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 100 STAT. 3610

PUBLIC LAW 99-646—NOV. 10, 1986

"(b) PUNISHMENT.—(1) The punishment for an offense under this section is— "(A) if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for— "(i) an ofTense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both; "(ii) an ofTense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both; "(iii) any other felony, a fine under this title or imprisonment for not more than two years, or both; or "(iv) a misdemeanor, a fine under this chapter or imprisonment for not more than one year, or both; and "(B) if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both. "(2) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense."; (2) in subsection (c)— (A) by striking out "that he" the first place it appears and inserting in lieu thereof "to"; and aai • (B) by striking out "he appeared" and inserting in lieu thereof "the person appeared; and (3) in subsection (d)— (A) by inserting "of this title" after "3142(b)"; (B) by striking out "section 3142(c)(2)(K) or (c)(2)(L)" and inserting "clause (xi) or (xii) of section 3142(c)(1)(B) of this title" in lieu thereof. (g) SECTION 3147 AMENDMENTS.—Section 3147 of title 18, United States Code, is amended— (1) by striking out "pursuant to" each place it appears and inserting "under" in lieu thereof; and (2) by inserting a comma after "for the offense". (h) SECTION 3148 AMENDMENTS.—Section 3148 of title 18, United States Code, is amended— (1) in subsection (a), by inserting "of this title" after "3142"; (2) in subsection (b)— (A) by striking out "his" the first place it appears and inserting "such person's" in lieu thereof; (B) by striking out "his" each other place it appears; (C) by strikii^ out "he" the first place it appears and inserting "such person" in lieu thereof; (D) by inserting a comma after "period of release"; (E) by inserting "of this title" after "3142(g)"; (F) by striking out "he" the second place it appears and inserting "the judicial officer" in lieu thereof; and (G) by inserting "of this title" after "3142"; and (3) in subsection (c>— (A) by striking out "judge" and inserting "judicial officer" in lieu thereof; (B) by inserting "of this title" after "401"; and (C) by striking out "his". (i) SECTION 3156 AMENDMENTS.—Section 3156(a) of title 18, United States Code, is amended—

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Page:United States Statutes at Large Volume 100 Part 5.djvu/137

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3611

(1) by striking out "The term" each place it appears and inserting "the term" in lieu thereof; and (2) by striking out "and" at the end of paragraph (2). (j) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3141 note. take effect 30 days after the date of enactment of this Act. SEC. 56. CORRECTION OF PRINTING ERROR IN SENTENCING GUIDELINES ACT OF 1986.

Section 994(b)(2) of title 28» United States Code, is amended by striking out "that, if the maximum" and inserting "that, if the minimum" in lieu thereof. SEC. 57. DISCLOSURES WITH RESPECT TO CERTAIN CONVICTS AND AMENDMENT RELATING TO PAROLE REGIONS. (a) DISCLOSURE BY ATTORNEY GENERAL.—Section 4082 of title 18,

United States Code, is amended— (1) by redesignating subsection (f) as subsection (g), and (2) by inserting after subsection (e) the following new subsection: "(f)(1) The Attorney Genera nail, upon the request of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as possible to such £^ency, with respect to prisoners who have been convicted of felony offenses against the United States and who are confined at a facility which is a residential community treatment center located in the geographical area in which such agency has jurisdiction, the following information maintained by the Bureau of Prisons (to the extent that the Bureau of Prisons maintains such information)— "(A) the names of such prisoners; "(B) the community treatment center addresses of such prisoners; "(C) the dates of birth of such prisoners; "(D) the Federal Bureau of Investigation numbers assigned to such prisoners; "(E) photographs and fingerprints of such prisoners; and "(F) the nature of the offenses against the United States of which each such prisoner has been convicted and the factual circumstances relating to such offenses. "(2) Any law enforcement agency which receives information under this subsection shall not disseminate such information outside of such agency.". (b) DISCLOSURE BY COMMISSION.—Section 4203 of title 18, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(1) The Commission shall, upon the request of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as possible to such agency, with respect to individuals who are under the jurisdiction of the Commission, who have been convicted of felony offenses against the United States, and who reside, are employed, or are supervised in the geographical area in which such agency has jurisdiction, the following information maintained by the Commission (to the extent that the Commission maintains such information)— "(A) the names of such individuals; "(B) the addresses of such individuals; "(C) the dates of birth of such individuals;

State and local governments.

Classified information. State and local governments.

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


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Page:United States Statutes at Large Volume 100 Part 5.djvu/138

 100 STAT. 3612

^ Classified information.

PUBLIC LAW 99-646—NOV. 10, 1986

"(D) the Federal Bureau of Investigation numbers assigned to such individuals; "(E) photographs and fingerprints of such individuals; and "(F) the nature of the offenses against the United States of which each such individual has been convicted and the factual circumstances relating to such offense. "(2) Any law enforcement agency which receives information under this subsection shall not disseminate such information outside of such agency.". (c) PAROLE REGIONS.—Section 4203(a)(2) of title 18, United States Code, is amended by striking out ", but in no event less than five". SEC. 58. PAROLE-RELATED CORRECTIONS.

(a) NATIONAL APPEALS BOARD.—Section 4204(a)(5) of title 18, United States Code, is amended by striking out "three" and inserting in lieu thereof "not fewer than three". (b) PERSONAL CONFERENCE WITH REPRESENTATIVE OF COMMIS-

SION.—Section 4208(g) of title 18, United States Code, is amended by striking out "the Commissioners or examiners conducting the proceeding" and inserting "a representative of the Commission" in lieu thereof. (c) CONDITIONS OF PAROLE.—Section 4209(d)(l) of title 18, United States Code, is amended by adding at the end thereof the following: "Notwithstanding any other provision of this paragraph, the Commission may modify conditions of parole, without regard to such ten-day period, on any such motion if the Commission determines that the immediate modification of conditions of parole is required to prevent harm to the parolee or to the public". (d) RUNNING OF TERMS.—Section 4210(b)(2) of title 18, United States Code, is amended— (1) by striking out "a Federal, State, or local crime" and inserting "any criminal offense" in lieu thereof; and (2) by striking out "crime" the second place it appears and inserting "offense" in lieu thereof. (e) EuMiNATiON OF OBSOLETE PROVISION.—Section 4210 of title 18, United States Code, is amended— (1) by striking out subsection (e); and (2) by redesignating subsection (f) as subsection (e). (f) REVOCATION OF PAROLE.—Section 42140t)Xl) of title 18, United States C!ode, is amended— (1) by striking out "a Federal, State, or local crime" and inserting in lieu thereof "any criminal offense"; and (2) by striking out "a crime" and inserting "an offense" in lieu thereof. (g) SECTION 3147 AMENDMENTS.—Section 3147 of title 18, United Code, is amended by striking out section 4217. (2) The table of sections at the beginning of chapter 311 of title 18, United States Code, is amended by striking out the item relating to section 4217. SEC. 59. PROGRAM THEFT AND BRIBERY.

(a) IN GENERAL.—Section 666 of title 18, United States Code, is amended to read eis follows:

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Page:Bobbsey Twins at the Seashore.djvu/188

176 and they only come in to land out of the rain."

This explanation made Uncle Daniel laugh heartily. The whole family sat around on the sands, and it was like being in the country and at the seashore at the one time, Flossie declared.

The boys, of course, were in the water. August Stout had not learned much about swimming since he fell off the plank while fishing in Meadow Brook, so that out in the waves the other boys had great fun with their fat friend.

"And there is Nettie Prentice!" exclaimed Nan, suddenly, as she espied her little country friend looking through the crowd, evidently searching for friends.

"Oh, Nan!" called Nettie, in delight, "I'm just as glad to see you as I am to see the ocean, and I never saw that before," and the two little girls exchanged greetings of genuine love for each other.

"Won't we have a perfectly splendid time?" declared Nan. "Dorothy, my cousin, is so jolly, and here's Nellie—you remember her?"


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Page:United States Statutes at Large Volume 100 Part 5.djvu/139

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3613

"§666. Theft or bribery concerning programs receiving Federal funds "(a) Whoever, if the circumstance described in subsection (b) of this section exists— "(1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof— "(A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that— "(i) is valued at $5,000 or more, and "(ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or "(B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anj^hing of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or "(2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; shall be fined under this title, imprisoned not more than 10 years, or both. "O?) The circumstance referred to in subsection (a) of this section is that the organization, government, or sigency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance. "(c) This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. "(d) As used in this section— "(1) the term 'agent' means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative; "(2) the term 'government agency' means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program; and "(3) the term 'local' means of or pertaining to a political subdivision within a State.". SEC. 60. EXTENSION OF CERTAIN PROTECTIONS FOR FAMILY MEMBERS OF CERTAIN OFFICIALS TO THOSE OFFICIALS.

Section 115(a) of title 18, United States Code, is amended— (1) by striking out "18 U.S.C. 1114, as amended," and inserting "section 1114 of this title, or threatens to assault, kidnap, or murder, a United States official, a United States judge, a Fed-

State and local governments. Indians.

