ^j^g L'Enfant and McMillan plans for the Nation's Capital; (b) to ensure the continued public use and enjoyment of open space in the District of Columbia; (c) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nation's Capital; and (d) to ensure that future commemorative works in areas administered by the National Park Service and the General Services Administration in the District of Columbia and its environs (1) are appropriately designed, constructed, and located and (2) reflect a consensus of the lasting national significance of the subjects involved. DEFINITIONS

40 USC 1002.

SEC. 2. As used in this Act— (a) the term "Secretary" means the Secretary of the Interior; (b) the term "Administrator" means the Administrator of the General Services Administration; (c) the term "commemorative work" means any statue, monument, sculpture, memorial, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of a person, group, event or other significant element of history. The term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes; (d) the term "person" means an individual, group or organization authorized by Congress to establish a commemorative work in the District of Columbia and its environs; (e) notwithstanding any other provision of law, the term "the District of Columbia and its environs" means those lands and properties administered by the National Park Service and the General Services Administration located in Areas I and II as depicted on the map numbered 869/86501, and dated May 1, 1986. ._ ^ ^ io. -

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text:
Page:Bobbsey Twins at the Seashore.djvu/192

180 "Now, Nettie, be sure to write to me," said Nan, bidding her little friend good-by.

"And come down next year," insisted Dorothy.

"I had such a lovely time," declared Nettie. "I'm sure I will come again if I can."

The Meadow Brook Bobbseys had secured good seats in the middle car,—Aunt Sarah thought that the safest,—and now the locomotive whistle was tooting, calling the few stragglers who insisted on waiting at the beach until the very last minute.

Freddie wanted to cry when he realized that Uncle Daniel, Aunt Sarah, and even Harry were going away, but with the promises of meeting again Christmas, and possibly Thanksgiving, all the good-bys were said, and the excursion train puffed out on its long trip to dear old Meadow Brook, and beyond.


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/177

 PUBLIC LAW 99-652—NOV. 14, 1986

100 STAT. 3651

CONGRESSIONAL AUTHORIZATION OF COMMEMORATIVE WORKS IN THE DISTRICT OF COLUMBIA AND ITS ENVIRONS

SEC. 3. (a) No commemorative work may be established in the District of Columbia and its environs unless specifically authorized by Act of Congress. All such authorized commemorative works shall be subject to applicable provisions of this Act. (b) In considering legislation authorizing commemorative works within the District of Columbia and its environs, the Committee on House Administration of the House of Representatives and the Energy and Natural Resources Committee of the Senate shall solicit the views of the National Capital Memorial Commission.

40 USC 1003.

NATIONAL CAPITAL MEMORIAL COMMISSION

SEC. 4. (a) The National Capital Memorial Advisory Committee as 40 USC 1004. established by the Secretary is redesignated as the National Capital Memorial Commission. The membership of the Commission shall be expanded to include: Director, National Park Service (Chairman) Architect of the Capitol Chairman, American Battle Monuments Commission Viti •«? Chairman, Commission of Fine Arts Chairman, National Capital Planning Commission Mayor, District of Columbia Commissioner, Public Building Service, General Services Administration Secretary, Department of Defense (b) The National Capital Memorial Commission shall advise the Secretary and the Administrator on policy and procedures for establishment of (and proposals to establish) commemorative works in the District of Columbia and its environs, as well as such other matters concerning commemorative works in the Nation's Capital as it may deem appropriate. The Commission shall meet at least twice annually. AVAILABILITY OF MAP DEPICTING AREA I AND AREA II

SEC. 5. The Secretary and the Administrator shall make available. Public for public inspection at appropriate offices of the National Park i^^ryS^*,"^^; Service and the General Services Administration, the map num- ^" ^°^ ^""°" bered 869/86501, and dated May 1, 1986. SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II

SEC. 6. (a) AREA I.—The conditions set forth in subsection (b) shall 40 USC 1006. apply to the location of a commemorative work in Area I or in Area II. In addition, the Secretary or Administrator (as appropriate) may approve the location of a commemorative work in Area I only if he finds that the subject of the commemorative work is of preeminent historical and lasting significance to the Nation. The Secretary or Administrator (as appropriate) shall notify, after consultation with the National Capital Memorial Commission, the Congress of his determination that a commemorative work should be located in Area I. The location of a commemorative work in Area I shall be '^ deemed disapproved, unless, not later than 150 days after such notification, the location is approved by law.

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PUBLIC LAW 99-652—NOV. 14, 1986

(b) AREA II.—Commemorative works of subjects of lasting historical significance may be located in Area II, subject to the following conditions: Armed Forces. (1) A military commemorative work may be established in Area II only to commemorate a war or similar major military conflict or to commemorate any branch of the Armed Forces. No commemorative work commemorating a lesser conflict or a unit of an Armed Force shall be permitted in Area II. (2) A commemorative work commemorating an individual or group of individuals, other than a military commemorative work as described in subsection (JoXD of this section, shall not be permitted in Area II until at least twenty-five years after the death of the individual or the last surviving member of the group. ^ ' ' ' (3) A commemorative work other than a work referred to in paragraph (1) or (2) may be constructed in Area II only to commemorate a subject of lasting historical significance. SITE AND DESIGN APPROVAL

40 USC 1007.

SEC. 7. (a) Any person authorized by law to establish a commemorative work in the District of Columbia and its environs shall comply with each of the following requirements before commencing construction of the commemorative work: (1) Such person shall consult with the National Capital Memorial Commission regarding the commemorative work. Such consultation shall include consideration of potential sites in the District of Columbia and its environs. (2) Following consultation in accordance with paragraph (1), the Secretary or Administrator (as appropriate) shall submit, on behalf of such person, site and design proposals to the Commission of Fine Arts and the National Capital Planning Commission and the Secretary or Administrator (as appropriate) for their approval. (b) In considering site and design proposals, the Commission of Fine Arts, the National Capital Planning Commission and the Secretary and Administrator shall be guided by the following ... \ criteria: (1) to the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to the subject of the commemorative work; (2) a commemorative work shall be so located as to prevent interference with, or encroachment upon, any existing ^•Xii OQU > commemorative work and to protect, to the maximum extent practicable, open space and existing public use; and (3) a commemorative work shall be constructed of durable material suitable to the outdoor environment. Landscape features of commemorative works shall be compatible with the climate. CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT

