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 98 STAT. 1718

Marketing.

PUBLIC LAW 98-445—OCT. 4, 1984

proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued under section 7. (b) The enforcement of this Act and the regulations issued under section 7 shall be the joint responsibility of the department in which the Coast Guard is operating, the Department of Commerce, and the United States Customs Service. In addition, the Secretary of Commerce may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of American Samoa to carry out enforcement activities under this section. When so designated, such officers and employees may function as Federal law enforcement agents for these purposes. (c) An individual authorized to carry out enforcement activities under this section has power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act. (d) An individual so authorized to carry out enforcement activities under this section has power— (1) with or without a warrant or other process, to arrest any person subject to the jurisdiction of the United States at any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued under section 7; (2) with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if, as a result of the search he has reasonable cause to believe that such vessel or any individual on board is engaging in operations in violation of this Act or any regulation issued thereunder to arrest such person. (e) An individual authorized to enforce this Act may seize, whenever or wherever lawfully found, all species of designated tuna taken or retained in violation of this Act or the regulations issued under section 7. Any species so seized may be disposed of pursuant to the order of a court of competent jurisdiction, under subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of Commerce. (f) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any species of designated tuna seized if the process has been levied, on receiving from the claimant of the species a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the species seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against "both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and

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 PUBLIC LAW 98-445—OCT. 4, 1984

98 STAT. 1719

subject to the direction of the court, the species may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case. SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for fiscal years after fiscal year 1984 such sums as may be necessary to carry out this Act. Approved October 4, 1984.

LEGISLATIVE HISTORY—H.R. 5147: HOUSE REPORT No. 98-721 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-559 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, May 1, considered and passed House. Sept. 21, considered and passed Senate.

16 USC 972h.

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


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 *^8 STAT. 1720

PUBLIC LAW 98-446—OCT. 4, 1984

Public Law 98-446 98th Congress Joint Resolution Oct. 4, 1984 [ H J. Res. 554]

To designate the week of November 11, 1984, through November 17, 1984, as "Women in Agriculture Week".

Whereas farmwomen contribute substantially to the stabilization of family farms in the United States; Whereas more than one million women are engaged, either solely or jointly, in the operation of farms in the United States; Whereas farmwomen are involved in all aspects of farming operations either as accountants, machine operators, veterinarians, crop specialists, businesswomen, mothers, or other occupations; Whereas farmwomen also make significant contributions to agriculture, the leading employer in the United States, by virtue of their motivation and pride; Whereas farmwomen are committed to the preservation of their families and farming operations and to the prosperity of our Nation's agricultural economy; and Whereas the appropriate recognition of the contributions made by our Nation's farmwomen is long overdue: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 11, 1984, through November 17, 1984, is designated as "Women in Agriculture Week" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved October 4, 1984.

LEGISLATIVE HISTORY—H.J. Res. 554: CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 8, considered and passed House. Sept. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/561

 PUBLIC LAW 98-447—OCT. 4, 1984

98 STAT. 1721

Public Law 98-447 98th Congress Joint Resolution Regarding the implementation of the policy of the United States Government in opposition to the practice of torture by any foreign government.

Whereas international human rights organizations have investigated and reported on the use of torture in many countries throughout the world; Whereas the Department of State in its annual country reports on human rights practices has reported that torture is all too frequent in many countries of the world; Whereas torture knows no ideological boundaries and is practiced in countries in every region of the world; Whereas torture is absolutely prohibited by international legal standards; Whereas in those countries where torture is practiced systematically, it is possible to identify laws, institutions, and other forms of political organization that contribute to the practice and allow its continuation; Whereas legal, medical, religious, and other groups seeking to combat torture emphasize that access to detainees, the civil and criminal prosecution of torturers, and the rehabilitation of victims of torture are critical steps in reducing the practice and effects of torture; Whereas the United States Government has supported the work of the United Nations Commission on Human Rights in developing the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which is intended to reduce the practice of torture and lead to its eventual abolition, and the United States Government is supportive of the United Nations Voluntary Fund for Victims of Torture; and Whereas the good will of the peoples of the world toward the United States can be increased when the United States distances itself from the practice of torture by governments friendly to the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress reaffirms that it is the continuing policy of the United States Government to oppose the practice of torture by foreign governments through public and private diplomacy and, when necessary and appropriate, through the enactment and vigorous implementation of laws intended to reinforce United States policies with respect to torture. The United States Government opposes acts of torture wherever they occur, without regard to ideological or regional considerations, and will make every effort to work cooperatively with other governments and with nongovernmental organizations to combat the practice of torture worldwide. SEC. 2, (a) The President is requested—

Oct. 4, 1984 [H.J. Res. 605]

Human rights. Law 22 USC'2656 note.

22 USC 2656 note.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/562

 98 STAT. 1722

Exports. so use app. 2401 note.

PUBLIC LAW 98-447—OCT. 4, 1984

(1) to instruct the Permanent Representative of the United States to the United Nations to continue to raise the issue of torture practiced by governments; and (2) to continue to involve the United States Government in the formulation of international standards and effective implementing mechanisms, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (b) In order to implement the policy expressed in the first section of this resolution, the Secretary of State is requested to issue formal instructions to each United States chief of mission regarding United States policy with respect to torture, including— (1) instructions— (A) to examine allegations of the practice of torture, particularly allegations concerning the existence of secret detention, extended incommunicado detention, and restrictions on access by family members, lawyers, and independent medical personnel to detainees; and (B) to forward such information as may be gathered, including information regarding any efforts made by the host government to reduce and eliminate the practice of torture, to the Assistant Secretary of State for Human Rights and Humanitarian Affairs for analysis in preparing the Department's annual country reports on human rights practices; (2) in the case of a chief of mission assigned to a country where torture is regularly practiced, instructions to report on a periodic basis as circumstances require to the Assistant Secretary of State for Human Rights and Humanitarian Affairs regarding efforts made by the respective United States diplomatic mission to implement United States policy with respect to combating torture; (3) instructions to meet with indigenous human rights monitoring groups knowledgeable about the practice of torture for the purpose of gathering information about such practice; and (4) instructions to express concern in individual cases of torture brought to the attention of a United States diplomatic mission including, whenever feasible, sending United States observers to trials when there is reason to believe that torture has been used against the accused. (c) The Secretary of Commerce should continue to enforce vigorously the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979.

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 PUBLIC LAW 98-447—OCT. 4, 1984

98 STAT. 1723

(d) The heads of the appropriate departments of the United States Government that furnish mihtary and law enforcement training to foreign personnel, particularly personnel from countries where the practice of torture has been a documented concern, shall include in such training, when relevant, instruction regarding international human rights standards and the policy of the United States with respect to torture. Approved October 4, 1984.

LEGISLATIVE HISTORY—H.J. Res. 605 (S.J. Res. 320): CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 11, considered and passed House. Sept. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/564

 98 STAT. 1724

PUBLIC LAW 98-448—OCT. 4, 1984

Public Law 98-448 98th Congress Joint Resolution Oct. 4, 1984 [H.J. Res. 606]

To designate the week of October 14, 1984, through October 21, 1984, as "National Housing Week".

Whereas the opportunity to own a home and live in decent housing is the foundation for family life and a source of national economic, social, and political strength; Whereas the housing industry has led the Nation to economic recovery following every recession since World War II by creating millions of productive jobs for the unemployed, generating billions of dollars worth of tax revenue, and creating demand for goods and services; Whereas the housing industry in 1983, although accounting for only 3.4 percent of the real gross national product, was responsible for 30 percent of the total economic growth, a $15,000,000,000 real increase in gross national product during the year; Whereas a sustained and strong housing recovery is essential for a long-term economic recovery; Whereas it is appropriate to reaffirm the national historic commitment to housing and homeownership and to recognize the economic opportunities created by the present housing recovery; and Whereas the housing industry epitomizes the principle of free enterprise in the economic system of the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of October 14, 1984, through October 21, 1984, is designated as "National Housing Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate activities. Approved October 4, 1984.

LEGISLATIVE HISTORY—H.J. Res. 606 (S.J. Res. 321): CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 8, considered and passed House. Sept. 17, S.J. Res. 321 considered and passed Senate. Sept. 28, considered and passed Senate.