Grants. Contracts. Loans. Insurance. Wages.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/140

 100 STAT. 3614

PUBLIC LAW 99-646—NOV. 10, 1986 eral law enforcement officer, or an official whose killing would be a crime under such section" in lieu thereof; (2) by striking out "he is"; and . ' (3) by striking out "his".

SEC. 61. KILLING WITNESSES.

"

Section 1512 of title 18, United States Code, is amended— (1) in subsection (a)(l), by inserting ", delay, or prevent" after "influence"; (2) by inserting after the catchline the following: "(a)(l) Whoever kills or attempts to kill another person, with intent to— "(A) prevent the attendance or testimony of any person in an official proceeding; "(B) prevent the production of a record, document, or other object, in an official proceeding; or "(C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (2). "(2) The punishment for an offense under this subsection is— "(A) in the case of a killing, the punishment provided in sections 1111 and 1112 of this title; and "(B) in the case of an attempt, imprisonment for not more than twenty years."; and (3) by redesignating subsections (a) through (f) as subsections (b) through (g) respectively. SEC. 62. PROTECTION FOR MAJOR PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATES.

Section 351 of title 18, United States Code, is amended— (1) in subsection (a), by inserting "a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title)" after "Central Intelligence,"; and (2) in subsection (h), by striking out "official" and inserting "individual" in lieu thereof. SEC. 63. ADDITION OF FOREIGN COMMERCE TO COMMUNICATION OF THREAT OFFENSES.

Section 875 of title 18, United States Code, is amended by inserting "or foreign" after "interstate" each place it appears. SEC. 64. TRESPASS ON BUREAU OF PRISONS RESERVATIONS AND LAND.

18 USC 1793.

(a) IN GENERAL.—Chapter 87 of title 18, United States Code, is amended by inserting after section 1792 the following new section: "§ 1793. Trespass on Bureau of Prisons reservations and land "Whoever, without lawful authority or permission, goes upon a reservation, land, or a facility of the Bureau of Prisons shall be fined not more than $500 or imprisoned not more than six months, or both." ft)) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 87 of title 18, United States Code, is amended by adding at the end the following new item: "1793. Trespass on Bureau of Prisons reservations and land.".

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Page:United States Statutes at Large Volume 100 Part 5.djvu/141

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3615

SEC. 65. ARREST AUTHORITY.

(a) IN GENERAL.—The first sentence of section 3050 of title 18, United States Code, is amended to read as follows: "An officer or employee of the Bureau of Prisons may— "(1) make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code; "(2) make arrests on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and "(3) arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property; if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person's escaping before an arrest warrant can be obtained.". (b) STYLE CORRECTION.—The second sentence of section 3050 of title 18, United States Code, is amended by striking out "he" and inserting "such prisoner". SEC. 66. AUTHORITY TO EXCHANGE INMATES WITH STATES.

Subsection (a) of section 5003 of title 18, United States Code, is Contracts. amended to read as follows: "(a)(1) The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a State or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of crimmal offenses in the courts of such State or territory. "(2) Any such contract shall provide— "(A) for reimbursing the United States in full for all costs or expenses involved; "(B) for receiving in exchange persons convicted of criminal offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State or territory by designation as provided in section 40820t)) of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or "(C) for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, according to formulas or conditions which may be negotiated in the contract. "(3) No such contract shall provide for the receipt of more State or territory prisoners by the United States than are transferred to that State or territory by such contract.".

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Page:United States Statutes at Large Volume 100 Part 5.djvu/142

 100 STAT. 3616

PUBLIC LAW 99-646—NOV. 10, 1986

SEC. 67. AUTHORITY TO ACCEPT DONATIONS AND CONDUCT AUTOPSIES.

(a) IN GENERAL.—Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 18 USC 4044.

"§ 4044. Donations on behalf of the Bureau of Prisons "The Attorney General may, in accordance with rules prescribed by the Attorney General, accept in the name of the Department of Justice any form of devise, bequest, gift or donation of money or property for use by the Bureau of Prisons or Federal Prison Industries. The Attorney General may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey such property other than money.

18 USC 4045. State and local governments. Health and medical care. Safety. Religion.

"§ 4045. Authority to conduct autopsies "A chief executive officer of a Federal penal or correctional facility may, pursuant to rules prescribed by the Director, order an autopsy and related scientific or medical tests to be performed on the body of a deceased inmate of the facility in the event of homicide, suicide, fatal illness or accident, or unexplained death, when it is determined that such autopsy or test is necessary to detect a crime, maintain discipline, protect the health or safety of other inmates, remedy official misconduct, or defend the United States or its employees from civil liability arising from the administration of the facility. To the extent consistent with the needs of the autopsy or of specific scientific or medical tests, provisions of State and local law protecting religious beliefs with respect to such autopsies shall be observed. Such officer may also order an autopsy or post-mortem operation, including removal of tissue for transplanting, to be performed on the body of a deceased inmate of the facility, with the written consent of a person authorized to permit such an autopsy or post-mortem operation under the law of the State in which the facility is located.". 0)) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 303 of title 18, United States Code, is amended by adding after the item relating to 4043 the following new items: "4044. Donations on behalf of the Bureau of Prisons." "4045. Authority to conduct autopsies.". SEC. 68. ADDITION OF EXTORTION TO BANK ROBBERY OFFENSE.

Section 2113(a) of title 18, United States Code, is amended by inserting ", or obtains or attempts to obtain by extortion" after "from the person or presence of another". SEC. 69. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.

Section 546 of title 28, United States Code, is amended to read as follows: "§ 546. Vacancies "(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. "01)) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. "(c) A person appointed as United States attorney under this section may serve until the earlier o— f

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Page:United States Statutes at Large Volume 100 Part 5.djvu/143

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3617

"(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or "(2) the expiration of 120 days after appointment by the Attorney General under this section. "(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court." SEC. 70. RELOCATION EXPENSES FOR EXCHANGE PARTICIPANTS.

Section 209(e) of title 18, United States Code, is amended by striking out the period at the end and inserting in lieu thereof "or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days.". SEC. 71. VICTIMS OF CRIME ACT.

Section 1404(c)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10603) is amended— (1) in subparagraph (A), by striking out "not less than" and inserting in lieu thereof "not more than"; and (2) in subparagraph (B), by striking out "not more than" and inserting in lieu thereof "not less than". SEC. 72. BAIL.

(a) SUBPARAGRAPH (D) AMENDMENTS.—Subparagraph (D) of section

3142(f)(1) of title 18, United States Code, is amended— (1) by striking out "any felony committed after the person had been convicted of two or more prior offenses" and inserting in lieu thereof "any felony if the person has been convicted of two or more offenses"; and (2) by inserting before the semicolon ", or a combination of such offenses". 0>) SUBPARAGRAPH (A) AMENDMENTS.—Subparagraph (A) of section 3142(fK2) of title 18, United States Code, is amended by inserting "or" after the semicolon. (c) SUBSECTION (f) AMENDMENT.—Subsection (f) of section 3142 of Safety. title 18, United States Code, is amended by adding at the end thereof the following: "The hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community.". SEC. 73. APPELLATE REVIEW.

(a) IN GENERAL.—Section 3742(e) of title 18, United States Code, is amended— (1) in paragraph (1), by striking out "it shall" and all that follows through the end of such paragraph, and inserting in lieu thereof "the court shall remand the case for further sentencing proceedings with such instructions as the court considers appropriate;" and (2) in each of subparagraphs (A) and (B) of paragraph (2), by striking out "and— and all that follows through the end of the subparagraph and inserting in lieu thereof the court shall

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Page:United States Statutes at Large Volume 100 Part 5.djvu/144

 100 STAT. 3618

PUBLIC LAW 99-646—NOV. 10, 1986 remand the case for further sentencing proceedings with such instructions as the court considers appropriate;".

SEC. 74. WARRANTS RELATING TO SEIZURE.

18 USC app.

Subsection 0?) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(b)) is amended— (1) by striking out "or criminal" after "Any property subject to civil"; (2) in paragraph (4), by striking out "or criminal" after "is subject to civil"; and (3) by adding the following at the end thereof: "The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure.". (b) Subsection (i) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(i)) is amended by inserting ", or a violation of State or local law that could have been charged under this title or title III," after "title III". SEC. 75. PROBATIONERS AND PAROLEES.

Section 3522(a) of title 18, United States Code, is amended by striking out "parolees" in the second sentence and inserting in lieu thereof "probationers or parolees, as the case may be". SEC. 76. STOLEN GOODS.

The first and second paragraphs of section 2315 of title 18 of the United States Code are each amended— (1) by inserting "possesses," after "receives,"; and (2) by striking out "moving as, or which are a part of, or which constitute interstate or foreign commerce," and inserting in lieu thereof "which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken,". SEC. 77. STANDARDS FOR IMPOSITION OF RESTITUTION.