40 USC 1008.

SEC. 8. (a) Prior to issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary or Administrator (as appropriate) shall determine that:

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100 STAT. 3653

(1) the site and design have been approved by the Secretary or Administrator (as appropriate), the National Capital Planning Commission and the Commission of Fine Arts; (2) knowledgeable persons qualified in the field of preservation and maintenance have been consulted to determine struc. j_ tural soundness and durability of the commemorative work, and ' • '^'^" to assure that the commemorative work meets high professional standards; (3) the person authorized to construct the commemorative Contracts. work has submitted contracts for construction and drawings of the commemorative work to the Secretary or Administrator (as appropriate); and (4) the person authorized to construct the commemorative work has available sufficient funds to complete construction of the project. (b) In addition to the foregoing criteria, no construction permit shall be issued unless the person authorized to construct the commemorative work has donated an amount equal to 10 per centum of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative -a ^ work: Provided, That the provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 per centum of the funding for such work is provided by private sources. (1) Notwithstanding any other provision of law, all moneys provided by persons for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. (2) Congress authorizes and directs that the Secretary of the Treasury shall make all or a portion of such moneys available to the Secretary or the Administrator at his request for maintenance of commemorative works. Under no circumstances may the Secretary or Administrator request funds from the separate account exceeding the total moneys deposited by persons establishing commemorative works in areas he administers. The Secretary and the Administrator shall maintain an inventory of funds available for such purposes: Provided, That such moneys shall not be subject to annual appropriations. TEMPORARY SITE DESIGNATION

SEC. 9. (a) If the Secretary, in consultation with the National 40 USC 1009. Capital Memorial Commission, determines that a site where commemorative works may be displayed on a temporary basis is necessary in order to aid in the preservation of the limited amount of open space available to residents of, and visitors to, the Nation's Capital, he may designate such a site on lands administered by him in the District of Columbia. A designation may not be made under the preceding sentence unless, at least one hundred and twenty days before the designation, the Secretary, in consultation with the National Capital Memorial Commission, prepares and submits to the Congress a plan for the site. The plan shall include specifications for the location, construction, and administration of the site, and criteria for displaying commemorative works at the site. (b) Any commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of the person authorized to display the commemorative works. Such

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PUBLIC LAW 99-652—NOV. 14, 1986

person shall agree to indemnify the United States for any liability arising from the display of the commemorative work under this section. f v? MISCELLANEOUS PROVISIONS 40 USC 1010.

Regulations. Federal Register, publication.

SEC. 10. (a) Complete documentation of design and construction of each commemorative work located in the District of Columbia and its environs shall be provided to the Secretary or the Administrator (as appropriate) and shall be permanently maintained in the manner provided by law. (b) Any legislative authority for a commemorative work shall expire at the end of the five-year period beginning on the date of the enactment of such authority, unless the Secretary or Administrator (as appropriate) has issued a construction permit for the commemorative work during that period. (c) Upon completion of any commemorative work within the District of Columbia and its environs, the Secretary or Administrator (as appropriate) shall assume responsibility for the maintenance of such work. (d) The Secretary and the Administrator shall promulgate appropriate regulations to carry out this Act. The regulations shall be published in the Federal Register within one hundred and twenty days after the enactment of this Act. (e) This Act shall not apply to commemorative works authorized by a law enacted before the commencement of the Ninety-ninth Congress. Approved November 14, 1986.

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LEGISLATIVE HISTORY—H.R. 4378: HOUSE REPORTS: No. 99-574 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-421 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): May 5, considered and passed House. Sept. 10, considered and passed Senate, amended. Sept. 29, House concurred in Senate amendments with amendments. Oct. 16, Senate concurred in House amendments. ,,

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 PUBLIC LAW 99-653—NOV. 14, 1986

100 STAT. 3655

Public Law 99-653 99th Congress An Act To amend the Immigration and Nationality Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Immigration and Nationality Act Amendments of 1986". SEC. 2. Section 101(b)(1)(E) (8 U.S.C. 1101(b)(1)(E)) is amended to read: "(E) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or". SEC. 3. Section 101 (8 U.S.C. 1101) is amended by striking out paragraph (1) of subsection (c). SEC. 4. Section 202(b) (8 U.S.C. 1152(b)) is amended to read: "(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to subsection (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his

Nov. 14, 1986 [H.R. 4444] Immigration and Nationality Act Amendments of 1986. 8 USC 1101 note. Children and youth.

United Nations. Foreign states.

Children and youth.

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8 USC 1101.

Regulations. Children and youth.

Records.