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 PUBLIC LAW 98-449—OCT. 4, 1984 Public Law 98-449 98th Congress

98 STAT. 1725

An Act

To reauthorize and amend the Indian Financing Act.

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 "Indian Financing Act Amendments of 1984". SEC. 2. Section 101 of the Indian Financing Act of 1974 (25 U.S.C. 1461) is amended by striking out "which are not members of or eligible for membership in an organization which is making loans to its members. SEC. 3. Section 105 of the Indian Financing Act of 1974 (25 U.S.C. 1465) is amended by striking out "United States: Provided, That proceedings pursuant to this sentence shall be effective only after following the procedure prescribed by the Act of July 1, 1932 (47 Stat. 564; 25 U.S.C. 386a)" and inserting in lieu thereof "United States". SEC. 4. Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is amended by striking out "who are not members of or eligible for membership in an organization which is making loans to its members". SEC. 5. Section 204 of the Indian Financing Act of 1974 (25 U.S.C. 1484) is amended— (1) by striking out "$100,000" in the fourth sentence and inserting in lieu thereof "$350,000", (2) by inserting the following sentence after the first sentence: "The Secretary shall review each loan application individually and independently from the lender.". SEC. 6. Section 211 of the Indian Financing Act of 1974 (25 U.S.C. 1491) is amended by striking out "section: Provided, That proceedings pursuant to this sentence shall be effective only after following the procedure prescribed by the Act of July 1, 1932 (47 Stat. 564; 25 U.S.C. 386a)" and inserting in lieu thereof "section". SEC. 7. Section 217 of the Indian Financing Act of 1974 (25 U.S.C. 1497) is amended by adding at the end thereof the following new subsection: "(e) There are authorized to be appropriated for each fiscal year beginning in fiscal year 1985 such sums as may be necessary to fulfill obligations with respect to losses on loans guaranteed or insured under this title. All collections shall remain until expended.". SEC. 8. Section 302 of the Indian Financing Act of 1974 (25 U.S.C. 1512) is amended to read as follows: "There are authorized to be appropriated for fiscal year 1985, and for each fiscal year thereafter, an amount which does not exceed $5,500,000 for purposes of making interest payments authorized under this title. Sums appropriated under this section, shall remain available until expended.'. SEC. 9. Section 402(a) of the Indian Financing Act of 1974 (25 U.S.C. 1522) is amended to read as follows:

Oct. 4, 1984 [S. 2614] Indian Financing Act Amendments of 1984. 25 USC 1451 note.

Appropriation authorization.

Appropriation authorization.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/566

 98 STAT. 1726

Appropriation authorization.

Securities. 25 USC 47a.

25 USC 1461, 1481. 25 USC 1521.

25 USC 1542. 25 USC 1512. Appropriation authorization.

PUBLIC LAW 98-449—OCT. 4, 1984

"No grant in excess of $100,000 in the case of an Indian and $250,000 in the case of an Indian tribe, or such lower amount as the Secretary may determine to be appropriate, may be made under this title.". SEC. 10. Section 403 of the Indian Financing Act of 1974 (25 U.S.C. 1523) is amended to read as follows: "There are authorized to be appropriated not to exceed the sum of $10,000,000 per year for fiscal year 1986 and each fiscal year thereafter for the purposes of this title.". SEC. 11. The Secretary, in his discretion, may require security other than bonds required by the Miller Act (40 U.S.C. 270a) when entering into a contract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for the construction, alteration, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with adequate security for performance and payment. SEC. 12. Section 501 of the Indian Financing Act of 1974 (25 U.S.C. 1541) is amended to read as follows: "Prior to and concurrent with the making or guaranteeing of any loan under subchapters I and II of this chapter and with the making of a grant under subchapter IV of this chapter, the purpose of which is to fund the development of an economic enterprise, the Secretary shall insure that the loan or grant applicant shall be provided competent management and technical assistance for preparation of the application and/or administration of funds granted consistent with the nature of the enterprise proposed to be or in fact funded.". SEC. 13. Section 503 of the Indian Financing Act of 1974 (25 U.S.C. 1543) is amended to read as follows: "For the purpose of entering into contracts pursuant to section 502 of this title in fiscal year 1985, the Secretary is authorized to use not to exceed 6 percent of any funds appropriated for any fiscal year pursuant to section 302 of this Act. For fiscal year 1986 and for each fiscal year thereafter, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.". Approved October 4, 1984.

LEGISLATIVE HISTORY—S. 2614 (H.R. 5519): HOUSE REPORT No. 98-991 accompanying H.R. 5519 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-459 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): June 8, considered and passed Senate. Sept. 11, H.R. 5519 considered and passed House; S. 2614, amended, passed in lieu. Sept. 21, Senate concurred in House amendments with an amendment. Sept. 24, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/567

 PUBLIC LAW 98-450—OCT. 4, 1984

Public Law 98-450 98th Congress

98 STAT. 1727

An Act

To amend title 17 of the United States Code with respect to rental, lease, or lending of sound recordings.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Record Rental Amendment of 1984".

Oct. 4, 1984 [S. 32] Record Rental Amendment of 1984. Copyrights. 17 USC 101 note.

CONDITIONS ON RENTALS

SEC. 2. Section 109 of title 17, United States Code, is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: "OXl) Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording and in the musical works embodied therein, the owner of a particular phonorecord may not, for purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending. Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord for nonprofit purposes by a nonprofit library or nonprofit educational institution. "(2) Nothing in this subsection shall affect any provision of the antitrust laws. For purposes of the preceding sentence, 'antitrust laws' has the meaning given that term in the first section of the Clayton Act and includes section 5 of the Federal Trade Commission Act to the extent that section relates to unfair methods of competition. "(3) Any person who distributes a phonorecord in violation of clause (1) is an infringer of copyright under section 501 of this title and is subject to the remedies set forth in sections 502, 503, 504, 505, and 509. Such violation shall not be a criminal offense under section 506 or cause such person to be subject to the criminal penalties set forth in section 2319 of title 18.". COMPULSORY UCENSES; ROYALTIES

SEC. 3. Section 115(c) of title 17, United States Code, is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by adding after paragraph (2) the following new paragraph: "(3) A compulsory license under this section includes the right of the maker of a phonorecord of a nondramatic musical work under subsection (a)(1) to distribute or authorize distribution of such phonorecord by rental, lease, or lending (or by acts or practices in

15 USC 12. 15 USC 45.

18 USC 2319.

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 98 STAT. 1728 17 USC 801 et «^9

Regulations.

PUBLIC LAW 98-450—OCT. 4, 1984

the nature of rental, lease, or lending). In addition to any royalty payable under clause (2) and chapter 8 of this title, a royalty shall be payable by the compulsory licensee for every act of distribution of a phonorecord by or in the n a t u r e of rental, lease, or lending, by or under the authority of the compulsory licensee. With respect to each nondramatic musical work embodied in the phonorecord, the royalty shall be a proportion of the revenue received by the compulsory licensee from every such act of distribution of the phonorecord under this clause equal to the proportion of the revenue received by the compulsory licensee from distribution of the phonorecord under clause (2) that is payable by a compulsory licensee under that clause and under chapter 8. The Register of Copyrights shall issue regulations to carry out the purpose of this clause.". EFFECTIVE DATE

17 USC 109 note.

SEC. 4. (a) The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) The provisions of section 109(b) of title 17, United States Code, as added by section 2 of this Act, shall not affect the right of an owner of a particular phonorecord of a sound recording, who acquired such ownership before the date of the enactment of this Act, to dispose of the possession of that particular phonorecord on or after such date of enactment in any manner permitted by section 109 of title 17, United States Code, as in effect on the day before the date of the enactment of this Act. (c) The amendments made by this Act shall not apply to rentals, leasings, lendings (or acts or practices in the nature of rentals, leasings, or lendings) occurring after the date which is five years after the date of the enactment of this Act. Approved October 4, 1984.

LEGISLATIVE HISTORY—S. 32 (H.R. 5938): HOUSE REPORT No. 98-987 accompanying H.R. 5938 (Comm. on the Judiciary). SENATE REPORT No. 98-162 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): June 28, considered and passed Senate. Vol. 130 (1984): Sept. 11, H.R. 5938 considered and passed House; S. 32, amended, passed in lieu. Sept. 21, Senate concurred in House amendment.