18 USC 3579 note.

(a) IN GENERAL.—Subsection (d) of section 3579 of title 18, United States Clode, is amended to read as follows: "(d) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.". (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the 30th day after the date of the enactment of this Act. SEC. 78. ENFORCEMENT OF RESTITUTION ORDER

18 USC 3579 ^°^-

(a) IN GENERAL.—Subsection (h) of section 3579 of title 18, United States Code, is amended by striking out "or" and inserting in lieu thereof "in the manner provided for the collection of fines and penalties by section 3565 or by". (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the 30th day after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/145

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3619

SEC. 79. CLARIFYING AMENDMENT.

(a) IN GENERAL.—Section 3579(a)(l) of title 18, United States Code, is amended by striking out "the offense" and inserting in lieu thereof "such offense". (b) EFFECTIVE DATE.—The amendment made by this section shall is use 3579 take effect on the date of the enactment of this Act. note. SEC. 80. PRESENTENCE PROCEDURE RELATING TO RESTITUTION.

(a) IN GENERAL.—Section 3553(d) of title 18, United States Code, is amended— (1) by striking out "OR RESTITUTION" in the subsection heading; and (2) by striking out "or an order of restitution pursuant to section 3556,". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3553 take effect on the date of the taking effect of section 212(a)(2) of the note. 98 Stat. 1987. Sentencing Reform Act of 1984. SEC. 81. NEED FOR RESTITUTION TO BE CONSIDERED AS FACTOR IN SENTENCING.

(a) IN GENERAL.—Section 3553(a) of title 18, United States Code, is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting "; and" in lieu thereof; and (3) by adding at the end the following new paragraph: "(7) the need to provide restitution to any victims of the offense.". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3553 take effect on the date of the taking effect of section 212(a)(2) of the note. Sentencing Reform Act of 1984. SEC. 82. AVAILABILITY OF SECTION 1402 AMOUNTS.

Section 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(e)) is amended— (1) by inserting "(1)" after "(e)"; (2) by striking out "Any" and inserting "Except as provided in paragraph (2), any"; and (3) by adding at the end the following: "(2) For the purposes of the application of paragraph (1) to any grant under this chapter with respect to fiscal year 1985, there shall be substituted in such paragraph 'two succeeding fiscal years' for 'succeeding fiscal year' and 'which period' for 'which year'.'.

Grants.

SEC. 83. DEFINITION OF ISOMER

Section 102(14) of the Controlled Substances Act (21 U.S.C. 802(14)) is amended in the second and third sentences by striking out "the optical" and inserting in lieu thereof "any optical". SEC. 84. AMENDMENT TO SCHEDULE.

Paragraph (4) of subsection (a) of schedule II of the Controlled Substances Act (21 U.S.C. 812) is amended to read as follows: "(4) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any

Drugs and drug abuse.

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Page:A Dynamical Theory of the Electromagnetic Field.pdf/31

Rh Let C be the current in the conductor, and let $$p', q', r'$$ be its components, then

$Xa\delta=Ca\delta xx\left(\frac{dy}{ds}\mu\gamma-\frac{dz}{ds}\mu\beta\right),$

{{MathForm2|(J)|$$\left.\begin{array}{ccc} \mathrm{or} & & X=\mu\gamma q'-\mu\beta r'.\\ \\\mathrm{Similarly,} & & Y=\mu\alpha r'-\mu\gamma p',\\ \\ & & Z=\mu\beta p'-\mu\alpha q'.\end{array}\right\} $$}}

These are the equations which determine the mechanical force acting on a conductor carrying a current. The force is perpendicular to the current and to the lines of force, and is measured by the area of the parallelogram formed by lines parallel to the current and lines of force, and proportional to their intensities.

Mechanical Force on a Magnet.

(77) In any part of the field not traversed by electric currents the distribution of magnetic intensity may be represented by the differential coefficients of a function which may be called the magnetic potential. When there are no currents in the field, this quantity has a single value for each point. When there are currents, the potential has a series of values at each point, but its differential coefficients have only one value, namely,

$\frac{d\varphi}{dx}=\alpha,\ \frac{d\varphi}{dy}=\beta,\ \frac{d\varphi}{dz}=\gamma.$

Substituting these values of $$\alpha,\beta,\gamma$$ in the expression (equation 38) for the intrinsic energy of the field, and integrating by parts, it becomes

$-\sum\left\{ \varphi\frac{1}{8\pi}\left(\frac{d\mu\alpha}{dx}+\frac{d\mu\beta}{dy}+\frac{d\mu\gamma}{dz}\right)\right\} dV$

The expression

indicates the number of lines of magnetic force which have their origin within the space V. Now a magnetic pole is known to us only as the origin or termination of lines of magnetic force, and a unit pole is one which has $$4\pi$$ lines belonging to it, since it produces unit of magnetic intensity at unit of distance over a sphere whose surface is $$4\pi$$.

Hence if $$m$$ is the amount of free positive magnetism in unit of volume, the above expression may be written $$4\pi m$$, and the expression for the energy of the field becomes

If there are two magnetic poles $$m_1$$ and $$m_2$$ producing potentials $$\varphi_{1}$$ and $$\varphi_{2}$$ in the field, then if ma is moved a distance $$dx$$, and is urged in that direction by a force $$X$$, then the work done is $$Xdx$$, and the decrease of energy in the field is

$d\left(\frac{1}{2}\left(\varphi_{1}+\varphi_{2}\right)\left(m_{1}+m_{2}\right)\right)$

and these must be equal by the principle of Conservation of Energy.


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Page:United States Statutes at Large Volume 100 Part 5.djvu/146

 100 STAT. 3620

PUBLIC LAW 99-646—NOV. 10, 1986 compound, mixture, or preparation which contains any quantity of any of the substances referred to in this paragraph..

Contracts. State and local governments.

SEC. 85. ENFORCEMENT COOPERATION. Section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof; and"; and (3) by adding at the end thereof the following: "(7) notwithstanding any other provision of law, enter into contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under this Act.".

SEC. 86. POWERS OF ENFORCEMENT PERSONNEL. Section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended— (1) by inserting "(a)" before "Any officer or employee"; (2) by inserting after "Drug Enforcement Administration" the following: "or any State or local law enforcement officer"; and (3) by adding at the end thereof the following new subsection: State and local "(b) State and local law enforcement officers performing functions governments. under this section shall not be deemed Federal employees and shall Government organization and not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5, employees. United States Code.". Sexual Abuse Act of 1986. 18 USC 2241 note.

SEC. 87. AMENDMENTS RELATING TO SEXUAL ABUSE. (a) SHORT TITLE.—This section may be cited as the "Sexual Abuse Act of 1986". (b) DEFINITION OF SEXUAL ABUSE OFFENSES.—Title 18, United

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

"CHAPTER 109A—SEXUAL ABUSE "Sec. "2241. Aggravated sexual abuse. "2242. Sexual abuse. "2243. Sexual abuse of a minor or ward. "2244. Abusive sexual contact. "2245. Definitions for chapter.

18 USC 2241.

^.^

"§ 2241. Aggravated sexual abuse "(a) BY FORCE OR THREAT.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act— "(1) by using force against that other person; or "(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. (b) BY OTHER MEANS.—Whoever, in the sp»ecial maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— - i^

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Page:United States Statutes at Large Volume 100 Part 5.djvu/147

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3621

"(1) renders another person unconscious and thereby engages in a sexual act with that other person; or "(2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby— "(A) substantially impairs the ability of that other person to appraise or control conduct; and "(B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. "(c) WITH CHILDREN.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.

Drugs and drug abuse. Alcohol and alcoholic beverages.

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

subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years. 18 USC 2242. "§ 2242. Sexual abuse "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly— "(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping); or "(2) engages in a sexual act with another person if that other person is— "(A) incapable of appraising the nature of the conduct; or "(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

"§ 2243. Sexual abuse of a minor or ward 18 USC 2243. "(a) OF A MINOR.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who— "(1) has attained the age of 12 years but has not attained the age of 16 years; and "(2) is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than five years, or both. "(b) OF A WARD.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who is— "(1) in official detention; and "(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than one year, or both. "(c) DEFENSES.—(1) In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a

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Page:Bobbsey Twins at the Seashore.djvu/189

Rh Of course Nettie did remember her, and now all the little girls went around hunting for fun in every possible corner where fun might be hidden.

As soon as the boys were satisfied with their bath they went in search of the big sun umbrellas, so that Uncle William, Aunt Emily, Mrs. Bobbsey, and Aunt Sarah might sit under the sunshades, while eating lunch. Then the boys got long boards and arranged them from bench to bench in picnic style, so that all the Meadow Brook friends might have a pleasant time eating their box lunches.

"Let's make lemonade," suggested Hal. "I know where I can get a pail of nice clean water."

"I'll buy the lemons," offered Harry.

"I'll look after sugar," put in Bert.

"And I'll do the mixing," declared August Stout, while all set to work to produce the wonderful picnic lemonade.