PUBLIC LAW 99-653—NOV. 14, 1986

parents was born and in which neither of his parents had a residence at the time of such ahen's birth may be charged to the foreign state of either parent.". SEC. 5. (a) Section 221 (8 U.S.C. 1201) is amended in the following respects: (a) Subsection (a) is amended by substituting the words "foreign state" for the word "quota" wherever the latter appears; by changing the word "immigration" to read "immigrant"; and by deleting the words "one copy of. (b) Subsection (]o) is amended to read: "(b) Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in sections 101(a)(15XA), and 101(a)(15)(G), or in the case of any alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof.". (c) Subsection (c) is amended to read: "(c) An immigrant visa shall be valid for such period, not exceeding four months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business. A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class. An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that he was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible: Provided, That the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays again the statutory fees for an application and an immigrant visa.". (d) Section 8 of the Act of September 11, 1957 (71 Stat. 641; 8 U.S.C. 1201a) is repealed. SEC. 6. Section 222 (8 U.S.C. 1202) is amended by— (a) amending the second and third sentences of subsection (b) thereof to read: "The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer. The copy of each document so furnished shall be

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permanently attached to the application and become a part thereof.". (b) amending the first two sentences of subsection (e) thereof to read: "(e) Except as may be otherwise prescribed by regulations, each application required by this section shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall become the immigrant visa.". SEC. 7. (a) Section 212(a) (8 U.S.C. 1182(a)) is amended by: repealing paragraph (24) thereof: Provided, That no paragraph following paragraph (24) shall be redesignated as a result of this amendment. (b) Section 238 (8 U.S.C. 1228) is amended by repealing subsection (a) thereof and by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d) respectively. (c) Section 241(a) (8 U.S.C. 1251(a)) is amended by repealing paragraph (10) thereof: Provided, That no paragraph following paragraph (10) shall be redesignated as a result of this amendment. SEC. 8. Section 261 (8 U.S.C. 1301) is amended to read: "No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with section 221(b).". SEC. 9. Subsection (a) of section 262 (8 U.S.C. 1302) is amended by deleting the words "section 221(b) of this Act or". SEC. 10. The first sentence of section 264(a) (8 U.S.C. 1304) is amended to read: "(a) The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under section 261 of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 262 of this title.". SEC. 11. Sections (1) and (2) of the Act of October 24, 1962 (76 Stat. 1247, Public Law 87-885) and section 25(a) of the Act of September 26, 1961 (75 Stat. 650, Public Law 87-301) are repealed. SEC. 12. Section 301(g) (8 U.S.C. 1401(g)) is amended by striking out "ten years, at least five" and inserting in lieu thereof "five years, at least two". SEC. 13. Subsection (a) of section 309 (8 U.S.C. 1409) is amended— (a) by striking out "paragraphs (3), (4), (5), and (7) of section 301(a)" and inserting in lieu thereof "paragraphs (c), (d), (e), and (g) of section 301"; and (b) by striking out all after "wedlock", and inserting in lieu thereof "if a blood relationship between the child and the father is established by clear and convincing evidence, provided the father had the nationality of the United States at the time of the child's birth, the father unless deceased has agreed in writing to provide financial support for the child until such child reaches the age of eighteen years and if, while such child is under the age of eighteen years, (1) such child is legitimated under the law of the child's residence or domicile, or (2) the father acknowledges paternity of the child in writing under oath, or (3) paternity of the child is established by adjudication of a competent court.". SEC. 14. Section 320(a) (8 U.S.C. 1431(a)) is amended by inserting "unmarried and" after "(1) such naturalization takes place while such child is".

8 USC 1153 notes.

Children and youth.

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SEC. 15. Section 321(a) (8 U.S.C. 1432(a)) is amended by inserting "unmarried and" after "(4) Such naturalization takes place while such child is". SEC. 16. Section 322(a) (8 U.S.C. 1433(a)) is amended by inserting "unmarried and" after "may be naturalized if. SEC. 17. Subsection (d) of section 340 (8 U.S.C. 1451) is amended by striking out "within five years after such naturalization" and inserting in lieu thereof "within one year after such naturalization". SEC. 18. Subsection (a) of section 349 (8 U.S.C. 1481) is amended— (a) by inserting "voluntarily performing any of the following acts with the intention of relinquishing United States nationality:" after "shall lose his nationality by"; (b) by striking out ", upon an application filed in his behalf by a parent, guardian or duly authorized agent, or through the naturalization of a parent having legal custody of such person" 8 USC 1101. and all that follows through "section 101(a)(27)(E)" in paragraph (1) and inserting in lieu thereof "or upon an application filed by a duly authorized agent, after having attained the age of eighteen years"; (c) by inserting ", after having attained the age of eighteen years" in paragraph (2) after "thereof; (d) by striking out "unless, prior to such entry" and all that follows in paragraph (3) and inserting in lieu thereof "if (a) such armed forces are engaged in hostilities against the United States, or (b) such persons serve as a commissioned or noncommissioned officer; or"; and (e) by inserting "after attaining the age of eighteen years" after "foreign state or political subdivision thereof," in subparagraph (4)(A); (f) by inserting "after attaining the age of eighteen years" after "foreign state or political subdivision thereof," in subparagraph (4)(B). I V; SEC. 19. Section 349 (8 U.S.C. 1481) is further amended by striking s- subsection (b). SEC. 20. Subsection 0)) of section 351 (8 U.S.C. 1483) is amended by striking "paragraphs (2), (4)," and inserting in lieu thereof "paragraph (3)". SEC. 21. Section 2 of chapter 24 of the Act of April 14, 1792, amended by the Act of July 12, 1940 (22 U.S.C. 4195), is amended by striking "article by article,". ISSUANCE OF CERTIFICATES OF CITIZENSHIP FOR CHILDREN ADOPTED BY UNITED STATES CITIZENS

SEC. 22. Section 341 of the Immigration and Nationality Act (8 U.S.C. 1452) is amended— (1) by inserting "(a)" after "341.", and (2) by adding at the end the following new subsection: "(b)(1) The adoptive citizen parent or parents of a child described in paragraph (2) may apply to the Attorney General for a certificate of citizenship for the child. Upon proof to the satisfaction of the Attorney General that the applicant and spouse, if married, are citizens of the United States, whether by birth or by naturalization, and that the child is described in paragraph (2), the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship, but only if the child is at the time within the United States.