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Page:The Yellow Book - 06.djvu/195

 Justice

By Richard Garnett, LL.D., C.B.

Deities from earth departure made, Justice I marked in attitude to soar; No bandage veiled her eyes; no blade she bore; Nor from her hand her wonted balance swayed. "Goddess," I cried, with tongue and heart dismayed, "Bereft of thee and thine, how any more Shall Grief be stilled? or Faith with Hope adore? Wrong be annulled? or Benefit repaid?"

"Fear not." she said, "though far I seem to wend Who omnipresent am, and whose award Hath course by automatic Law sublime; My bandage blinds the vulgar; on my sword The malefactor falls; my scales depend In nicest balance from the hand of Time."

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Page:United States Statutes at Large Volume 98 Part 2.djvu/569

 PUBLIC LAW 98-451—OCT. 4, 1984

98 STAT. 1729

Public Law 98-451 98th Congress An Act To allow variable interest rates for Indian funds held in trust by the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act of February 12, 1929 (25 U.S.C. 161a) is amended to read as follows: "That all funds held in trust by the United States and carried in principal accounts on the books of the United States Treasury to the credit of Indian tribes shall be invested by the Secretary of the Treasury, at the request of the Secretary of the Interior, in public debt securities with maturities suitable to the needs of the fund involved, as determined by the Secretary of the Interior, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.'. Approved October 4, 1984.

LEGISLATIVE HISTORY—S. 2000: HOUSE REPORT No. 98-988 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-410 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): May 23, considered and passed Senate. Sept. 17, considered and passed House, amended. Sept. 21, Senate concurred in House amendment.

Oct. 4, 1984 [S. 2000]

Securities.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/570

 98 STAT. 1730

PUBLIC LAW 98-452—OCT. 4, 1984

Public Law 98-452 98th Congress An Act Oct. 4, 1984 [S. 1770]

To extend the lease terms of Federal oil and gas lease numbered U-39711.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any decision to the contrary heretofore made by the Secretary of the Interior of the United States or his authorized agents or representatives, United States oil and gas lease numbered U-39711 shall be held not to have terminated by operation of law or otherwise on January 30, 1980, but shall be deemed to be in full force and effect as having been capable of producing oil or gas prior to the expiration date of the lease and the term of said lease shall be extended from that date forward for so long after the date of enactment of this Act as oil or gas is produced in paying quantities. The lessee shall be granted six months to install production equipment and facilities on said lease: Provided, That within thirty days jafter the receipt of written notice from the Secretary of the Interior the lessee shall tender payment of back rentals at the rate of not less than $5 per acre per year. Notice shall be given by the Secretary within thirty days after the effective date of this Act. The Secretary shall include in the reinstated lease a future rental requirement of not less than $5 per acre per year and a future royalty rate requirement of not less than 16% per centum: Provided, however. That except as specifically modified herein as to such lease, all other provisions of the 30 USC 181 note. Mineral Lands Leasing Act of 1920, as amended, shall be applicable as to such lease. Approved October 4, 1984.

LEGISLATIVE HISTORY—S. 1770: SENATE REPORT No. 98-540 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed Senate. Sept. 24, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/571

 PUBLIC LAW 98-453—OCT. 5, 1984

98 STAT. 1731

Public Law 98-453 98th Congress Joint Resolution Making further continuing appropriations for flscal year 1985.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102(c) of the joint resolution enacted by Congress on October 1, 1984 (H.J. Res. 653), is hereby amended by striking out "October 3, 1984" and inserting in lieu thereof "six o'clock post meridiem, eastern daylight time, October 5, 1984". Approved October 5, 1984.

LEGISLATIVE HISTORY—H.J. Res. 656: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 4, considered and passed House and Senate.

Oct. 5, 1984 [H.J. Res. 656]

Ante, p. 1700.

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 98 STAT. 1732

PUBLIC LAW 98-454—OCT. 5, 1984

Public Law 98-454 98th Congress

An Act Oct. 5, 1984 [H.R. 5561]

To enhance the economic development of Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE! Appropriation authorization.

Report.

Taxes.

26 USC 103.

Prohibition.

SEC. 101. From the sums authorized to be appropriated to the Secretary of the Interior for technical assistance to the territories there may be appropriated not to exceed $2,000,000 for each of fiscal years 1985, 1986, and 1987 for technical assistance (including but not limited to management, marketing, and finance) in developing private enterprises in Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands. SEC. 102. The Secretary of the Interior is authorized and directed to report 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 not later than Janaury 1 of fiscal years 1985, 1986, and 1987 on the executive branch's efforts regarding and recommendations for developing private enterprises in Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands. TITLE II SEC. 201. (a) Subsection (b) of section 8 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1574) is amended— (1) by striking out "shall be sold at public sale and" in the fourth sentence of paragraph (i), and (2) by adding at the end thereof the following new paragraph: "(iii)(A) The legislature of the government of the Virgin Islands may cause to be issued after September 30, 1984, industrial development bonds (within the meaning of section 1030))(2) of the Internal Revenue Code of 1954). "(B) Except as provided in subparagraph (C), any obligation issued under subparagraph (A) and the income from such obligation shall be exempt from all State and local taxation in effect on or after October 1, 1984. "(C) Any obligation issued under subparagraph (A) shall not be exempt from State or local gift, estate, inheritance, legacy, succession, or other wealth transfer taxes. "(D) For purposes of this paragraph— "(I) The term 'State' includes the District of Columbia. "(II) The taxes imposed by counties, municipalities, or any territory, dependency, or possession of the United States shall be treated as local taxes.

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 PUBLIC LAW 98-454—OCT. 5, 1984

98 STAT. 1733

"(E) For exclusion of interest for purposes of Federal income taxation, see section 103 of the Internal Revenue Code of 1954.". SEC. 202. (a) The legislature of the government of American Samoa may cause to be issued after September 20, 1984, industrial development bonds (within the meaning of section 103(b)(2) of the Internal Revenue Code of 1954). (b)(1) Except as provided in paragraph (2), any obligation shall be exempt from all State and local taxation in effect on or after October 1, 1984. (2) Any obligation issued under subsection (a) shall not be exempt from State or local gift, estate, inheritance, legacy, succession, or other wealth transfer taxes. (3) For purposes of this subsection— (A) The term "State" includes the District of Columbia. (B) The taxes imposed by counties, municipalities, or any territory, dependency, or possession of the United States shall be treated as local taxes. (c) For exclusion of interest for purposes of Federal income taxation, see section 103 of the Internal Revenue Code of 1954. SEC. 203. Section 11 of the Organic Act of Guam (64 Stat. 387, 48 U.S.C. 1423a), as amended, is amended by inserting, immediately before the sentence that begins with the words "Should the Guam Power Authority fail to pay", the following language: "At the request of the Board of Directors of the Guam Power Authority for a second refinancing agreement and conditioned on the approval of the Government of Guam pursuant to the law of Guam, and conditioned on the establishment of an independent rate-making authority by the Government of Guam, the Secretary may guarantee for purchase by the Federal Financing Bank, on or before December 31, 1984, according to an agreement that shall provide for— "(a) substantially equal semiannual installments of principal and interest; "(b) maturity of obligations no later than December 31, 2004; "(c) authority for the Secretary, should there be a violation of a provision of this legislation, or covenants or stipulations contained in the refinancing document and after giving sixty days notice of such violation to the Guam Power Authority and the Governor of Guam, to dismiss members of the Board of Directors or the general manager of the Guam Power Authority, and (1) appoint in their place members or a general manager who shall serve at the pleasure of the Secretary, or (2) contract for the management of the Guam Power Authority; and "(d) an annual simple interest rate of seven per centum; and the Federal Financing Bank shall purchase such Guam Power Authority obligations if such Guam Power Authority obligations are issued to refinance the principal amount scheduled to mature on December 31, 1990. Should such second refinancing occur, (1) the independent rate-making authority to be established by the Government of Guam, or in its absence, the Board of Directors of the Guam Power Authority, shall establish rates sufficient to satisfy all financial obligations and future capital investment needs of the Guam Power Authority that shall be consistent with generally accepted rate-making practices of public utilities, and (2) the Government of Guam shall not modify the requirements of such refinancing agreement without