"Now, don't go putting in white sand instead of sugar," teased Uncle Daniel, as the "caterers," with sleeves rolled up, worked hard over the lemonade.


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Page:United States Statutes at Large Volume 100 Part 5.djvu/148

 100 STAT. 3622

PUBLIC LAW 99-646—NOV. 10, 1986

preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years. "(2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other. "(d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under

18 USC 2244.

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

territorial jurisdiction of the United States or in a Federal prison, knowingly engages in or causes sexual contact with or by another person, if so to do would violate— "(1) section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than five years, or both; "(2) section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both; "(3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than one year, or both; or "(4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined not more than $5,000, imprisoned not more than six months, or both. "(b) I N OTHER CIRCUMSTANCES.—Whoever, in the special maritime

18 USC 2245.

and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in sexual contact with another person without that other person's permission shall be fined not more than $5,000, imprisoned not more than six months, or both. "§ 2245. Definitions for chapter "As used in this chapter— "(1) the term prison' means a correctional, detention, or penal facility; "(2) the term 'sexual act' means— "(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; "(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or "(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; and "(3) the term sexual contact' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

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Page:A Dynamical Theory of the Electromagnetic Field.pdf/32

490 Since the distribution $$\varphi_{1}$$ is determined by $$m_1$$, and $$\varphi_{2}$$ by $$m_2$$, the quantities $$\varphi_{1}m_{1}$$ and $$\varphi_{2}m_{2}$$ will remain constant.

It can be shown also, as has proved (Essay, p. 10), that

$m_{1}\varphi_{2}=m_{2}\varphi_{1}$

so that we get

$Xdx=d\left(m_{2}\varphi_{1}\right)$

{{MathForm2|(K)|$$\left.\begin{array}{l} X=m_{2}\frac{d\varphi_{1}}{dx}=m_{2}\alpha_{1},\\ \\\mathrm{where}\ \alpha_{1}\ \mathrm{represents\ the\ magnetic}\ \\ \mathrm{intensity\ due\ to}\ m_{1}.\ \mathsf{Similarly}\\ \\Y=m_{2}\beta_{1},\\ \\Z=m_{2}\gamma_{1}.\end{array}\right\} $$}}

So that a magnetic pole is urged in the direction of the lines of magnetic force with a force equal to the product of the strength of the pole and the magnetic intensity.

(78) If a single magnetic pole, that is one pole of a very long magnet, be placed in the field, the only solution of $$\varphi$$ is

where $$m_1$$ is the strength of the pole and $$r$$ the distance from it.

The repulsion between two poles of strength $$m_1$$ and $$m_2$$ is

In air or any medium in which $$\mu=1$$ this is simply $$\tfrac{m_{1}m_{2}}{r^{2}}$$, but in other media the force acting between two given magnetic poles is inversely proportional to the coefficient of magnetic induction for the medium. This may be explained by the magnetization of the medium induced by the action of the poles.

Mechanical Force on an Electrified Body.

(79) If there is no motion or change of strength of currents or magnets in the field, the electromotive force is entirely due to variation of electric potential, and we shall have (§ 65)

$P=-\frac{d\Psi}{dx},\ Q=-\frac{d\Psi}{dy},\ R=-\frac{d\Psi}{dz}$

Integrating by parts the expression (I) for the energy due to electric displacement, and remembering that P, Q, R vanish at an infinite distance, it becomes

$\frac{1}{2}\sum\left\{ \Psi\left(\frac{df}{dx}+\frac{dg}{dy}+\frac{dh}{dz}\right)\right\} dV$

or by the equation of Free Electricity (G), p. 485,

$-\frac{1}{2}\sum(\Psi e)dV$


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Page:United States Statutes at Large Volume 100 Part 5.djvu/149

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3623

"(4) the term 'serious bodily injury' means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; "(5) the term 'official detention' means— "(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or "(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency.". (c) OTHER TITLE 18 AMENDMENTS.—Title 18, United States Code, is

amended— (1) by striking out chapter 99; 18 USC 2031, (2) in subsection (a) of section 113 by striking out "or rape"; 2032. (3) in subsection (b) of section 113 by striking out "rape" and inserting in lieu thereof "a felony under chapter 109A"; (4) in subsection (a) of section 1111 by striking out ", rape" and inserting in lieu thereof "aggravated sexual abuse or sexual abuse"; (5) in section 1153— (A) in the first paragraph, by striking out "rape, involuntary sodomy, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape," and inserting in lieu thereof "a felony under chapter 109A,"; and Ante, p. 3620. (B) in each of the second and third paragraphs, by striking o u t ", involuntary sodomy,"; (6) in paragraph (12) of section 3185 by striking out "Rape;" and inserting in lieu thereof "A felony under chapter 109A of this title;"; and (7) in the table of chapters at the beginning of part I— (A) by striking out the item relating to chapter 99; and (B) by inserting after the item relating to chapter 109 the following new item: "109A. Sexual Abuse

2241".

(d) NON-TITLE 18 PROVISIONS.—(1) The Public Health Service Act is amended— (A) in section 1904(a)(l)(G) (42 U.S.C. 300w-3(a)(l)(G)) by striking out "rape victims and for rape prevention" and inserting in lieu thereof "victims of sex offenses and for prevention of sex offenses"; and

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Page:United States Statutes at Large Volume 100 Part 5.djvu/150

 100 STAT. 3624

94 Stat. 1602.

18 USC 2241 iiote-

PUBLIC LAW 99-646—NOV. 10, 1986

(B) in section 1905(c)(6) (42 U.S.C. 300w-4(c)(6)) by striking out "rape" and inserting "sex offense" in lieu thereof. (2) The heading of title VI of the Mental Health Systems Act is amended by striking out "RAPE" and inserting "SEX OFFENSE" in lieu thereof. (3) The heading for section 601 of the Mental Health Systems Act (42 U.S.C. 9511) is amended by striking out "RAPE" and inserting "SEX OFFENSE" in lieu thereof. (4) Section 601(a) of the Mental Health Systems Act (42 U.S.C. 9511(a)) is amended by striking out "Rape" and inserting "Sex Offenses" in lieu thereof. (5) Section 601(a)(l) of the Mental Health Systems Act (42 U.S.C. 9511(a)(l)) is amended— (A) in subparagraph (B), by striking out "the act of rape" and inserting "sex offenses" in lieu thereof; (B) in subparagraph (E), by striking out "rape" and inserting "a sex offense" in lieu thereof; and (C) by striking out "rape" each place it appears other than in subparagraphs (B) and (E) and inserting "sex offenses" in lieu (6) Section 601(a)(3) of the Mental Health Systems Act (42 U.S.C. 9511(a)(3)) is amended by striking out "rape" each place it appears and inserting "sex offenses" in lieu thereof. (7) Section 601(e) of the Mental Health Systems Act (42 U.S.C. 9511(e)) is amended by striking out "rape" the first place it appears and inserting "sex offense" in lieu thereof. (8) Section 902(k)(l) of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 1472(k)(l)), is amended by striking out "2031, 2032" and inserting in lieu thereof "chapter 109A". (e) EFFECTIVE DATE.—This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act, Approved November 10, 1986.

LEGISLATIVE HISTORY—S. 1236 (H.R. 2713) (H.R. 2998) (H.R. 5241): HOUSE REPORTS: No. 99-334 accompanying H.R. 2713, No. 99-527 accompanying H.R. 2998, and No. 99-797 accompanying H.R. 5241 (all from C!omm. on the Judiciary). SENATE REPORTS: No. 99-278 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 17, considered and passed Senate. Oct. 17, considered and passed House, amended. " Oct. 18, Senate concurred in House amendment.

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Page:A Dynamical Theory of the Electromagnetic Field.pdf/33

Rh By the same demonstration as was used in the case of the mechanical action on a magnet, it may be shown that the mechanical force on a small body containing a quantity $$e_2$$ of free electricity placed in a field whose potential arising from other electrified bodies is $$\Psi_{1}$$, has for components

{{MathForm2|(D)|$$\left.\begin{array}{c} X=e_{2}\frac{d\Psi_{1}}{dx}=-P_{1}e_{2},\\ \\Y=e_{2}\frac{d\Psi_{1}}{dy}=-Q_{1}e_{2},\\ \\X=e_{2}\frac{d\Psi_{1}}{dz}=-R_{1}e_{2},\end{array}\right\} $$}}

So that an electrified body is urged in the direction of the electromotive force with a force equal to the product of the quantity of free electricity and the electromotive force.

If the electrification of the field arises from the presence of a small electrified body containing ex of free electricity, the only solution of $$\Psi_{1}$$ is

where $$r$$ is the distance from the electrified body.

The repulsion between two electrified bodies $$e_2$$, $$e_2$$ is therefore

Measurement of Electrical Phenomena by Electrostatic Effects.

(80) The quantities with which we have had to do have been hitherto expressed in terms of the Electromagnetic System of measurement, which is founded on the mechanical action between currents. The electrostatic system of measurement is founded on the mechanical action between electrified bodies, and is independent of, and incompatible with, the electromagnetic system; so that the units of the different kinds of quantity have different values according to the system we adopt, and to pass from the one system to the other, a reduction of all the quantities is required.