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100 STAT. 3659

"(2) A child described in this paragraph is a child born outside of the United States who— "(A) is under the age of 18 years, "(B) is adopted before the child reached th€i age of 16 years by a parent who is a citizen of the United States, either by birth or naturalization, and "(C) is residing in the United States in the custody of the adopting citizen parent, pursuant to a lawful admission for permanent residence.". Approved November 14, 1986. qBao im'-£ ijm.:

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LEGISLATIVE HISTORY—H.R. 4444: HOUSE REPORTS: No. 99-916 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed House. Oct. 18, considered and passed Senate, amended; House concurred in Senate amendment.

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 100 STAT. 3660

PUBLIC LAW 99-654—NOV. 14, 1986

Public Law 99-654 99th Congress An Act Nov. 14, 1986 [H.R. 4745] Sexual Abuse Act of 1986. 18 USC 2241 note.

To amend title 18, United States eode, with respect to sexual abuse.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

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This Act may be cited as the "Sexual Abuse Act of 1986". SEC. 2. DEFINITION OF SEXUAL ABUSE OFFENSES.

Title 18, United States Code, is amended by inserting after chapter 109 the following new chapter:

"CHAPTER 109A—SEXUAL ABUSE "Sec. "2241. "2242. "2243. "2244. "2245. 18 USC 2241.

Drugs and drug abuse. Alcohol and alcoholic beverages.

Aggravated sexual abuse. Sexual abuse. Sexual abuse of a minor or ward. Abusive sexual contact. Definitions for chapter.

"§ 2241. Aggravated sexual abuse "(a) BY FORCE OR THREAT.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act— "(1) by using force against that other person; or "(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. (b) BY OTHER MEANS.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— "(1) renders another person unconscious and thereby engages in a sexual act with that other person; or "(2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— "(A) substantially impairs the ability of that other person to appraise or control conduct; and "(B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. (c) WITH CHILDREN.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not atteined the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. 'i^srisS til.festijiofjot! '^aooH'jsaiifie!

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100 STAT. 3661

"(d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under

subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years. "§ 2242. Sexual abuse "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— "(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping); • or "(2) engages in a sexual act with another person if that other person is— "(A) incapable of appraising the nature of the conduct; or "(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

18 USC 2242.

"§ 2243. Sexual abuse of a minor or ward "(a) O P A MINOR.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who— "(1) has attained the age of 12 years but has not attained the age of 16 years; and "(2) is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than five years, or both. "(b) OF A WARD.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who is— "(1) in official detention; and "(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than one year, or both. "(c) DEFENSES.—(1) In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years. "(2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.

18 USC 2243.

"(d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under

subsection (a) of this section, the Government need not prove that the defendant knew— "(1) the age of the other person engaging in the sexual act; or "(2) that the requisite age difference existed between the persons so engaging. "§ 2244. Abusive sexual contact "(a) SEXUAL CONDUCT IN CIRCUMSTANCES WHERE SEXUAL ACTS ARE PUNISHED BY THIS CHAPTER.—Whoever, in the special maritime and

18 USC 2244.

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' PUBLIC LAW 99-654—NOV. 14, 1986

territorial jurisdiction of the United States or in a Federal prison, knowingly engages in or causes sexual contact with or by another i person, if so to do would violate— "(1) section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more f ^^S ca r:] than five years, or both; "^Q rm. "(2) section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more V. than three years, or both; ./ "(3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than one year, or both; or "(4) subsection (b) of section 2243 of this title had the sexual 1* contact been a sexual act, shall be fined not more than $5,000, imprisoned not more than six months, or both. f

"(b) I N OTHER CIRCUMSTANCES.—Whoever, in the special maritime

and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in sexual contact with another person $5,000, imprisoned not more than six months, or both. 18 USC 2245.
 * . without that other person's permission shall be fined not more than

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"§ 2245. Definitions for chapter . "As used in this chapter— "(1) the term prison' means a correctional, detention, or penal facility; B£l... "(2) the term 'sexual act' means— "(A) contact between the penis and the vulva or the penis 18 nO' ju and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however J. -,,o- ,>, slight; "(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or "(C) the penetration, however slight, of the anal or geni. >, f < 1 tal opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or 7?i';r,r arouse or gratify the sexual desire of any person; and "(3) the term sexual contact' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an ^,, intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; "(4) the term 'serious bodily injury' means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (5) the term 'official detention' means— ^.,:i' "(A) detention by a Federal officer or employee, or under ., the direction of a Federal officer or employee, following
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arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in 'jfit^. i •;/ ^ abeyance, or pending extradition, deportation, or exclusion; ,, ''V'.r<i or
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100 STAT. 3663

"(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis i'- <'' or treatment, court appearance, work, and recreation; Lfp>h. but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of a juvenile delinquency.". r SEC. 3. CONFORMING AND RELATED AMENDMENTS.

a

(a) OTHER TITLE 18 AMENDMENTS.—Title 18, United States Code, is

amended— (1) by striking out chapter 99; , ^ (2) in subsection (a) of section 113 by striking out "or rape"; (3) in subsection (b) of section 113 by striking out "rape" and inserting in lieu thereof "a felony under chapter 109A"; (4) in subsection (a) of section 1111 by striking out ", rape" iD# and inserting in lieu thereof "aggravated sexual abuse or sexual abuse"; (5) in section 1153— (A) in the first paragraph, by striking out "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," and inserting in lieu thereof "a felony under chapter 109A,"; and (B) in each of the second and third paragraphs, by striking o u t ", involuntary sodomy,"; (6) in paragraph (12) of section 3185 by striking out "Rape;" and inserting in lieu thereof "A felony under chapter 109A of this title;"; and (7) in the table of chapters at the beginning of part I— (A) by striking out the item relating to chapter 99; and (B) by inserting after the item relating to chapter 109 the following new item: "109A. Sexual Abuse

18 USC 2031, 2032.

Ante, p. 438.

Ante, p. 3660.

2241".