26 USC 103. 48 USC 1670.

Taxes. Prohibition.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/574

 98 STAT. 1734 Appropriation authorizations.

12 USC 2285. 26 USC 103A note. 26 USC 103A.

PUBLIC LAW 98-454—OCT. 5, 1984

agreement of the Secretary. There are authorized to be appropriated to the Secretary of the Interior for payment to the Federal Financing Bank such sums as are necessary to pay (1) the repurchase payment required under the fifth paragraph of the December 31, 1980, note from the Guam Power Authority to the Federal Financing Bank and any subsequent repurchase payments required under the second refinancing agreement, and (2) the interest rate differential between the seyen per centum to be paid by the Guam Power Authority and the second refinancing agreement and the interest rate that would otherwise be determined in accordance with the above cited section 6 of the Federal Financing Bank Act.". SEC. 204. (a) The Governor of any possession of the United States may for calendar years 1984 and 1985 proclaim a formula (different from that provided by section 103A(g) of the Internal Revenue Code of 1954) for allocating the State ceiling under such section among the governmental units in such possession having authority to issue qualified mortgage bonds (as defined in section 103A(c) of such Code). (b) The authority provided by subsection (a) shall not apply after the effective date of any legislation with respect to the allocation of the State ceiling enacted by the legislature of the possession after the date of the enactment of this Act. TITLE III

97 Stat. 501.

Fish and fishing. Vessels. 97 Stat. 586.

Fish and fishing. Vessels. 97 Stat. 587.

Vessels. 46 USC app. 46 USC 12101 et seq.

SEC. 301. Title 46, United States Code, is amended— (a) in section 2101 add a new paragraph (3a) to read as follows: "(3a) 'citizen of the United States' means a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1681 note)."; (b) in section 12106 add the following at the end: "(c) A coastwise license to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands may be issued for a vessel that— "(1) is less than two hundred gross tons; "(2) was not built in the United States; "(3) is eligible for documentation; and "(4) otherwise qualifies under the laws of the United States to be employed in the coastwide trade."; and (c) in section 12108 add the following at the end: "(c) A fishery license to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands may be issued to a vessel that— "(1) is less than two hundred gross tons; "(2) was not built in the United States; "(3) is eligible for documentation; and "(4) otherwise qualifies under the laws of the United States to be employed in the fisheries.". SEC. 302. A vessel that is or was last documented under chapter 121 of title 46, United States Code, may be sold, chartered, leased, mortgaged, or transferred by any other means to a citizen of the

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Page:United States Statutes at Large Volume 98 Part 2.djvu/575

 PUBLIC LAW 98-454—OCT. 5, 1984

98 STAT. 1735

United States (as defined in section 2101 of that title) without the approval of the Secretary of Transportation under section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808). SEC. 303. The weight limitations contained in subsections (b) and (c) of section 301 above shall not apply to the Northern Mariana Islands until the termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands (61 Stat. 3301).

97 Stat. 501. 46 USC 808. 46 USC 12106 note. Ante, p. 1734.

TITLE IV SEC. 401. To further the rehabilitation, upgrading, and construction of public facilities in the territories of the United States— (a) Section 1(a)(1) of the Act of August 18, 1978 (92 Stat. 487), as amended, is further amended by adding "effective October 1, 1985, $16,300,000," before the words "such sums". (b)(1) There are authorized to be appropriated $600,000 in fiscal year 1985 (to remain available until expended) to the Secretary of the Interior who, in consultation with and with the assistance of the Secretary of Transportation, shall use said funds exclusively for planning improvements for the Alexander Hamilton Airport in St. Croix, Virgin Islands. (2) Section 303 of the Act of October 19, 1982 (96 Stat. 1705), as amended, is further amended by inserting after "water and power" the words "and improvements for the Alexander Hamilton Airport in St. Croix, Virgin Islands". (c) The Secretary of the Interior is authorized and directed, in consultation with and with the assistance of the Secretary of Housing and Urban Development, to study the desirability and feasibility of initiating a program for the development of housing in American Samoa and including the territory in existing Federal housing programs and to submit such recommendations (such recommendations to include, but are not limited to, any changes or modifications which would be necessary to such existing Federal housing programs to adapt them to the culture and traditions of American Samoa) as he may deem appropriate 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 of the United States within one year of the date of enactment of this Act. (d) There are authorized to be appropriated $15,000,000 in fiscal year 1986 (to remain available until expended) to the Secretary of the Interior for grants to the government of Northern Mariana Islands for improvements in the production and distribution of water. TITLE V SEC. 501. There is hereby conveyed, without consideration, to the Frederick Lutheran Church of Charlotte Amalie, St. Thomas, Virgin Islands, all of the right, title, and interest of the United States in and to parcel numbered 9F, Estate Hospital Ground, Numbered 9 New Quarter, St. Thomas, Virgin Islands (known as Ebenezer Home), and improvements thereof. SEC. 502. Section 11 of the Revised Organic Act of the Virgin Islands, as amended, is further amended by striking the words "St. Croix, free of rent" and inserting in lieu thereof "Saint Croix, which house, together with land appurtenant thereto is also transferred to the government of the Virgin Islands".

Effective date.

Appropriation authorization.

Housing.

Appropriation authorization.

Gifts and property.

Gifts and property. 48 USC 1591.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/576

 98 STAT. 1736 Energy. Loans.

94 Stat. 1782. Study.

PUBLIC LAW 98-454—OCT. 5, 1984

SEC. 503. The Department of the Army may remove from American Samoa any of the 4500 kilowatt power plants sent to American Samoa pursuant to the 1974 loan agreement between the Department of the Army and the Department of the Interior, and all charges that may accrue or may have accrued under such agreement shall be excused. SEC. 504. Section 818(b)(2) of the Military Construction Authorization Act, 1981 (Public Law 96-418) is amended by adding at the end thereof the following: "Reasonable development costs shall be a fixed standard percentage of such monetary consideration received by the Government of Guam. The fixed standard percentage shall be determined by a study, conducted by the Secretary, typical development costs required to convert comparable lands to finished developed sites, except that such percentage shall not exceed 30 percent.". TITLE VI

16 USC 2512.

48 USC 1469a.

42 USC 5318.

16 USC 590q.

42 USC 6371, 6371g.

SEC. 601. To rationalize the application of certain statutes so that the development of the territories of the United States is facilitated— (a) section 1013 of the Act of November 10, 1978 (92 Stat. 3467) is amended by deleting "subsection" and inserting in lieu thereof "section"; (b) section 501(d) of the Act entitled "An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes" (91 Stat. 1159), as amended, is further amended by deleting "Samoa" where it appears and inserting in lieu thereof "Samoa, Guam, the Virgin Islands,"; (c) section 119(n)(l) of the Act of August 22, 1974 (88 Stat. 633), as amended, is further amended by deleting "Guam" and inserting in lieu thereof "Guam, American Samoa, the Northern (d) section 17(a) of the Act of April 27, 1935 (49 Stat. 163), as amended, is further amended by deleting "Puerto Rico, and the Virgin Islands" and "Puerto Rico and the Virgin Islands" and inserting in lieu thereof "Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands"; (e) the Act of December 22, 1975 (89 Stat. 871), as amended, is amended by deleting "Samoa" in sections 391(a) and 398(b) and inserting in lieu thereof "Samoa, the Northern Mariana Islands"; (f) section 3(4) of the Energy Policy and Conservation Act (42 U.S.C. 6202(4)), is amended to read as follows: "(4) The term 'State' means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States.". (g) section 513(2) of the National Energy Extension Service Act (42 U.S.C. 7011(2)), is amended to read as follows: "(2) 'State' means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States."; and (h) amend the first sentence of section 30 of the Organic Act of Guam (64 Stat. 392, as amended 48 U.S.C. 1421h) by adding after the words "inhabitants of Guam" the following: "(including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military em-

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Page:United States Statutes at Large Volume 98 Part 2.djvu/577

 PUBLIC LAW 98-454—OCT. 5, 1984 ployees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam)". SEC. 602. Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following new subsection: "(1) The requirement of paragraph (26)(B) of subsection (a) may be waived by the Attorney General, the Secretary of State, and the Secretary of the Interior, acting jointly, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay on Guam for a period not to exceed fifteen days, if the Attorney General, the Secretary of State, and the Secretary of the Interior jointly determined that— "(1) Guam has developed an adequate arrival and departure control system, and "(2) such a waiver does not represent a threat to the welfare, safety, or security of the United States.", (b) Section 214(a) of such Act (8 U.S.C. 1184(a)) is amended by adding at the end the following new sentence: "No alien admitted to Guam without a visa pursuant to section 212(1) may be authorized to enter or stay in the United States other than in Guam or to remain in Guam for a period exceeding fifteen days from date of admission to Guam.". TITLE VII

STAT. 1737

Aliens.