According to the electrostatic system, the repulsion between two small bodies charged with quantities $$\eta_{1},\eta_{2}$$ of electricity is

$\frac{\eta_{1}\eta_{2}}{r^{2}}$|undefined

where $$r$$ is the distance between them.

Let the relation of the two systems be such that one electromagnetic unit of electricity contains $$v$$ electrostatic units; then $$\eta_{1}=ve_{1}$$ and $$\eta_{2}=ve_{2}$$, and this repulsion becomes

whence $$k$$, the coefficient of "electric elasticity" in the medium in which the experiments are made, i. e. common air, is related to $$v$$, the number of electrostatic units in one electromagnetic unit, by the equation


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Page:United States Statutes at Large Volume 100 Part 5.djvu/151

 PUBLIC LAW 99-647—NOV. 10, 1986

100 STAT. 3625

Public Law 99-647 99th Congress An Act To establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island.

Nov. 10, 1986 [S. 1374]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISHMENT OF NATIONAL HERITAGE CORRIDOR

SECTION 1. That for the purpose of preserving and interpreting for Conservation.

the educational and inspirational benefit of present and future generations the unique and significant contributions to our national heritage of certain historic and cultural lands, waterways and structures within the Blackstone River Valley in the States of Massachusetts and Rhode Island there is hereby established the Blackstone River Valley Nationed Heritage Corridor (hereafter in this Act referred to as the "Corridor"). It is the purpose of this Act to provide a management framework to gissist the States of Massachusetts and Rhode Island and their units of local government in the development and implementation of integrated cultural, historical and land resource management programs in order to retain, enhance and interpret the significant values of the lands, waters and structures of the Corridor.

Cultural programs. Public lands. Historic preservation. 16 USC 46 note.

BOUNDARIES AND ADMINISTRATION

SEC. 2. (a) BOUNDARIES.—The boundaries shall include those lands generally depicted on a map entitled Blackstone River Valley National Herit^e Corridor, numbered BRV-80-80,000 and dated October 1986. The map shall be on file and available for public inspection in the office of the Department of the Interior in Washington, DC and the Massachusetts and Rhode Island Departments of Environmental Management. The Secretary of the Interior (hereafter referred to as the "Secretary") shall publish in the Federal Register, as soon as practical after the date of enactment of this Act a detailed description and map of the boundaries established under this subsection. (b) ADMINISTRATION.—The Corridor shall be administered in accordance with the provisions of this Act.

Public information. District of Columbia. Federal Register, publication.

BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR COMMISSION

SEC. 3. (a) ESTABLISHMENT.—There is hereby established a commission to be known as the Blackstone River Valley National Heritage Corridor Commission (hereafter known as the "Commission") whose purpose shall be to assist Federal, State and local authorities in the development and implementation of an integrated resource management plan for those lands and waters as specified in section 2. (b) MEMBERSHIP.—The Commission shall be composed of nineteen members appointed by the Secretary as follows:

State and local governments.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/152

 100 STAT. 3626

PUBLIC LAW 99-647—NOV. 10, 1986

(1) the Director of the National Park Service, ex officio, or a delegate; (2) six individuals nominated by the Governors of Rhode Island and Massachusetts and appointed by the Secretary, who shall be the Department of Environmental Management Directors from Rhode Island and Massachusetts, the State Historic Preservation Officers from Massachusetts and Rhode Island, and the Department of Economic Development Directors from Massachusetts and Rhode Island; (3) four representatives of local government from Massachusetts and four from Rhode Island nominated by the Governor of their State and appointed by the Secretary, to represent the interests of local government; and (4) two individuals, nominated by the Governor of Massachusetts and two individuals nominated by the Governor of Rhode Island appointed by the Secretary, to represent other interests each Governor deems appropriate. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) TERMS.—Members of the Commission shall be appointed for terms of three years. (d) COMPENSATION.—Members of the Commission shall receive no pay on account of their service on the Commission, but while away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (e) CHAIRPERSON.—The chairperson of the Commission shall be elected by the members of the Commission. (f) QUORUM.—(1) Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (2) Any member of the Commission may vote by means of a signed proxy exercised by another member of the Commission, but any member so voting shall not be considered present for purposes of establishing a quorum. (3) The affirmative vote of not less than ten members of the Commission shall be required to approve the budget of the Commission. (g) MEETINGS.—The Commission shall meet at least quarterly at the call of the chairperson or ten of its members. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). STAFF OF THE COMMISSION

5 USC 5101 et seq., 5331.

SEC. 4. (a) STAFF.—(1) The Commission shall have the power to appoint and fix the compensation of such staff as may be necessary to carry out its duties. (2) Staff appointed by the Commission— (A) shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service; and (B) shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to cleissification and General Schedule pay rates.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/153

 PUBLIC LAW 99-647—NOV. 10, 1986

100 STAT. 3627

(b) EXPERTS AND CONSULTANTS.—Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable. (c) STAFF OF OTHER AGENCIES.—(1) Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out the Commission's duties. (2) The Commission may accept the services of personnel detailed from the States of Massachusetts and Rhode Island (and any political subdivision thereof) and may reimburse that State or political subdivision for those services. POWERS OF COMMISSION

SEC. 5. (a) HEARINGS.—(1) The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (2) The Commission may not issue subpoenas or exercise any subpoena authority. (b) POWERS OF MEMBERS AND AGENTS.—Any member or agent of the Commission, if so authorized by the Commission, may take any action which the Commission is authorized to take by this Act. (c) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (d) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) U S E OF FUNDS TO OBTAIN MONEY.—The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money. (f) GIFTS.—(1) Except as provided in subsection (g)(2)(B), the Commission may, for purposes of carrying out its duties, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source. (2) For purposes of section 170(c) of the Internal Revenue Code of 1954, any gift to the Commission shall be deemed to be a gift to the 26 USC 170. United States. (g) ACQUISITION OF REAL PROPERTY.—(1) Except as provided in

paragraph (2) and except with respect to any leasing of facilities under subsection (c), the Commission may not acquire any real property or interest in real property. (2) Subject to paragraph (3), the Commission may acquire real property, or interests in real property, in the Corridor— (A) by gift or devise; or (B) by purchase from a willing seller with money which was given or bequeathed to the Commission on the condition that such money would be used to purchase real property, or interests in real property, in the Corridor. (3) Any real property or interest in real property acquired by the Commission under paragraph (2) shall be conveyed by the Commission to an appropriate public or private land managing agency, as

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Page:United States Statutes at Large Volume 100 Part 5.djvu/154

 100 STAT. 3628

PUBLIC LAW 99-647—NOV. 10, 1986

determined by the Commission. Any such conveyance shall be made— (A) as soon as practicable after such acquisition; (B) without consideration; and (C) on the condition that the real property or interest in real property so conveyed is used for public purposes. (h) COOPERATIVE AGREEMENTS.—For purposes of carrying out the plan, the Commission may enter into cooperative agreements with the State of Massachusetts and the State of Rhode Island, with any political subdivision of each State, or with any person. Any such cooperative agreement shall, at a minimum, ^tablish procedures for providing notice to the Commission of any action proposed by the State of Massachusetts and the State of Rhode Island, such political subdivision, or such person which may affect the implementation of the plan. (i) ADVISORY GROUPS.—The Commission may establish such advisory groups as the Commission deems necessary to ensure open communication with, and assistance from, the State of Massachusetts and the State of Rhode Island, political subdivisions of the State of Massachusetts and the State of Rhode Island, and interested persons. DUTIES OF THE COMMISSION

State and local governments.

SEC 6. (a) PREPARATION OF PLAN.—Within one year after the Commission conducts its first meeting, it shall submit a Cultural Heritage and Land Management Plan to the Secretary and the Governors of Massachusetts and Rhode Island for review and approval for ninety days. The plan shall be based on existing State plans, but shall coordinate those plans and present a unified historic preservation and interpretation plan for the Corridor. The plan shall— (1) provide an inventory which includes any property in the Corridor which should be preserved, restored, managed, developed, maintained, or acquired because of its national historic or cultural significance; _ (2) establish standards and criteria applicable to the construction, preservation, restoration, alteration, and use of all properties within the Corridor; (3) develop an historic interpretation plan to interpret the history of the valley; (4) contain policies for land use management which consider and detail the application of appropriate land and water management techniques, including but not limited to local zoning, use of easements and development of intei^vemmental cooperative agreements, so as to protect the Corridor's historical, cultural, scenic and natural resources and enhance water quality of the Blackstone River in a manner consistent with supporting economic revitalization efforts; (5) contain a coordination and consistency component which details the ways in which local. State and Federal programs may best be coordinated to promote the purposes of this Act; and (6) contain a p n ^ a m for State and local government implementation of ^ e plan. (b) APPROVAL OF THE PLAN.—(I) No plan submitted to the Secretary under this section shall be approved unless the Secretary finds that the plan, if implemented, would adequately protect the

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Page:A Dynamical Theory of the Electromagnetic Field.pdf/34

492 The quantity $$v$$ may be determined by experiment in several ways. According to the experiments of MM. and ,

$v$=310,740,000 metres per second.