(b) NON-TITLE 18 PROVISIONS.—(1) The Public Health Service Act is £miended— (A) in section 1904(a)(l)(G) (42 U.S.C. 300w-3(aKlXG)) by striking out "rape victims and for rape prevention" and inserting in lieu thereof "victims of sex offenses and for prevention of sex offenses"* and (B) in section 1905(c)(6) (42 U.S.C. 300w-4(c)(6)) by striking out "rape" and inserting "sex offense" in lieu thereof. (2) The heading of title VI of the Mental Health Systems Act is 94 Stat. 1602. amended by striking out "RAPE" and inserting "SEX OFFENSE" in lieu thereof. (3) The heading for section 601 of the Mental Health Systems Act (42 U.S.C. 9511) is amended by striking out "RAPE" and inserting "SEX OFFENSE" in lieu thereof. (4) Section 601(a) of the Mental Health Systems Act (42 U.S.C. 9511(a)) is amended by striking out "Rape" and inserting "Sex Offenses" in lieu thereof. (5) Section 601(a)(l) of the Mental Health Systems Act (42 U.S.C. 9511(a)(l)) is amended -

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Page:United States Statutes at Large Volume 100 Part 5.djvu/190

 100 STAT. 3664 • t

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PUBLIC LAW 99-654—NOV. 14, 1986

(A) in subparagraph (B), by striking out "the act of rape" and inserting "sex offenses" in lieu thereof; (B) in subparagraph (E), by striking out "rape" and inserting "a sex offense" in lieu thereof; and (C) by striking out "rape" each place it appears other than in ^*' subparagraphs (B) and (E) and inserting "sex offenses" in lieu thereof. (6) Section 601(a)(3) of the Mental Health Systems Act (42 U.S.C. 9511(a)(3)) is amended by striking out "rape" each place it appears and inserting "sex offenses" in lieu thereof. (7) Section 601(e) of the Mental Health Systems Act (42 U.S.C. 9511(e)) is amended by striking out "rape" the first place it appears and inserting "sex offense" in lieu thereof. (8) Section 902(k)(l) of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1472(k)(l)), is amended by striking out "2031, 2032" and inserting in lieu thereof "chapter 109A". SEC. 4. EFFECTIVE DATE.

18 USC 2241 "o*e-

This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. •'

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LEGISLATIVE HISTORY—H.R. 4745: HOUSE REPORTS: No. 99-594 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): May 12, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/191

 PUBLIC LAW 99-655—NOV. 14, 1986

100 STAT. 3665

Public Law 99-655 99th Congress An Act Entitled the "Lower Colorado Water Supply Act".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Nov. 14, 1986 [H.R. 5028] Contracts.

SECTION 1. AUTHORIZATION.

(a) The Secretary of the Interior is authorized to construct, operate, and maintain the Lower Colorado Water Supply Project, California, in order to supply water for domestic, municipal, industrial, and recreational purposes only: Provided, That, the Secretary is hereby authorized, in his discretion, to contract with non-Federal interests for the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe. Such project shall be constructed in stages as increases in demand warrant and substantially in accordance with the plans set forth in the document entitled "Lower Colorado Water Supply Study, California" (December 1985): Provided, That the Secretary is prohibited from constructing facilities with a total capacity in excess of ten thousand acre-feet per annum under authority of this Act. (b)(1) The Secretary is further authorized to enter into exchange contracts and take such actions as the Secretary deems appropriate to facilitate a water exchange agreement between non-Federal interests and those interests designated in section 2(b) of this Act in which such non-Federal interests agree to exchange a portion of their rights to divert water from the Colorado River for an equivalent quantity and quality of groundwater to be withdrawn from a well field located in the Sand Hills area. Imperial County, California, (2) The Secretary is prohibited from executing any contracts under the authority of subsection (b)(1) of this section until such contracts have been submitted to the Committee on Interior and Insular Affairs of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate and ninety calendar days have elapsed. SEC. 2. REPAYMENT OF COSTS.

(a) The Secretary is prohibited from obligating or expending any of the funds authorized to be appropriated by section 3 of this Act until— (1) a study has been completed, and submitted to the appropriate committees of the Congress, allocating among the Federal and non-Federal beneficiaries the capital costs and the costs of operating, maintaining, and replacing the project authorized by section 1 of this Act; (2) the Secretary has entered into a contract or contracts with non-Federal interests for repayment of the capital costs, plus interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the bsisis of the average market yields on outstanding

Regulations.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/192

 100 STAT. 3666

43 USC 390b " ^ en > a-sH r

California.

PUBLIC LAW 99-655—NOV. 14, 1986

marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 per centum, allocated to non-Federal interests for domestic, municipal, industrial, and recreational purposes as identified in the cost allocation study prepared under subsection (a)(1): Provided, That the terms and provisions of such contracts and repayment shall be governed by the provisions of the Water Supply Act of 1958 which were in effect on January 1, 1986; (3) the Secretary has entered into a contract or contracts with non-Federal interests for payment of 100 per centum of the costs allocated to such non-Federal interests for the operation, maintenance, and replacement of the project on a current basis; and (4) the Secretary has transmitted to Congress the final planning report/environmental assessment on the Lower Colorado Water Supply Project. (b) Any Contracts executed by the Secretary to fulfill the requirements of subsections (a)(2) and (a)(3) of this section must be with persons, or Federal or non-Federal governmental entities whose lands or interests in lands are located adjacent to the Colorado River in the State of California who do not hold rights to Colorado River water or whose rights are insufficient to meet their present or anticipated future needs, as determined by the Secretary. Such persons, or Federal or non-Federal governmental entities shall include the city of Needles, the town of Winterhaven, and other domestic, municipal, industrial, and recreational water users along the Colorado River in the State of California.
 * r SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for the construction through September 30, 1993, of the Lower Colorado Water Supply Project the sum of $1,800,000 plus or minus such amounts, if any, as may be justified by reason of ordinary cost indices applicable to the types of construction involved therein and in addition thereto such sums as may be required for operation, maintenance and replacement of that portion of the project used to supply domestic, municipal, industrial, or recreational water supplies for lands managed by the Federal Government. No funds are authorized to be appropriated for payment of the operation, maintenance, or replacement costs allocated to non-Federal beneficiaries as determined by the study undertaken under authority of section 2(a)(l). SEC. 4. CONTRIBUTION OF CONSTRUCTION COSTS.