Defense and national security. Supra.

VIRGIN ISLANDS

SEC. 701. In section 3 of the Revised Organic Act of the Virgin Islands, as amended (68 Stat. 4981; 48 U.S.C. 1561), the proviso in the next to the last paragraph is amended to read as follows: "Provided, That all offenses against the laws of the United States and the laws of the Virgin Islands which are prosecuted in the district court pursuant to sections 22(a) and (c) of this Act may be had by indictment by grand jury or by information, and that all offenses against the laws of the Virgin Islands which are prosecuted in the district court pursuant to section 22(b) of this Act or in the courts established by local law shall continue to be prosecuted by information, except such as may be required by local law to be prosecuted by indictment by grand jury.". SEC. 702. Section 21 of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1611) is amended to read as follows: "SEC. 21. (a) The judicial power of the Virgin Islands shall be vested in a court of record designated the 'District Court of the Virgin Islands' established by Congress, and in such appellate court and lower local courts as may have been or may hereafter be established by local law. "(b) The legislature of the Virgin Islands may vest in the courts of the Virgin Islands established by local law jurisdiction over all causes in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction shall be subject to the concurrent jurisdiction conferred on the District Court of the Virgin Islands by section 22(a) and (c) of this Act. "(c) The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.".

^1-1QL

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9

Law enforcement. 68 Stat. 497.

Post, p. 1738. 48 USC 1612. Post, p. 1738.

Courts, U.S.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/578

 98 STAT. 1738 Courts, U.S. Crimes and misdemeanors. Law enforcement. Taxes.

26 USC 7201 et

Post, p. 1741.

48 USC 1612 note.

PUBLIC LAW 98-454—OCT. 5, 1984

SEC. 703. (a) Section 22 of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1612) is amended to read as follows: "SEC. 22. (a) The District Court of the Virgin Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28, United States Code, and that of a bankruptcy court of the United States. The District Court of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of the Internal Revenue Code of 1954 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by the appropriate officers thereof in the District Court of the Virgin Islands without the request or the consent of the United States attorney for the Virgin Islands, notwithstanding the provisions of section 27 of this Act. "(b) In addition to the jurisdiction described in subsection (a) the District Court of the Virgin Islands shall have general original jurisdiction in all causes in the Virgin Islands the jurisdiction over which is not then vested by local law in the local courts of the Virgin Islands: Provided, That the jurisdiction of the District Court of the Virgin Islands under this subsection shall not extend to civil actions wherein the matter in controversy does not exceed the sum or value of $500, exclusive of interest and costs; to criminal cases wherein the maximum punishment which may be imposed does not exceed a fine of $100 or imprisonment for six months, or both; and to violations of local police and executive regulations. The courts established by local law shall have jurisdiction over the civil actions, criminal cases, and violations set forth in the preceding proviso. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by local law for the purposes of determining the availability of indictment by grand jury or trial by jury. "(c) The District Court of the Virgin Islands shall have concurrent jurisdiction with the courts of the Virgin Islands established by local law over those offenses against the criminal laws of the Virgin Islands, whether felonies or misdemeanors or both, which are of the same or similar character or part of, or based on, the same act or transaction or two or more acts or transactions connected together or constituting part of a common scheme or plan, if such act or transaction or acts or transactions also constitutes or constitute an offense or offenses against one or more of the statutes over which the District Court of the Virgin Islands has jurisdiction pursuant to subsections (a) and (b) of this section.". (b) The provisions of this section shall not result in the loss of jurisdiction of the District Court of the Virgin Islands over any complaint or proceeding pending in it on the day preceding the effective date of this amendatory Act and such complaint and proceeding may be pursued to final determination in the District Court of the Virgin Islands, the United States Court of Appeals for the Third Circuit, and the Supreme Court, notwithstanding the provisions of this amendatory Act.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/579

 PUBLIC LAW 98-454—OCT. 5, 1984

98 STAT. 1739

SEC. 704. Section 23 of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1613) is amended to read as follows: "SEC. 23. The relations between the courts established by the Constitution or laws of the United States and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 21(a) of this Act, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.". SEC. 705. The Revised Organic Act of the Virgin Islands is amended by adding to it a new section 23A: "SEC. 23A. (a) Prior to the establishment of the appellate court authorized by section 21(a) of this Act, the District Court of the Virgin Islands shall have such appellate jurisdiction over the courts of the Virgin Islands established by local law to the extent now or hereafter prescribed by local law: Provided, That the legislature may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including this Act, or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of the Virgin Islands or of any order or regulation issued or action taken by the executive branch of the government of the Virgin Islands with the Constitution, treaties, or laws of the United States, including this Act, or any authority exercised thereunder by an officer or agency of the United States. "(b) Appeals to the District Court of the Virgin Islands shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The chief judge of the district court shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 24(a) of this Act: Provided, That no more than one of them may be a judge of a court established by local law. The concurrence of two judges shall be necessary to any decision by the appellate division of the district court on the merits of an appeal, but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in

Courts, U.S.

Ante, p. 1737.

Reports.

Courts, U.S. 48 USC 1613a.

Post, p. 1740.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/580

 98 STAT. 1740

PUBLIC LAW 98-454—OCT. 5, 1984

accordance with the applicable law or rules of procedure. Appeals pending in the district court on the effective date of this Act shall be heard and determined by a single judge. "(c) The United States Court of Appeals for the Third Circuit shall have jurisdiction of appeals from all final decisions of the district court on appeal from the courts established by local law. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. "(d) Upon the establishment of the appellate court provided for in Ante, p. 1737. section 21(a) of this Act all appeals from the decisions of the courts of the Virgin Islands established by local law not previously taken must be taken to that appellate court. The establishment of the appellate court shall not result in the loss of jurisdiction of the district court over any appeal then pending in it. The rulings of the district court on such appeals may be reviewed in the United States Court of Appeals for the Third Circuit and in the Supreme Court notwithstanding the establishment of the appellate court.". Courts, U.S. SEC. 706. (a) Section 24(a) of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1614(a)) is amended to read as follows: President of U.S. "(a) The President shall, by and with the advice and consent of the Appointments. Senate, appoint two judges for the District Court of the Virgin Islands, who shall hold office for terms of ten years and until their successors are chosen and qualified, unless sooner removed by the President for cause. The judge of the district court who is senior in continuous service and who otherwise qualifies under section 136(a) of title 28, United States Code, shall be the chief judge of the court. The salary of a judge of the district court shall be at the rate prescribed for judges of the United States district courts. Whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the district court, the chief judge of the Third Judicial Circuit of the United States may assign a judge of a court of record of the Virgin Islands established by local law, or a circuit or district judge of the Third Judicial Circuit, or a recalled senior judge of the District Court of the Virgin Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge of the District Court of the Virgin Islands. The compensation of the judges of the district court and the administrative expenses of the court shall be paid from appropriations made for the judiciary of the United States.". Crimes and Qj) Section 240t>) of the Revised Organic Act of the Virgin Islands misdemeanors. (68 Stat. 506; 48 U.S.C. 1614(b)) is amended to read as follows: 18 USC 3001. "(b) Where appropriate, the provisions of part II of title 18 and of 28 USC 501. title 28, United States Code, and, notwithstanding the provisions of 18 USC app. rule 7(a) and of rule 54(a) of the Federal Rules of Criminal Procedure relating to the requirement of indictment and to the prosecution of criminal offenses in the Virgin Islands by information, respectively, the rules of practice heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the district court and appeals therefrom: Provided, That the terms 'Attorney for the government' and 'United States attorney' as used 18 USC app. in the Federal Rules of Criminal Procedure, shall, when applicable to causes arising under the income tax laws applicable to the Virgin Islands, mean the Attorney General of the Virgin Islands or such