(81) It appears from this investigation, that if we assume that the medium which constitutes the electromagnetic field is, when dielectric, capable of receiving in every part of it an electric polarization, in which the opposite sides of every element into which we may conceive the medium divided are oppositely electrified, and if we also assume that this polarization or electric displacement is proportional to the electromotive force which produces or maintains it, then we can show that electrified bodies in a dielectric medium will act on one another with forces obeying the same laws as are established by experiment.

The energy, by the expenditure of which electrical attractions and repulsions are produced, we suppose to be stored up in the dielectric medium which surrounds the electrified bodies, and not on the surface of those bodies themselves, which on our theory are merely the bounding surfaces of the air or other dielectric in which the true springs of action are to be sought.

Note on the Attraction of Gravitation.

(82) After tracing to the action of the surrounding medium both the magnetic and the electric attractions and repulsions, and finding them to depend on the inverse square of the distance, we are naturally led to inquire whether the attraction of gravitation, which follows the same law of the distance, is not also traceable to the action of a surrounding medium.

Gravitation differs from magnetism and electricity in this; that the bodies concerned are all of the same kind, instead of being of opposite signs, like magnetic poles and electrified bodies, and that the force between these bodies is an attraction and not a repulsion, as is the case between like electric and magnetic bodies.

The lines of gravitating force near two dense bodies are exactly of the same form as the lines of magnetic force near two poles of the same name; but whereas the poles are repelled, the bodies are attracted. Let $$E$$ be the intrinsic energy of the field surrounding two gravitating bodies $$M_1$$, $$M_2$$, and let $$E'$$ be the intrinsic energy of the field surrounding two magnetic poles $$m_1$$, $$m_2$$ equal in numerical value to $$M_1$$, $$M_2$$, and let X be the gravitating force acting during the displacement $$\delta x$$, and $$X'$$ the magnetic force,

$X\delta x=\delta E,\ X'\delta x=\delta E';$

now $$X$$ and $$X'$$ are equal in numerical value, but of opposite signs; so that

$\delta E=-\delta E'\,$

or

$\begin{array}{ll} E & =C-E\\ \\ & =C-\sum\frac{1}{8\pi}\left(\alpha^{2}+\beta^{2}+\gamma^{2}\right)dV\end{array}$


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Page:United States Statutes at Large Volume 100 Part 5.djvu/155

 PUBLIC LAW 99-647—NOV. 10, 1986

100 STAT. 3629

significant historical and cultural resources of the Corridor and consistent with such protection provide adequate and appropriate outdoor recreational opportunities and economic activities within the Corridor. (2) In determining whether or not to approve the Plan, the Secretary shall consider whether: (A) the Commission has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the plan; (B) he has received adequate assurances from appropriate State officials that the recommended implementation program identified in the plan will be initiated within a reeisonable time after the date of approval of the plan and such program will ensure effective implementation of the State and local aspects of the plan. (3) If the Secretary disapproves the plan, he shall advise the Commission in writing of the reasons therefore and shall indicate any recommendations for revisions. Following completion of any necessary revisions to the plan, the Secretary shall have forty-five days to either approve or disapprove the plan. (c) IMPLEMENTATION OF THE PLAN.—(1) After review and approval of the plan by the Secretary and the Governors of Massachusetts and Rhode Island as provided in subsections (a) and (b) the Commission shall give priority to actions which assist in— (A) preserving and interpreting the historic resources of the valley; (B) completing State and local parks in the Corridor; and (C) supporting public and private efforts in economic revitalization consistent with the goals of the Cultural Heritage Plan. (2) Priority actions to be carried out under paragraph (1) shall State and local include—

(A) assisting the States in appropriate preservation treatment of the Blackstone Canal; (B) assisting the States in designing, establishing, and maintaining visitor centers and other interpretive exhibits in the Corridor; (C) encouraging private landowners adjacent to the canal or river to retain or reestablish, where possible, vegetative, or other buffers as specified in the State park plans; (D) assisting in the enhancement of public awareness of an appreciation for the historical and architectural and geological resources and sites in the Corridor; (E) assisting the State or any local government or any nonprofit organization in the restoration of any historic building in the Corridor; (F) encouraging, by appropriate means, enhanced economic and industrial development in the Corridor consistent with the goals of the plan; (G) encouraging local governments to adopt land use policies consistent with the goals of the State park and the plan and to take actions to implement those policies; and (H) ensuring that clear, consistent signs identifying access points and sites of interest is put in place.

governments.

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 100 STAT. 3630

PUBLIC LAW 99-647—NOV. 10, 1986 TERMINATION OF COMMISSION

SEC. 7. (a) TERMINATION.—Except as provided in subsection (b), the Commission shall terminate on the day occurring five years after the date of the enactment of this Act. 0?) EXTENSION.—The Commission may be extended for a period of not more than five years beginning on the day referred to in subsection (a) if, not later than one hundred and eighty days before such day— (1) the Commission determines such extension is necessary in order to carry out the purpose of this Act; (2) the Commission submits such proposed extension to the Committee on Interior and Insular Affairs of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate; and (3) the Governor of Massachusetts, the Governor of Rhode Island, and the Secretary each approve such extension. DUTIES OF THE SECRETARY

SEC. 8. (a) PURPOSE.—To carry out the purpose of this Act, the Secretary shall assist the Commission in preparing the Cultural Heritage and Land Management Plan. Following approval of the plan as provided under section 6(a) and (b) the Secretary shall assist the Commission to design and fabricate interoretive materials based on the plan including— (A) guide brochures for exploring the heritage story of the valley by automobile, train, bicycle, boat, or foot; (B) visitor displays (including video presentations) at several locations well distributed along the Corridor, including both indoor and outdoor displays; and (C) a mobile display depicting the heritage story to be used in the park, public buildings, libraries, and schools. ft)) TECHNICAL ASSISTANCE.—The Secretary shall, upon request of the Commission, provide technical assistance to the Commission in the preparation of the plan and for implementing the plan as set out in section 6(c). DUTIES OF OTHER FEDERAL ENTITIES

SEC. 9. Any Federal entity conducting or supporting activities directly affecting the Corridor shall— (1) consult with the Secretary and the Commission with respect to such activities; (2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner which the Commission determines will not have an adverse effect on the Corridor. AUTHORIZATION OF APPROPRIATIONS

SEC. 10. There is authorized to be appropriated annually to the Commission $250,000 for the next five fiscal years to carry out the purposes of this Act; except that the Federal contribution to the

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 PUBLIC LAW 99-647—NOV. 10, 1986

100 STAT. 3631

Commission shall not exceed 50 percent of the annual operating costs of the Commission. Approved November 10, 1986.

LEGISLATIVE HISTORY—S. 1374: SENATE REPORTS: No. 99-488 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 8, considered and passed Senate. Oct. 15, considered and passed House, amended. Oct. 17, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 10, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/158

 100 STAT. 3632

PUBLIC LAW 99-648—NOV. 10, 1986

Public Law 99-648 99th Congress An Act Nov. 10, 1986 [S. 2000]

Utilities. Natural gas. becurities. 15 USC 79i.

To clarify the exemptive authority of the Securities and Exchange Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding section 3(a) of the Public Utility Holding Company Act of 1935 (jg U.S.C. 79c(a)), a holding company which has only one subsidiary company that is solely a gas utility company, as defined in said Act, shall be exempt from all provisions, except section 9(a)(2), of said Act if neither the holding company nor any other subsidiary company is a public utility company, the operations of such subsidiary gas utility company do not exceed beyond the State in which it is organized, the subsidiary company was incorporated on June 16, 1986, for the express purpose of operating as a gas utility company, and all of whose voting securities are owned by the holding company, and neither the holding company, nor any of its subsidiary companies are engaged in residential or commercial plumbing, heating, refrigeration, air-conditioning, or in the sale, installation or servicing of such or related equipment. Approved November 10, 1986.

LEGISLATIVE HISTORY—S. 2000: CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and passed Senate. Sept. 29, considered and passed House, amended. Oct. 16, Senate concurred in House amendment.

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Page:Bobbsey Twins at the Seashore.djvu/190

178 "What can we use for cups?" asked Nan.

"Oh, I know," said Harry, "over at the Indian stand they have a lot of gourds, the kind of mock oranges that Mexicans drink out of. I can buy them for five cents each, and after the picnic we can bring them home and hang them up for souvenirs."

"Just the thing!" declared Hal, who had a great regard for things that hang up and look like curios. "I'll go along and help you make the bargain."

When the boys came back they had a dozen of the funny drinking cups.

The long crooked handles were so queer that each person tried to get the cup to his or her mouth in a different way.