The Secretary is authorized to accept monetary contributions from the city of Needles and other incorporated cities for the construction of project features of the Lower Colorado Water Supply Project allocated to the provision of water supplies to the city of Needles and other incorporated cities: Provided, That, such contributions shall be credited toward the reimbursable costs to be repaid by the city of Needles and other incorporated cities pursuant to the contracts entered into pursuant to section 2 of this Act. Such contributions by the city of Needles and other incorporated cities shall be contributed during the construction of the appropriate project features and shall constitute 20 percent of the costs of such project features allocated to the city of Needles and other incorporated cities for repayment.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/193

 PUBLIC LAW 99-655—NOV. 14, 1986

100 STAT. 3667

SEC. 5. SAVINGS PROVISION.

Nothing contained in this Act shall be construed to alter, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994, 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California, and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057), the Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a), or the Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501). Nor shall any provision of this Act— (a) affect the rights or jurisdictions of the United States, the States, Indian tribes, or other entities over waters of any river or streams or over any groundwater resources, or (b) otherwise be construed to alter or establish the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water-related right. Approved November 14, 1986.

LEGISLATIVE HISTORY—H.R. 5028: HOUSE REPORTS: No. 99-650 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-496 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): June 24, considered and passed House. Oct. 9, considered and passed Senate, amended. Oct. 15, House disagreed to Senate amendment. Oct. 18, Senate receded from its amendment.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/194

 100 STAT. 3668

PUBLIC LAW 99-656—NOV. 14, 1986

Public Law 99-656 99th Congress

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An Act Nov. 14, 1986 [H.R. 5363]

Infra. 40 USC 258e-i.

Health and "^^fla^^fna' notY 11 USC 1101.

To amend the interest provisions of the Declaration of Taking Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of February 26, 1931 (40 U.S.C. 258a through 258e), is amended— (1) in the second paragraph of the first section by striking "interest at the rate of 6 per centum per annum", and inserting "interest in accordance with section 6 of this Act"; and (2) by adding at the end the following: "SEC. 6. Interest required to be paid under this Act shall be calculated by the district court as follows: "(1) Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period from the date of taking at an annual rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 week United States Treasury bills settled immediately before the date of taking, "(2) Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with paragraph (1) and interest for each additional year shall be calculated on the combined amount of the principal (the amount by which the award of compensation exceeds the deposit referred to in the first section of this Act) and accrued interest at an annual rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 week United States Treasury bills settled immediately before the beginning of each additional year. The Director of the Administrative Office of the United States Courts shall distribute to all Federal courts notice of the rates described in paragraphs (1) and (2).". SEC. 2. (a) Notwithstanding any other provision of chapter 11 of ^i^^® •'^^» United States Code, the bankruptcy trustee in each case described in subsection (b) shall pay benefits until May 15, 1987, to retired former employees under a plan, fund, or program maintained or established by the debtor in such case prior to filing a petition (through the purchase of insurance or otherwise) for the purpose of providing medical, surgical, or hospital care benefits, or benefits in the event of sickness, accident, disability, or death, (b) This section is effective with respect to— (1) cases commenced under chapter 11 of title 11, United States Code, in which a plan for reorganization has not been confirmed by the court and in which any such benefit is still being paid on October 2, 1986; (2) in cases under which an order for relief is entered under chapter 11 of title 11, United States Code, after October 2, 1986, while such case is a case under chapter 11; or

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Page:Bobbsey Twins at the Seashore.djvu/193

Uncle William Minturn came in from the city that evening he had some mysterious news. Everybody guessed it was about Nellie, but as surprises were always cropping up at Ocean Cliff, the news was kept secret and the whispering increased.

"I had hard work to get her to come," said Uncle William to Mrs. Bobbsey, still guarding the mystery, "but I finally prevailed upon her and she will be down on the morning train."

"Poor woman, I am sure it will do her good," remarked Mrs. Bobbsey. "Your house has been a regular hotel this summer," she said to Mr. Minturn.

"That's what we are here for," he replied. Rh


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/195

 PUBLIC LAW 99-656—NOV. 14, 1986

100 STAT. 3669

(3) in cases under title 11, United States Code, involving a partnership which was in existence prior to July 17, 1986, and was the subject of a petition under chapter 11 of title 11, United States Code, upon which an order for relief was entered by a bankruptcy court on August 7, 1986, and where one of the partners received bankruptcy court authorization on August 6, 1986, approving rejection of a partnership agreement, (c) If any provision of this section or the application thereof to any person or circumstance is held invalid, the provisions of every other part of this sectiop and the first section shall not be affected thereby. Approved November 14, 1986.
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LEGISLATIVE HISTORY—H.R. 5363 (S. 2424): HOUSE REPORTS: No. 99-914 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 182 (1986): Sept. 29, considered and passed House. Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in certain Senate amendment with an amendment; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 1986): Nov. 14, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/196

 100 STAT. 3670

PUBLIC LAW 99-657—NOV. 14, 1986

Public Law 99-657 99th Congress

. An Act

Nov. 14, 1986 [H.R. 5674]

To amend title 28, United States Code, with respect to the composition of, and places of holding court in, certain judicial districts.

Judicial

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

Housekeeping Act of 1986.

SECTION 1. SHORT TITLE.