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Page:United States Statutes at Large Volume 98 Part 2.djvu/581

 PUBLIC LAW 98-454—OCT. 5, 1984 other person or persons as may be authorized by the laws of the Virgin Islands to act therein: Provided further. That in the district court all criminal prosecutions under the laws of the United States, under local law under section 22(c) of this Act, and under the income tax laws applicable to the Virgin Islands may be had by indictment by grand jury or by information: Provided further, That an offense which has been investigated by or presented to a grand jury may be prosecuted by information only by leave of court or with the consent of the defendant. All criminal prosecutions arising under local law which are tried in the district court pursuant to section 22(b) of this Act shall continue to be had by information, except such as may be required by the local law to be prosecuted by indictment by grand jury.". (c) The provisions of subsection (a) of this section regarding the determination and qualifications of the chief judge of the District Court of the Virgin Islands shall not apply to a person serving as chief judge of said court on the effective date of this Act. SEC. 707. Section 25 of the Revised Organic Act of the Virgin Islands (68 Stat. 507; 48 U.S.C. 1615) is amended to read as follows: "SEC. 25. The Virgin Islands consists of two judicial divisions; the Division of Saint Croix, comprising the island of Saint Croix and adjacent islands and cays, and the Division of Saint Thomas and Saint John, comprising the islands of Saint Thomas and Saint John and adjacent islands and cays. Court for the Division of Saint Croix shall be held in Christiansted, and for the Division of Saint Thomas and Saint John at Charlotte Amalie.". SEC. 708. Section 27 of the Revised Organic Act of the Virgin Islands (68 Stat. 507; 48 U.S.C. 1617) is amended by substituting the words "courts established by local law" for "inferior courts of the Virgin Islands" wherever they appear, and by deleting the last two

98 STAT. 1741

Ante, p. 1738.

Prohibition. 48 USC 1614 note. Courts, U.S.

S6n^6IlC6S

SEC. 709. The Act of May 20, 1932 (47 Stat. 160, 48 U.S.C. 1400) is repealed. TITLE VIII

Repeal.

GUAM

SEC. 801. Section 22 of the Organic Act of Guam (64 Stat. 389; 48 U.S.C. 1424), as amended, is amended id iread as follows: "SEC. 22. (a) The judicial authority of Guam shall be vested in a court of record established by Congress, designated the 'District Court of Guam,' and such local court or courts as may have been or shall hereafter be established by the laws of Guam in conformity with section 22A of this Act. "(b) The District Court of Guam shall have the jurisdiction of a district court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28, United States Code, and that of a bankruptcy court of the United States. "(c) In addition to the jurisdiction described in subsection (b), the District Court of Guam shall have original jurisdiction in all other causes in Guam, jurisdiction over which is not then vested by the legislature in another court or other courts established by it. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by the laws of Guam for the purpose of determining the requirements of indictment by grand jury or trial by jury.

Courts, U.S.

Post, p. 1742.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/582

 98 STAT. 1742 48 USC 1424-1.

Ante, p. 1741.

48 USC 1424-2.

Supra. Reports.

48 USC 1424-3. Supra.

PUBLIC LAW 98-454—OCT. 5, 1984

"SEC. 22A. (a) The local courts of Guam shall consist of such trial court or courts as may have been or may hereafter be established by the laws of Guam. On or after the effective date of this Act, the legislature of Guam may in its discretion establish an appellate court. "(b) The legislature may vest in the local courts jurisdiction over all causes in Guam over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam by section 22(b) of this Act. "(c) The practice and procedure in the local courts and the qualifications and duties of the judges thereof shall be governed by the laws of Guam and the rules of those courts. "SEC. 22B. The relations between the courts established by the Constitution or laws of the United States and the local courts of Guam with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 22A(a) of this Act, the United States Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had. The Judicial Council of the Ninth Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. "SEC. 22C. (a) Prior to the establishment of the appellate court authorized by section 22A(a) of this Act, the District Court of Guam shall have such appellate jurisdiction over the local courts of Guam as the legislature may determine: Provided, That the legislature may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including this Act, or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of Guam or of any orders or regulations issued or actions taken by the executive branch of the government of Guam with the Constitution, treaties, or laws of the United States, including this Act, or any authority exercised thereunder by an officer or agency of the United States. "(b) Appeals to the District Court of Guam shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The district judge shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division of any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time

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Page:United States Statutes at Large Volume 98 Part 2.djvu/583

 PUBLIC LAW 98-454—OCT. 5, 1984

98 STAT. 1743

to time pursuant to section 24 of this Act: Provided, That no more than one of them may be a judge of a court of record of Guam. The concurrence of two judges shall be necessary to any decision of the appellate division of the district court on the merits of an appeal, but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. "(c) The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection. "(d) Upon the establishment of the appellate court provided for in section 22A(a) of this Act all appeals from the decisions of the local courts not previously taken must be taken to the appellate court. The establishment of that appellate court shall not result in the loss of jurisdiction of the appellate division of the district court over any appeal then pending in it. The rulings of the appellate division of the district court on such appeals may be reviewed in the United States Court of Appeals for the Ninth Circuit and in the Supreme Court notwithstanding the establishment of the appellate court. "SEC. 22D. Where appropriate, the provisions of part II of title 18 and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, 'Attorney for the government' and 'United States attorney', as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein.". SEC. 802. Section 24 of the Organic Act of Guam, as amended (64 Stat. 390; 48 U.S.C. 1424b), is amended, by: (a) substituting in the first paragraph of subsection (a) the words "for the term of ten years" for "for a term of eight years"; (b) substituting in the second paragraph of subsection (a) the words "a local court of record" for "the Island Court of Guam"; (c) inserting in the second paragraph of subsection (a) between the words "ninth circuit" and "or" the words "or a recalled senior judge of the District Court of Guam or of the District Court for the Northern Mariana Islands"; (d) substituting in subsection (b) the numbers "35" and "37" for "31" and "33", respectively; and (e) deleting subsection (c) SEC. 803. Section 1 of the Act of August 27, 1954 (68 Stat. 882), is amended by repealing that portion which reads: "that no provisions of any such rules which authorize or require trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information shall be applicable to the District Court of Guam unless

Infra.

Ante, p. 1742.

Crimes and misdemeanors. 48 USC 1424-4. 18 USC 3001. 28 USC 501. 18 USC app.

18 USC app.

Law enforcement. 48 USC 1424.

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 98 STAT. 1744

PUBLIC LAW 98-454—OCT. 5, 1984

and until made so applicable by laws enacted by the Legislature of Guam, and except further". TITLE IX NORTHERN MARIANA ISLANDS

Crimes and misdemeanors. Courts, U.S. 48 USC 1681 note. 18 USC 3001; 28

use 501.

Courts, U.S.

Courts, U.S.

Supra.