"We stopped at the hydrant and washed the gourds thoroughly," declared Hal, "so you need not expect to find any Mexican diamonds in them."

"Or tarantulas," put in Uncle Daniel.

"What's them?" asked Freddie, with an ear for anything that sounded like a menagerie.

"A very bad kind of spider, that sometimes comes in fruit from other countries," explained


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Page:United States Statutes at Large Volume 100 Part 5.djvu/159

 PUBLIC LAW 99-649—NOV. 10, 1986 Public Law 99-649 99th Congress

100 STAT. 3633

An Act

To improve the public health through the prevention of injuries.

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 "Injury Prevention Act of 1986". FINDINGS AND PURPOSES

SEC. 2. (a) The Congress finds and declares that: (1) Injury is one of the principal public health problems in America, and causes over 140,000 deaths per year. (2) Injury rates are particularly high for children and the elderly. (3) Injury causes 50 percent of all deaths for children over the age of one year and two-thirds of all deaths for children over the age of 15 years, and is the leading cause of death for individuals under the age of 44 years. Individuals over the age of 65 years have the highest fatality rates for many injuries. (4) Injury control has not been given high priority in the United States, and the research being conducted on injury control and the number of personnel involved in injury control activities are not adequate. (b) The purposes of this Act are— (1) to promote research into the causes, diagnosis, treatment, prevention, and control of injuries and rehabilitation from injuries; (2) to promote cooperation between specialists in fields involved in injury research; and (3) to promote coordination between Federal, State, and local governments and public and private entities in order to achieve a reduction in deaths from injuries.

Nov. 10, 1986 [8. 2648] Injury Prevention Act of 1986. 42 USC 201 note. 42 USC 280b note.

PUBLIC HEALTH RESEARCH AND ACTIVITIES RELATING TO INJURY CONTROL

SEC 3. Title III of the Public Health Service Act is amended by adding at the end thereof the following new part:

42 USC 241.

"PART J—INJURY CONTROL RESEARCH

"SEC. 391. (a) The Secretary, through the Director of the Centers for Disease Control, shall— "(1) conduct, and give assistance to public and nonprofit private entities, scientific institutions, and individuals engaged in the conduct of, research relating to the causes, mechanisms, prevention, diagnosis, treatment of injuries, and rehabilitation from injuries; and "(2) make grants to public and nonprofit private entities (including academic institutions, hospitals, and laboratories) and individuals for the conduct of such research.

42 USC 280b.

Grants. Schools and colleges. Hospitals.

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Page:A Dynamical Theory of the Electromagnetic Field.pdf/35

Rh where $$\alpha,\beta,\gamma$$ are the components of magnetic intensity. If R be the resultant gravitating force, and R' the resultant magnetic force at a corresponding part of the field,

$R=-R'\ \mathrm{and}\ \alpha^{2}+\beta^{2}+\gamma^{2}=R^{2}=R'^{2}$

Hence

The intrinsic energy of the field of gravitation must therefore be less wherever there is a resultant gravitating force.

As energy is essentially positive, it is impossible for any part of space to have negative intrinsic energy. Hence those parts of space in which there is no resultant force, such as the points of equilibrium in the space between the different bodies of a system, and within the substance of each body, must have an intrinsic energy per unit of volume greater than

$\frac{1}{8\pi}R^{2}$

where R is the greatest possible value of the intensity of gravitating force in any part of the universe.

The assumption, therefore, that gravitation arises from the action of the surrounding medium in the way pointed out, leads to the conclusion that every part of this medium possesses, when undisturbed, an enormous intrinsic energy, and that the presence of dense bodies influences the medium so as to diminish this energy wherever there is a resultant attraction.

As I am unable to understand in what way a medium can possess such properties, I cannot go any further in this direction in searching for the cause of gravitation.

 PART V. — THEORY OF CONDENSERS.

Capacity of a Condenser.

(83) The simplest form of condenser consists of a uniform layer of insulating matter bounded by two conducting surfaces, and its capacity is measured by the quantity of electricity on either surface when the difference of potentials is unity.

Let S be the area of either surface, a the thickness of the dielectric, and $$k$$ its coefficient of electric elasticity; then on one side of the condenser the potential is $$\Psi_{1}$$ and on the other side $$\Psi_{1}+1$$, and within its substance

Since $$\tfrac{d\Psi}{dx}$$ and therefore $$f$$ is zero outside the condenser, the quantity of electricity on its first surface $$=-Sf$$, and on the second $$+Sf$$. The capacity of the condenser is therefore $$Sf=\tfrac{S}{ak}$$ in electromagnetic measure.


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 100 STAT. 3634

PUBLIC LAW 99-649—NOV. 10, 1986

"(b) The Secretary, through the Director of the Centers for Disease Control, shall collect and disseminate, through publications and other appropriate means, information concerning the practical applications of research conducted or assisted under subsection (a). CONTROL ACTIVITIES 42 USC 280b-l. State and local governments.

Contracts. Health and medical care. State and local governments.

"SEC. 392. (a) The Secretary, through the Director of the Centers for Disease Control, shall— "(1) assist States and political subdivisions of States in activities for the prevention of injuries; and "(2) encourage regional activities between States designed to reduce injury rates. "(b) The Secretary, through the Director of the Centers for Disease Control, may— "(1) enter into agreements between the Service and public and private community health agencies which provide for cooperative planning of activities to deal with problems relating to injuries and injury control; and "(2) work in cooperation with Federal, State, and local agencies to promote injury control. STUDY

Reports. Children and youth. 42 USC 280b-2.

"SEC. 393. By January 1, 1989, the Secretary, through the Director of the Centers for Disease Control, shall prepare and transmit to the Congress a report analyzing the incidence and causes of childhood injuries in the United States and containing recommendations for such legislation with respect to injury control as the Secretary considers appropriate. AUTHORIZATIONS OF APPROPRIATIONS

42 USC 280b-3.

"SEC. 394. (a) To carry out sections 391 and 392, there are authorized to be appropriated $10,000,000 for each of the fiscal years 1988, 1989, and 1990. Of the amounts appropriated under this section for any fiscal year, not more than 20 percent may be used for Federal administrative expenses to carry out such section for such fiscal year.". Approved November 10, 1986.

LEGISLATIVE HISTORY—S. 2648: SENATE REPORTS: No. 99-434 (Coram, on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 3, considered and passed Senate. Oct. 16, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/161

 PUBLIC LAW 99-650—NOV. 14, 1986

100 STAT. 3635

Public Law 99-650 99th Congress An Act To establish an independent jury system for the Superior Court of the District of Columbia.

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

This Act may be cited as the "District of Columbia Jury System Act". SEC. 2. ESTABLISHMENT OF DISTRICT OF COLUMBIA JURY SYSTEM.

Chapter 19 of title 11 of the District of Columbia Code is amended to read as follows: "CHAPTER 19. JURIES AND JURORS Sec. 11-1901. 11-1902. 11-1903. 11-1904. 11-1905. 11-1906. 11-1907. 11-1908. 11-1909. 11-1910. 11-1911. 11-1912. 11-1913. 11-1914. 11-1915. 11-1916. 11-1917. 11-1918.

Declaration of policy. Definitions. Prohibition of discrimination. Jury system plan. Master juror list. Qualification of jurors. Summoning of prospective jurors. Exclusion from jury service. Deferral from jury service. Challenging compliance with selection procedures. Length of service. Juror fees. Protection of employment of jurors. Preservation of records. Fraud in the selection process. Grand jury; additional grand jury. Coordination and cooperation of courts. Effect of invalidity.

"CHAPTER 19. JURIES AND JURORS "§ 11-1901. Declaration of policy. "A jury selection system is hereby established for the Superior Court of the District of Columbia. All litigants entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the residents of the District of Columbia. In accordance with the provisions of this chapter, all qualified individuals shall have the opportunity to be considered for service on grand and petit juries in the District of Columbia and shall be obligated to serve as jurors when summoned for that purpose. "§ 11-1902. Definitions. "For purposes of this chapter, the following terms have the following meanings:

Nov. 14, 1986 [H.R. 2946]

District of

Columbia Jury System Act.