98 imr^ 1 nnto

This Act may be cited as the "Judicial Housekeeping Act of 1986". SEC. 2. DISTRICT OF SOUTH CAROLINA.

Section 121 of title 28, United States Code, is amended— (1) by striking "ten divisions" and inserting "eleven divisions"; (2) in paragraph (1)— (A) by striking "Beaufort,"; and (B) by striking "Georgetown, and Jasper" and inserting "and Georgetown"; and (3) by adding at the end the following: "(11) The Beaufort Division comprises the counties of Beaufort and Jasper. "Court for the Beaufort Division shall be held at Beaufort.". SEC. 3. SOUTHERN DISTRICT OF GEORGIA.

28 USC 121 note.

Section 90(c) of title 28, United States Code, is amended— (1) in paragraph (1) by striking "Lincoln" and inserting "Jefferson, Lincoln"; (2) in paragraph (3) by striking "Evans, Liberty, Screven, and Tattnall" and inserting "and Liberty"; and (3) in paragraph (6) by striking "Jefferson, Jenkins", and inserting "Evans, Jenkins, Screven, Tattnall"; SEC. 4, EFFECTIVE DATE. (a) EFFECTIVE DATE.—(1) The amendments made by sections 2 and 3 take effect 90 days after the date of the enactment of this Act. (2) The amendment made by section 4 takes effect on the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/197

 PUBLIC LAW 99-657—NOV. 14, 1986

100 STAT. 3671

(b) PENDING ACTIONS.—The amendments made by this Act shall not affect any action commenced before the effective date of such amendments and pending on such date. (c) JURIES.—The amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on the effective date of such amendments. Approved November 14, 1986.

LEGISLATIVE HISTORY—H.R. 5674: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 14, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/198

 100 STAT. 3672

PUBLIC LAW 99-658—NOV. 14, 1986

Public Law 99-658 99th Congress Joint Resolution Nov. 14, 1986 [H.J. Res. 626]

To approve the "Compact of Free Association" between the United States and the Government of Palau, and for other purposes.

Trust Territory of the Pacific Islands. Micronesia. Marshall Islands. International Eigreements. 61 Stat. 3301. United Nations. 59 Stat. 1031.

Whereas the United States is the administering authority of the Trust Territory of the Pacific Islands under the terms of the Trusteeship Agreement for the former Japanese Mandated Islands entered into by the United States with the Security Council of the United Nations on April 2, 1947, and approved by the United States on July 18, 1947; and Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Nations and the objectives of the international trusteeship system, has promoted the development of the peoples of the Trust Territory toward self-government or independence as appropriate to the particular cicumstances of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned; and Whereas the United States, in response to the desires of the people of Palau expressed through their freely-elected representatives and by the official pronouncements and enactments of their lawfully constituted government, and in consideration of its own obligations under the Trusteeship Agreement to promote selfdetermination, entered into political status negotiations with representatives of the people of Palau; and Whereas these negotiations resulted in the "Compact of Free Association" between the United States and Palau which, together with its related agreements, was signed by the United States and by Palau on January 10, 1986; and Whereas the Compact of Free Association received a favorable vote of a majority of the people of Palau voting in a United Nationsobserved plebiscite conducted on February 21, 1986; and Whereas the Supreme Court of Palau has ruled that the constitutional process of Palau for approval of the Compact of Free Association in accordance with section 411 of the Compact has not yet been completed; and Whereas the President of Palau has requested the United States to complete the process of United States approval of the Compact of Free Association in accordance with section 411 of the Compact through enactment of an appropriate joint resolution: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled.

Post, p. 3678.

48 USC 1681 note.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/199

 PUBLIC LAW 99-658—NOV. 14, 1986

100 STAT. 3673

TITLE I—APPROVAL OF COMPACT; INTERPRETATION OF, AND UNITED STATES POLICIES REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS APPROVAL OF COMPACT OF FREE ASSOCIATION

SEC. 101. (a) APPROVAL.—The Compact of Free Association set 48 USC I68i forth in title II of this joint resolution between the United States note. and the Government of Palau is hereby approved, and Congress hereby consents to the agreements as set forth on pages 154 through 405 of House Document 99-193 of April 9, 1986 (hereafter in this joint resolution referred to as subsidiary or related agreements), as they relate to such Government. Subject to the provisions of this President of U.S. joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. (b) REFERENCE TO THE COMPACT.—Any reference in this joint m r c i- 'f; « resolution to the "Compact" shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. (c) AMENDMENT, CHANGE, OR TERMINATION OF THE COMPACT AND CERTAIN AGREEMENTS.—(1) Mutual agreement by the Government

of the United States as provided in the Compact which results in amendment, change, or termination of all or any part thereof shall be affected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such result, may be effected other than by Act of Congress. (2) The provisions of paragraph (1) shall apply— (A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442; (B) to any amendment, change, or termination in any agreement that may be concluded at any time between the Government of the United States and the Government of Palau regarding friendship, cooperation and mutual security concluded pursuant to sections 321 and 323 of the Compact referred to in section 462(h); (C) to any amendment, change, or termination of the agreements concluded pursuant to Compact sections 175 and 221(a)(4), the terms of which are incorporated by reference into the Compact; and (D) to the following subsidiary agreements, or portions ' thereof: (i) Article II of the agreement referred to in section 462(a) risr of the Compact; (ii) Article II of the agreement referred to in section ii9-}i 462(b) of the Compact; (iii) Article II and Section 7 of Article X of the agreement ^• ' referred to in section 462(f) of the (Dompact; (iv) the £^eement referred to in section 462(g) of the Compact; (v) Articles II, III, IV, V, VI, and VII of the agreement referred to in section 462(h) of the Compact; and (vi) Articles VI, XV, and XVII of the agreement referred ? to in section 462(i) of the Compact.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/200

 lOa STAT. 3674 President of U.S. Post, p. 3679.