SEC. 901. Section 1 of the Act of November 8, 1977 (91 Stat. 1265, 48 U.S.C. 1694) is amended by— (a) substituting in subsection (b)(1) the words "for a term of ten years" for "for a term of eight years"; (b) inserting in subsection (b)(2) between the words "President" and "or", the words "or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands"; and (c) substituting the following for subsection (c): "Where appropriate, and except as otherwise provided in articles IV and V of the Covenant approved by the Act of March 24, 1976 (90 Stat. 263), the provisions of part II of title 18 and of titles 28, United States Code, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11,18, and 28, United States Code, shall apply to the District Court for the Northern Mariana Islands and appeals therefrom; except that the terms 'Attorney for the government' and 'United States attorney', as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of the Northern Mariana Islands, include the Attorney General of the Northern Mariana Islands or such other person or persons as may be authorized by the laws of the Northern Mariana Islands to act therein.". SEC. 902. Section 2(a) of the Act of November 8, 1977 (91 Stat. 1266; 48 U.S.C. 1694a(a)), is amended to read as follows: "(a) The District Court for the Northern Mariana Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28, United States Code, and that of a bankruptcy court of the United States.". SEC. 903. Section 3 of the Act of November 8, 1977 (91 Stat. 1266; 48 U.S.C. 1694b) is amended to read as follows: "SEC. 3. (a) Prior to the establishment of an appellate court for the Northern Mariana Islands the district court shall have such appellate jurisdiction over the courts established by the Constitution or laws of the Northern Mariana Islands as the Constitution and laws of the Northern Mariana Islands provide, except that such Constitution and laws may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263) (hereinafter referred to as 'Covenant'), or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of the Northern Mariana Islands or of any orders or regulations issued or actions taken by the executive branch of the government of the Northern Mariana Islands with the Constitution, treaties, or laws of the United States, including the

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Page:United States Statutes at Large Volume 98 Part 2.djvu/585

 PUBLIC LAW 98-454—OCT. 5, 1984

98 STAT. 1745

Covenant or with any authority exercised thereunder by an officer or agency of the United States. "(b) Appeals to the district court shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the President shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time pursuant to section 1(b)(2) of this Act: Provided, That no more than one of them may be a judge of a court of record of the Northern Mariana Islands. The concurrence of two judges shall be necessary to any decision by the appellate division of the district court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. "(c) The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection.". SEC. 904. Section 4 of the Act of November 8, 1977 (91 Stat. 1266; 48 U.S.C. 1694c) is amended by inserting the words, "including the Supreme Court of the United States," between the words "courts of the United States" and "and".

48 USC 1694.

TITLE X GENERAL PROVISIONS

SEC. 1001. Sections 335, 336 and 402(e) of the Act of November 6, 1978 (92 Stat. 2680, 2682) are repealed. SEC. 1002. (a) Any judge or former judge who is receiving, or will upon attaining the age of sixty-five years be entitled to receive, payments pursuant to section 373 of title 28, United States Code may elect to become a senior judge of the court on which he served while on active duty. (b) The chief judge of a judicial circuit may recall any such senior judge of his circuit, with the judge's consent, to perform in the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands such judicial duties and for such periods of time as the chief judge may specify. (c) Any act or failure to act by a senior judge performing judicial duties pursuant to this section shall have the same force and effect as if it were the act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving for purposes of the number of judgeships authorized for that court. (d) Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursuant to section 373 of title 28, United States Code) and the same allowances for travel and other expenses as a judge in active service. (e) Senior judges under subsection (a) of this section shall at all times be governed by the code of judicial conduct for the United

Repeals. 48 USC 1424, 1612, 1615; 11 u s e prec. 101 note. eourts, U.S. 28 USC 373 note.

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 98 STAT. 1746

Law enforcement.

Law enforcement. 48 USC 1493.

Courts, U.S. 48 USC 1424b note. Ante, pp. 1740, 1743, 1744. Effective date. 48 USC 1424 note.

PUBLIC LAW 98-454—OCT. 5, 1984

States judges, approved by the Judicial Conference of the United States. (f) Any person who has elected to be a senior judge under subsection (a) of this section and who thereafter— (1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (b) of this section); (2) engages in the practice of law; or (3) materially violated the code of judicial conduct for the United States judges, shall cease to be a senior judge and to be eligible for recall pursuant to subsection (b) of this section. SEC. 1003. The prosecution in a territory or Commonwealth is authorized—unless precluded by local law—to seek review or other suitable relief in the appropriate local or Federal appellate court, or, where applicable, in the Supreme Court of the United States from— (a) a decision, judgment, or order of a trial court dismissing an indictment or information as to any one or more counts, except that no review shall lie where the constitutional prohibition against double jeopardy would further prosecution; (b) a decision or order of a trial court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the prosecution certifies to the trial court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding; and (c) an adverse decision, judgment, or order of an appellate court. SEC. 1004. The provisions of sections 706(a), 802(a), and 901(a) of this Act extending the terms of district court judges of the Virgin Islands, Guam, and the Northern Mariana Islands, respectfully, from eight to ten years shall be applicable to the judges of those courts holding office on the effective date of this Act. SEC. 1005. Titles VII, VIII, IX, and X of this Act shall become effective on the ninetieth day following their enactment. Approved October 5, 1984.

LEGISLATIVE HISTORY—H.R. 5561: HOUSE REPORT No. 98-784 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): June 28, considered and passed House. Aug. 10, considered and passed Senate, amended. Sept. 14, House concurred in Senate amendment with amendments. Sept. 21, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/587

 PUBLIC LAW 98-455—OCT. 6, 1984

98 STAT. 1747

Public Law 98-455 98th Congress Joint Resolution Making further continuing appropriations for fiscal year 1985.

Oct. 6, 1984 „ j p g^^—

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution enacted by Congress on October 4, 1984 (H.J. Res. 656), is hereby Ante, p. I73i. amended by striking out "six o'clock post meridiem, eastern daylight time, October 5, 1984" and inserting in lieu thereof "October 9, 1984". Approved October 6, 1984.

LEGISLATIVE HISTORY—H.J.Res. 659: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 5, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/588

 98 STAT. 1748

PUBLIC LAW 98-456—OCT. 9, 1984

Public Law 98-456 98th Congress Joint Resolution Oct. 9, 1984 [H.J. Res. 649]

Changing the date for the counting of the electoral votes in 1985.

Whereas section 15 of title 3, United States Code, provides that the procedure for counting electoral votes set forth in such section is to take place on the sixth day of January; and Whereas January 6, 1985, is a Sunday: Now, therefore, be it 15 USC 15 note.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in carrying out the procedure set forth in section 15 of title 3, United States Code, for 1985, "the seventh day of January" shall be substituted for "the sixth day of January" in the first sentence of such section. Approved October 9, 1984.

LEGISLATIVE HISTORY—H.J. Res. 649: CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 19, considered and passed House. Sept. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/589

 PUBLIC LAW 98-457—OCT. 9, 1984

98 STAT. 1749

Public Law 98-457 98th Congress An Act To extend and improve provisions of laws relating to child abuse and neglect and adoption, and for other purposes.

Oct. 9, 1984 [H.R. 1904]

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 "Child Abuse Amendments of 1984".

Child Abuse Amendments of 1984. 42 USC 5101

TITLE I—AMENDMENTS TO CHILD ABUSE PREVENTION AND TREATMENT ACT

note.

PART A—PROGRAM IMPROVEMENTS THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT

SEC. 101. (a) Section 2(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101(a)) (hereinafter in this title referred to as "the Act") is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (b) Clauses (6) and (7) of section 2(b) of the Act are amended to read as follows: "(6) study and investigate the national incidence of child abuse and neglect and make findings about any relationship between nonpayment of child support and between various other factors and child abuse and neglect, and the extent to which incidents of child abuse and neglect are increasing in number and severity, and, within two years after the date of the enactment of the Child Abuse Amendments of 1984, submit such findings to the appropriate 0)mmittees of the Congress together with such recommendations for administrative and legislative changes as are appropriate; and "(7) in consultation with the Advisory Board on Child Abuse and Neglect, annually prepare reports on efforts during the preceding two-year period to bring about coordination of the goals, objectives, and activities of agencies and organizations which have responsibilities for programs and activities related to child abuse and neglect, and, not later than March 1, 1985, and March 1 of each second year thereafter, submit such a report to the appropriate Committees of the Congress.". (c) Section 2(c) of the Act is amended by striking out "The Secretary may c any out his functions under subsection (b) of this section" and inserting in lieu thereof "The functions of the Secretary under subsection (b) of this section may be carried out". (d) Section 2 of the Act is further amended by inserting after subsection (d) the following new subsection: "(e) No funds appropriated under this Act for any grant or contract may be used for any purpose other than that for which such funds were specifically authorized.".

Study.

Reports.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/590

 98 STAT. 1750

PUBLIC LAW 98-457—OCT. 9, 1984 DEFINITIONS

Post, p. 1752.

SEC. 102. Section 3 of the Act is amended— (1) by inserting "(including any employee of a residential facility or any staff person providing out-of-home care)" after "by a person"; (2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new clause: "(2)(A) the term 'sexual abuse' includes— "(i) the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct (or any simulation of such conduct) for the purpose of producing any visual depiction of such conduct, or "(ii) the rape, molestation, prostitution, or other such form of sexual exploitation of children, or incest with children, under circumstances which indicate that the child's health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary; and "(B) for the purpose of this clause, the term 'child' or 'children' means any individual who has not or individuals who have not attained the age of eighteen.". DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS

Grants. 42 USC 5103. Waiver. Ante, p. 1749.