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 100 STAT. 3636

PUBLIC LAW 99-650—NOV. 14, 1986

"(1) The term 'Board of Judges' means the chief judge and the associate judges of the Superior Court of the District of Columbia. "(2) The term 'chief judge' means the chief judge of the Superior Court of the District of Columbia. "(3) The term 'clerk' means the clerk of the Superior Court of the District of Columbia or any deputy clerk. .f;. "(4) The term 'Court' means the Superior Court of the District of Columbia and may include any judge of the Court acting in an official capacity. "(5) The term 'juror' means (A) any individual summoned to i; Superior Court for the purpose of serving on a jury; (B) any individual who is on call and available to report to Court to serve on a jury upon request; and (C) any individual whose, service on a jury is temporarily deferred. u "(6) The term 'jury' includes a grand or petit jury "(7) The term 'jury system plan' means the plan adopted by the Board of Judges of the Court, consistent with the provisions of this chapter, to govern the administration of the jury system. "(8) The term 'master juror list' means the consolidated list or lists compiled and maintained by the Board of Judges of the District of Columbia Courts which contains the names of prospective jurors for service in the Superior Court of the District of Columbia. "(9) The term 'random selection' means the selection of names of prospective jurors in a manner immune from the purposeful or inadvertent introduction of subjective bias, so that no recognizable class of the individuals on the list or lists from which the names are being selected can be purposefully or inadvertently included or excluded. "(10) The term 'resident of the District of Columbia' means an individual who has resided or has been domiciled in the District of Columbia for not less than six months. "§ 11-1903. Prohibition of discrimination. "A citizen of the District of Columbia may not be excluded or disqualified from jury service as a grand or petit juror in the District of Columbia on account of race, color, religion, sex, national origin, ancestry, economic status, marital status, age, or (except as provided in this chapter) physical handicap.

87 Stat. 813.

"§ 11-1904. Jury system plan. "(a) The Board of Judges shall adopt, implement, and as necessary modify, a written jury system plan for the random selection and service of grand and petit jurors in the Superior Court consistent with the provisions of this chapter. The adopted plan and any modifications shall be subject to a 30-day period of review by Congress in the manner provided for an act of the Council under section 602(c)(l) of the District of Columbia Self-Government and Governmental Reorganization Act. The plan shall include— "(1) detailed procedures to be followed by the clerk of the Court in the random selection of names from the master juror list; "(2) provisions for a master jury wheel (or other device of like purpose and function) which shall be emptied and refilled at specified intervals, not to exceed 24 months;

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 PUBLIC LAW 99-650—NOV. 14, 1986

100 STAT. 3637

"(3) provisions for the disclosure to the parties and the public of the names of individuals selected for jury service, except in cases in which the chief judge determines that confidentiality is required in the interest of justice; and "(4) procedures to be followed by the clerk of the Court in assigning individuals to grand and petit juries. "(b) The jury system plan shall be administered by the clerk of the Court under the supervision of the Board of Judges. "§ 11-1905. Master juror list. "(a) The jury system plan shall provide for the compilation and maintenance by the Board of Judges of a master juror list from which names of prospective jurors shall be drawn. Such master juror list shall consist of the list of District of Columbia voters, and names from such other appropriate sources and lists as may be provided in the jury system plan. "(b) Notwithstanding any other provision of law, upon request of the Board of Judges any person having custody, possession, or control of any list required under subsection (a) shall provide such list to the Court, at cost, at all reasonable times. Each list shall contain the names and addresses of individuals on the list. Any list obtained by the Court under the provisions of this chapter may be used by the Court only for the selection of jurors pursuant to this chapter. "§11-1906. Qualification of jurors. "(a) The jury system plan shall provide for procedures for the random selection and qualification of grand and petit jurors from the master juror list. Such plan may provide for separate or joint qualification and summoning processes. "(b)(1) An individual shall be qualified to serve as a juror if that individual— "(A) is a resident of the District of Columbia; "(B) is a citizen of the United States; "(C) has attained the age of 18 years; and "(D) is able to read, speak, and understand the English language. "(2) An individual shall not be qualified to serve as a juror— "(A) if determined to be incapable by reason of physical or mental infirmity of rendering satisfactory jury service; or "(B) if that individual has been convicted of a felony or has a pending felony or misdemeanor charge, except that an individual disqualified for jury service by reason of a felony conviction may qualify for jury service not less than one year after the completion of the term of incarceration, probation, or parole following appropriate certification under procedures set out in the jury system plan. "(3) Any determination regarding qualification for jury service shall be made on the basis of information provided in the juror qualification form and any other competent evidence. "(c)(1) The jury system plan shall provide that a juror qualification form be mailed to each prospective juror. The form and content of such juror qualification form shall be determined under the plan. Notarization of the juror qualification form shall not be required. "(2) An individual who fails to return a completed juror qualifica- Law tion form as instructed may be ordered by the Court to appear enforcement before the clerk to fill out such form, to appear before the Court and ^^^ crime.

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 100 STAT. 3638

Law enforcement and crime.

Law enforcement and crime.

PUBLIC LAW 99-650—NOV. 14, 1986

show cause why he or she should not be held in contempt for failure to submit the qualification form, or both. An individual who fails to show good cause for such failure, or who without good cause fails to appear pursuant to a Court order, may be punished by a fine of not more than $300, by imprisonment for not more than seven days, or both. "(d) An individual who intentionally misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror may be punished by a fine of not more than $300, by imprisonment for not more than 90 days, or both. "(a) At such times as are determined under the jury system plan, the Court shall summon or cause to be summoned from among qualified individuals under section 11-1906 sufficient prospective jurors to fulfill requirements for petit and grand jurors for the Court. A summons shall require a prospective juror to report for possible jury service at a specified time and place unless advised otherwise by the Court. Service of prospective jurors may be made personally or by first-class, registered, or certified mail as determined under the plan. "(b) A prospective juror who fails to appear for jury duty may be ordered by the Court to appear and show cause why he or she should not be held in contempt for such failure to appear. A prospective juror who fails to show good cause for such failure, or who without good cause fails to appear pursuant to a Court order, may be punished by a fine of not more than $300, by imprisonment for not more than seven days, or both. "§ 11-1908. Exclusion from jury service. "(a) Subject to the provisions of this section and of sections 11-1903, 11-1906, and 11-1909, no indivdual or class of individuals may be disqualified, excluded, excused, or exempt from service as a juror. "(b) An individual summoned for jury service may be: (1) excluded by the Court on the ground that that individual may be unable to render impartial jury service or that his or her service as a juror would be likely to disrupt the proceedings; (2) excluded upon peremptory challenge as provided by law; (3) excluded pursuant to the procedure specified by law upon a challenge by any party for good cause shown; or (4) excluded upon determination by the Court that his or her service as a juror would be likely to threaten the secrecy of the proceedings, or otherwise adversely affect the integrity of jury deliberations. No person shall be excluded under clause (4) of this subsection unless the judge, in open Court, determines that such exclusion is warranted and that exclusion of that individual will not be inconsistent with sections 11-1901 and 11-1903 of this chapter. "(c) An individual excluded from a jury shall be eligible to sit on another jury if the basis for the initial exclusion would not be relevant to his or her ability to serve on such other jury. The procedures for challenges to and review of exclusions from jury service shall be set forth in the jury system plan. "§ 11-1909. Deferral from jury service. "A qualified prospective juror may be deferred from jury service only upon a showing of undue hardship, extreme inconvenience, public necessity, or temporary physical or mental disability which
 * § 11-1907. Summoning of prospective jurors.

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100 STAT. 3639

would affect service as a juror. The procedure for requesting a deferral from jury service and the procedure and basis for granting a deferral shall be set forth in the master jury plan. "§ 11-1910. Challenging compliance with selection procedures. "(a) A party may challenge the composition of a jury by a motion for appropriate relief. A challenge shall be brought and decided before any individual juror is examined, unless the Court orders otherwise. The motion shall be in writing, supported by affidavit, and shall specify the facts constituting the grounds for the challenge. If the Court so determines, the motion may be decided on the basis of the affidavits filed with the challenge. If the Court orders trial of the challenge, witnesses may be examined on oath by the Court and may be so examined by either party. "(b) If the Court determines that in selecting a grand or petit jury there has been a substantial failure to comply with this chapter, the Court shall stay the proceedings pending the selection of a jury in conformity with this chapter, quash the indictment, or grant other appropriate relief. "(c) The procedures prescribed by this section are the exclusive means by which a person accused of a crime, the District of Columbia, the United States, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter. Nothing in this section shall preclude any person from Discrimination, pursuing any other remedy, civil or criminal, which may be avail- prohibition, able for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin, economic status, marital status, age, or physical handicap in the selection of individuals for service on grand or petit juries. "§ 11-1911. Length of service. "The length of service for grand and petit jurors shall be determined by the master jury plan. In any twenty-four month period an individual shall not be required to serve more than once as a grand or petit juror except as may be necessary by reason of the insufficiency of the master juror list or as ordered by the Court. "§11-1912. Juror fees. "(a) Notwithstanding section 602(a) of the District of Columbia Self-Government and Governmental Reorganization Act, grand and 87 Stat. 813. petit jurors serving in the Superior Court shall receive fees and expenses at rates established by the Council of the District of Columbia, except that such fees and expenses may not exceed the respective rates paid to such jurors in the federal system. "(b) A petit or grand juror receiving benefits under the laws of employment security of the District of Columbia shall not lose such benefits on account of performance of juror service. "(c) Employees of the United States or of any State or local State and local government who serve as grand or petit jurors and who continue to governments, receive regular compensation during the period of jury service shall not be compensated for jury service. Amounts representing reimbursement of expenses incurred in connection with jury service may be paid to such employees to the extent provided in the jury system plan.

71-19A 0 - 89 - 7: a.. 3 Part5

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