PUBLIC LAW 99-658—NOV. 14, 1986

(d) EFFECTIVE DATE.—(1) The authority of the President to agree to an effective date for the Compact of Free Association between the United States and Palau concurrently with termination of the Trusteeship shall be carried out in accordance with this section, and the Compact shall not take effect until after— (A) The President has certified to the Congress that the i;H ilf?) Compact has been approved in accordance with Section 411(a) and (b) of the Compact, and that there exists no legal impediment to the ability of the United States to carry out fully its responsibilities and to exercise its rights under Title Three of the Compact, as set forth in this Act, and (B) enactment of a joint resolution which has been reported by I;o r. •'..^T*] the Committee on Energy and Natural Resources of the Senate and the Committees on Interior and Insular Affairs and Foreign Affairs and other appropriate Committees of the House of Representatives authorizing entry into force of the Compact, and (C) agreements have been concluded with Palau which satisfy 99 Stat. 1775. ' the requirements of Section 102 of Public Law 99-239. For the purpose of this subsection the word "Palau" shall be substituted for "Federated States of Micronesia" whenever it appears in Section 102 of Public Law 99-239. (2) Any agreement concluded with Palau pursuant to subparagraph 101(d)(l)(C) of this title and any agreement which would amend, change, or terminate any subsidiary agreement or related agreement, or portion thereof, as set forth in paragraph (4) of this subsection shall be submitted to the Congress. No such agreement shall take effect until after the expiration of 30 days after the date such agreement is so submitted (excluding days on which either House of Congress is not in session). (3) No agreement described in paragraph (2) shall take effect if a joint resolution of disapproval is enacted during the period specified in paragraph (2). For the purpose of expediting the consideration of such a joint resolution, a motion to proceed to the consideration of any such joint resolution after it has been reported by an appropriate committee shall be treated as highly privileged in the House of Representatives. Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of 90 Stat. 765. Public Law 94-329. (4) The subsidiary agreement of portions thereof referred to in paragraph (2) are as follows: (A) Articles III and IV of the agreement referred to in section 462(b) of the Compact. SIT (B) Articles III, IV, V, VI, VII, VIII, IX, and X (except for section 7 thereof) of the agreement referred to in section 462(f) of the Compact. (C) Articles IV, V, X, XIV, XVI, and XVIII of the agreement urn referred to in section 462(i) of the Compact. (D) Articles II, V, VI, VII, and VIII of the agreement referred to in section 462(h) of the Compact. (E) The agreement referred to in section 462(j) of the Compact. President of U.S. (5) No agreement between the United States and the Government of Palau which would amend, change, or terminate any subsidiary or related agreement, or portion thereof, other than those set forth in subsection (d) of this section or paragraph (4) of this subsection, shall take effect until the President has transmitted such an agreement to the President of the Senate and the Speaker of the House of

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Page:United States Statutes at Large Volume 100 Part 5.djvu/201

 PUBLIC LAW 99-658—NOV. 14, 1986

100 STAT. 3675

Representatives, together with an explanation of the agreement and the reasons therefor. EXTENSION OF COMPACT OF FREE ASSOCIATION TO PALAU

SEC. 102. (a) The interpretation of and United States Policy 48 USC 1681 Regarding the Compact of Free Association set forth in section 104 note. of Public Law 99-239 shall apply to the Compact of Free Association with Palau. (b) The provisions of section 105, except for subsection (i), section 106, section 110, and section 111(a) and (d) of Public Law 99-239, as amended, shall apply to Palau in the same manner and to the same extent as such sections apply to the Marshall Islands. REPEAL OF TITLE V OF THE COMPACT OF FREE ASSOCIATION ACT (PUBLIC LAW 9 9 - 2 3 9)

SEC. 103. Title V of the Public Law 99-239 is repealed.

48 USC 1681 note.

SUPPLEMENTAL PROVISIONS CIVIC ACTION TEAMS.—In recognition

104. (a) of the special 48 USC 1681 development needs of Palau and the Marshall Islands, the United note. States shall make available United States military Civic Action Teams for use in Palau or the Marshall Islands under terms and conditions mutually agreed upon by the Government of the United States and the Governments of Palau or the Marshall Islands, as appropriate. The Government of Palau may use the amount of ^^, $250,000 annually from current account funds provided pursuant to section 211 of the Compact to defray expenditures attendant to the operation of the Civic Action Teams made available pursuant to this subsection. The Government of the Marshall Islands may use the amount of $250,000 annually from current account funds provided under section 211 of Title Two of the Compact of Free Association Post, p. 3687 with the Marshall Islands to defray expenditures attendant to the operation of the Civic Action Teams made available pursuant to this subsection. SEC.

Qo) INVENTORY AND STUDY OF NATURAL, HISTORIC, AND OTHER Historic RESOURCES.—The Secretary of the Interior shall conduct, upon re- preservation. quest of Palau, the Federated States of Micronesia or the Marshall Cultural programs.

Islands, and through the Director of the National Park Service, a comprehensive inventory and study of the most unique and significant natural, historical, cultural, and recreational resources of Palau, the Federated States of Micronesia or the Marshall Islands. Areas or sites exhibiting such qualities shall be described and evaluated with the objective of the preservation of their values and their careful use and appreciation by the public, along with a determination of their potential for attracting tourism. Alternative methodologies for such preservation and use shall be developed for each area or site (including continued assistance from the National Park Service); current or impending damage or threats to the resources of such areas or sites shall be identified and evaluated; and authorities needed to properly protect and allow for public use and appreciation shall be identified and discussed. Such inventory and study shall be conducted in full cooperation and consultation with affected governmental officials and the interested public. A full report on such inventory and study shall be transmitted to Palau or the Federated States of Micronesia or the Marshall Islands, the

Reports.

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