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 98 STAT. 2184

U.S. Secret Service, investigations.

PUBLIC LAW 98-473—OCT. 12, 1984

"(3) a fine of not more than the greater of $100,000 or twice the value obtained by the offense or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this paragraph. "(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. "(e) As used in this section— "(1) the term 'access device' means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument); "(2) the term 'counterfeit access device' means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device; "(3) the term 'unauthorized access device' means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud; "(4) the term 'produce' includes design, alter, authenticate, duplicate, or assemble; "(5) the term 'traffic' means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of; and "(6) the term 'device-making equipment' means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device. "(f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970) 18 U.S.C. note prec. 3481).". (b) The table of sections at the beginning of chapter 47 of title 18 of the United States Code is amended by adding at the end the following new item: "1029. Fraud and related activity in connection with access devices.".

Report. 18 USC 1029 note.

SEC. 1603. The Attorney General shall report to the Congress annually, during the first three years following the date of the enactment of this joint resolution, concerning prosecutions under the section of title 18 of the United States Code added by this chapter. CHAPTER XVII—SALARIES OF UNITED STATES ATTORNEYS SEC. 1701. (a) Section 548 of title 28, United States Code, is amended to read as follows:

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text: Author:Theophil Mitchell Prudden

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

title: Author:Theophil Mitchell Prudden


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Page:United States Statutes at Large Volume 98 Part 2.djvu/1025

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2185

"§ 548. Salaries "Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 543 of this title at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5, United States Code.". (b) Section 5315 of title 5, United States Code, is amended by striking out the items relating to the United States Attorney for the Southern District of New York, the United States Attorney for the District of Columbia, the United States Attorney for the Northern District of Illinois, and the United States Attorney for the Central District of California. CHAPTER XVIII—ARMED CAREER CRIMINAL SEC. 1801. This chapter may be cited as the "Armed Career Criminal Act of 1984". SEC. 1802. Section 1202(a) of title VII of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. App. 1202(a)) is amended by adding at the end "In the case of a person who receives, possesses, or transports in commerce or affecting commerce any firearm and who has three previous convictions by any court referred to in paragraph (1) of this subsection for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under this subsection, and such person shall not be eligible for parole with respect to the sentence imposed under this subsection.". SEC. 1803. Section 1202(c) of title VII of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. App. 1202(c)) is amended— (1) by striking out the period at the end of paragraph (7) and inserting a semicolon in lieu thereof; and (2) by adding at the end the following: "(8) 'robbery' means any felony consisting of the taking of the property of another from the person or presence of another by force or violence, or by threatening or placing another person in fear that any person will imminently be subjected to bodily injury; and "(9) 'burglary' means any felony consisting of entering or remaining surreptitiously within a building that is property of another with intent to engage in conduct constituting a Federal or State offense.". CHAPTER XIX—CRIMINAL JUSTICE ACT REVISION SEC. 1901. This chapter may be cited as the "Criminal Justice Act Revision of 1984". Subsection (d) of section 3006A of title 18, United States Code, is amended— (1) by striking out "$30" in paragraph (1) and inserting in lieu thereof "$60";

31-194

0 - 86 - 33: QL. 3 Part 2

28 USC 548. 5 USC 5315-5317. 28 USC 543.

Armed eareer eriminal Act of 1984. 18 USC app. 1201 note. Penalty.

eriminal Justice Act Revision of 1984. 18 USC 3006A note.

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 98 STAT. 2186

PUBLIC LAW 98-473—OCT. 12, 1984 (2) by striking out "$20" in paragraph (1) and inserting in lieu thereof "$40"; (3) by striking out ", or such other hourly rate, fixed by the Judicial Council of the Circuit, not to exceed the minimum hourly scale established by a bar association for similar services rendered in the district" in paragraph (1); (4) by striking out "$1,000" each place it appears in paragraph (2) and inserting in lieu thereof "$2,000"; (5) by striking out "$400" in paragraph (2) and inserting in lieu thereof "$800"; and (6) by striking out "$250" in paragraph (2) and inserting in lieu thereof "$500". CHAPTER XX—TERRORISM

Act for the Prevention and Punishment of the Crime of Hostage-Taking. 18 USC 1201 note. 18 USC 1203

PART A—HOSTAGE TAKING

SEC. 2001. This part may be cited as the "Act for the Prevention and Punishment of the Crime of Hostage-Taking". SEC. 2002. (a) Chapter 55 of title 18 of the United States Code is amended by adding at the end the following new section: "§ 1203. Hostage taking "(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts to do so, shall be punished by imprisonment for any term of years or for life. "OaXD It is not an offense under this section if the conduct required for the offense occurred outside the United States unless— "(A) the offender or the person seized or detained is a national of the United States; "(B) the offender is found in the United States; or "(C) the governmental organization sought to be compelled is the Government of the United States. "(2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States. "(CJ) As used in this section, the term 'national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).". (b) The table of sections at the beginning of chapter 55 of title 18 of the United States Code is amended by adding at the end the following new item: "1203. Hostage taking.".