Post p. 1752.

SEC. 103. (a) Section 4(b)(2)(E) of the Act is amended by striking out "his" and inserting in lieu thereof "and the child's". (b) Section 4(b)(3) of the Act is amended to read as follows: "(3)(A) Subject to subparagraph (B) of this paragraph, any State which on the date of enactment of the Child Abuse Amendments of 1984 does not qualify for assistance under this subsection may be granted a waiver of any requirement under paragraph (2) of this subsection— "(i) for a period of not more than one year, if the Secretary makes a finding that such State is making a good-faith effort to comply with any such requirement, and for a second one-year period if the Secretary makes a finding that such State is making substantial progress to achieve such compliance; or "(ii) for a nonrenewable period of not more than two years in the case of a State the legislature of which meets only biennially, if the Secretary makes a finding that such State is making a good-faith effort to comply with any such requirement. "(B) No waiver under subparagraph (A) may apply to any requirement under paragraph (2)(K) of this subsection.". (c) Section 4 of the Act is further amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: "(e) The Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, shall ensure that a proportionate share of assistance under this Act is available for activities related to the prevention of child abuse and neglect.".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/591

 PUBLIC LAW 98-457—OCT. 9, 1984

98 STAT. 1751

AUTHORIZATION OF APPROPRIATIONS

SEC. 104. (a) Section 5(a) of the Act is amended— (1) by striking out "(a)" after "SEC. 5."; (2) by inserting after the first sentence the following new sentence: "There are hereby further authorized to be appropriated for the purposes of this Act $33,500,000 for fiscal year 1984, $40,000,000 for fiscal year 1985, $41,500,000 for fiscal year 1986, and $43,100,000 for fiscal year 1987."; and (3) in the second sentence by striking out "this section" and all that follows through the end of such subsection, and inserting in lieu thereof "this section except as provided in the succeeding sentence, (A) not less than $9,000,000 shall be available in each fiscal year to carry out section 4(b) of this Act (relating to State grants), (B) not less than $11,000,000 shall be available in each fiscal year to carry out sections 4(a) (relating to demonstration or service projects), 20t))(l) and 20t))(3) (relating to information dissemination), 20t))(5) (relating to research), and 4(c)(2) (relating to training, technical assistance, and information dissemination) of this Act, giving special consideration to continued funding of child abuse and neglect programs or projects (previously funded by the Department of Health and Human Services) of national or regional scope and demonstated effectiveness, (C) $5,000,000 shall be available in each such year for grants and contracts under section 4(a) for identification, treatment, and prevention of sexual abuse, and (D) $5,000,000 shall be available in each such year for the purpose of making additional grants to the States to carry out the provisions of section 4(c)(1) of this Act. With respect to any fiscal year in which the total amount appropriated under this section is less than $30,000,000, funds shall first be available as provided in clauses (A) and (B) in the preceding sentence and of the remainder one-half shall be available as provided for in clause (C) and one-half as provided for in clause (D) in the preceding sentence.", (b) Section 50)) of the Act is repealed.

42 USC 5104.

42 USC 5103. 42 USC 5101. Post, p. 1753.

42 USC 5104.

ADVISORY BOARD ON CHILD ABUSE AND NEGLECT

SEC. 105. (a) The first sentence of section 6(a) of the Act is amended by striking out "including" and all that follows thereafter through "Administration,". (b) Section 6(a) of the Act is further amended by inserting at the end thereof the following sentence: "The Advisory Board may be available, at the Secretary's request, to assist the Secretary in coordinating adoption-related activities of the Federal Government". (c)(1) Section 60)) of the Act is repealed. (2) Subsection (c) of section 6 of the Act is redesignated as subsection 0)).

42 USC 5105.

COORDINATION

SEC. 106. Section 7 of the Act is amended by striking out "between" and inserting in lieu thereof "among".

42 USC 5106.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/592

 98 STAT. 1752

PUBLIC LAW 98-457—OCT. 9, 1984 PART B—SERVICES AND TREATMENT FOR DISABLED INFANTS NEW DEFINITION

42 USC 5102.

SEC. 121. Section 3 of the Act is further amended— (1) by striking out "this Act the term 'child abuse and neglect' " and inserting in lieu thereof the following: "This Act— "(1) the term 'child abuse and neglect' "; (2) by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding after clause (2) (as added by section 102(3) of this Act) the following new clause: "(3) the term 'withholding of medically indicated treatment' means the failure to respond to the infant's life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician's or physicians' reasonable medical judgment, (A) the infant is chronically and irreversibly comatose; (B) the provision of such treatment would (i) merely prolong dying, (ii) not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or (iii) otherwise be futile in terms of the survival of the infant; or (C) the provision of such treatment would be virtually futile in terms of the survivial of the infant and the treatment itself under such circumstances would be inhumane.". NEW BASIC STATE GRANT REQUIREMENT

Ante, p. 1749.

SEC. 122. Section 4(b)(2) of the Act (42 U.S.C. 5103(b)(2)) is amended— (1) by striking out "and" at the end of clause (I); (2) by striking out the period at the end of clause (J) and inserting in lieu thereof a semicolon and the word "and"; and (3) by inserting after clause (J) the following new clause: "(K) within one year after the date of the enactment of the Child Abuse Amendments of 1984, have in place for the purpose of responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for (i) coordination and consultation with individuals designated by and within appropriate health-care facilities, (ii) prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), and (iii) authority, under State law, for the State child protective service system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to

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Page:United States Statutes at Large Volume 98 Part 2.djvu/593

 PUBLIC LAW 98-457—OCT. 9, 1984

98 STAT. 1753

prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions.". ADDITIONAL STATE GRANTS AND ASSISTANCE FOR TRAINING, TECHNICAL ASSISTANCE, AND CLEARINGHOUSE ACTIVITIES

SEC. 123. (a) Section 4 of the Act is further amended by— (1) redesignating subsection (c) as subsection (d), subsection (d) as subsection (e), and subsection (e) as subsection (f); and (2) inserting after subsection (b) the following new subsection: "(c)(1) The Secretary is authorized to make additional grants to the States for the purpose of developing, establishing, and operating or implementing— "(A) the procedures or programs required under clause (K) of subsection (b)(2) of this section; "(B) information and education programs or training programs for the purpose of improving the provision of services to disabled infants with life-threatening conditions for (i) professional and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health-care facilities, and (ii) the parents of such infants; and "(C) programs to help in obtaining or coordinating necessary services, including existing social and health services and financial assistance for families with disabled infants with lifethreatening conditions, and those services necessary to facilitate adoptive placement of such infants who have been relinquished for adoption. "(2)(A) The Secretary shall provide, directly or through grants or contracts with public or private nonprofit organizations, for (i) training and technical assistance programs to assist States in developing, establishing, and operating or implementing programs and procedures meeting the requirements of clause (K) of subsection (b)(2) of this section; and (ii) the establishment and operation of national and regional information and resource clearinghouses for the purpose of providing the most current and complete information regarding medical treatment procedures and resources and community resources for the provision of services and treatment for disabled infants with life-threatening conditions (including compiling, maintaining, updating, and disseminating regional directories of community services and resources (including the names and phone numbers of State and local medical organizations) to assist parents, families, and physicians and seeking to coordinate the availability of appropriate regional education resources for health-care personnel). "(B) Not more than $1,000,000 of the funds appropriated for any fiscal year under section 5 of this Act may be used to carry out this paragraph. "(C) Not later than 210 days after the date of the enactment of the Child Abuse Amendments of 1984, the Secretary shall have the capability of providing and begin to provide the training and technical assistance described in subparagraph (A) of this paragraph.". (b) Section 4 of the Act is further amended by adding after paragraph (3) the following new paragraph: "(4) Programs or projects related to child abuse and neglect assisted under part B of title IV of the Social Security Act shall

42 USC 5103.

Public information.

Ante, p. 1752.

Contracts with U.S.

42 USC 5104.

Ante, p. 1749.

42 USC 5103.

42 USC 620.

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