Effective date. 18 USC 1203 note.

Sec. 2003. This part and the amendments made by this part shall take effect on the later of— (1) the date of the enactment of this joint resolution; or (2) the date the International Convention Against the Taking of Hostages has come into force and the United States has become a party to that convention.

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2187

PART B—AIRCRAFT SABOTAGE

Aircraft Sabotage Act.

SHORT TITLE

SEC. 2011. This part may be cited as the "Aircraft Sabotage Act".

18 USC 31 note.

STATEMENT OF FINDINGS AND PURPOSE

SEC. 2012. The Congress hereby finds that— (1) the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (ratified by the United States on November 1, 1972) requires each contracting State to establish its jurisdiction over certain offenses affecting the safety of civil aviation; (2) such offenses place innocent lives in jeopardy, endanger national security, affect domestic tranquility, gravely affect interstate and foreign commerce, and are offenses against the law of nations; and (3) the purpose of this subtitle is to implement fully the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and to expand the protection accorded to aircraft and related facilities. SEC. 2013. (a) Section 31 of title 18, United States Code, is amended— (1) in the first paragraph by— (A) striking out "and" before the term "spare part" and inserting "and 'special aircraft jurisdiction of the United States' " after the term "spare part"; and (B) striking out "Civil Aeronautics Act of 1938" and inserting in lieu thereof "Federal Aviation Act of 1958"; (2) by striking out "and" at the end of the third undesignated paragraph thereof; (3) by striking the period at the end thereof and inserting in lieu thereof ";"; and (4) by adding at the end thereof the following new paragraphs: " 'In flight' means any time from the moment all the external doors of an aircraft are closed following embarkation until the moment when any such door in opened for disembarkation. In the case of a forced landing the flight shall be deemed to continue until competent authorities take over the responsibility for the aircraft and the persons and property on board; and " 'In service' means any time from the beginning of preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight.". (b) Section 32 of title 18, United States Code, is amended to read as follows: "§ 32. Destruction of aircraft or aircraft facilities "(a) Whoever willfully— "(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; "(2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or

Safety. 18 USC 31 note. 24 UST 564.

24 UST 564. Ante, p. 2141.

Penalties.

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text:
Author:Mary Corinna Putnam Jacobi

Works

 * Common-sense Applied to Women's Suffrage (1915)
 * The question of rest for women during menstruation (1878)
 * Shall women practice medicine? (1882)
 * Essays on hysteria, brain-tumor, and some other cases of nervous disease (1888)
 * Remarks upon empyema (1890)
 * Infant diet; a lecture (1891)
 * An international system of electro-therapeutics (1894)
 * Paris in 1870: letters of Mary Corinna Putnam (1917)

Works about Jacobi

 * Mary Putnam Jacobi, M. D., a pathfinder in medicine (1925)
 * Mary Putnam Jacobi, M. D., a pathfinder in medicine (1925)
 * Mary Putnam Jacobi, M. D., a pathfinder in medicine (1925)

title: Author:Mary Corinna Putnam Jacobi


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1028

 98 STAT. 2188

PUBLIC LAW 98-473—OCT. 12, 1984

causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft; "(3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or intefering is likely to endanger the safety of any such aircraft in flight; "(4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft; "(5) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft; "(6) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or "(7) attempts to do anything prohibited under paragraphs (1) through (6) of this subsection; shall be fined not more than $100,000 or imprisoned not more than twenty years or both. "(b) Whoever willfully— "(1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft; "(2) destroys a civil aircraft registered in a country pther than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; "(3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; or "(4) attempts to commit an offense described in paragraphs (1) through (3) of this subsection; shall, if the offender is later found in the United States, be fined not more than $100,000 or imprisoned not more than twenty years, or both. "(c) Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (5) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be fined not more than $25,000 or imprisoned not more than five years, or both.".

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 PUBLIC LAW 98-473—OCT. 12, 1984 (c) Section 101(38)(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(38)(d), relating to the definition of the term "special aircraft jurisdiction of the United States", is amended— (1) in clause (i), by striking out "; or" and inserting in lieu thereof a semicolon; (2) at the end of clause (ii), by striking out "and" and inserting in lieu thereof "or;"; and (3) by adding at the end thereof the following new clause: "(iii) regarding which an offense as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, September 23, 1971) is committed if the aircraft lands in the United States with an alleged offender still on board; and". SEC. 2014. (a)(1) Section 901 of the Federal Aviation Act of 1958 (49 U.S.C. 1471) is amended by adding at the end thereof the following new subsections: "(c) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false and under circumstances in which such information may reasonably be believed, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by subsection (i), (j), (k), or (1) of section 902 of this Act, shall be subject to a civil penalty of not more than $10,000 which shall be recoverable in a civil action brought in the name of the United States. "(d) Except for law enforcement officers of any municipal or State government or officers or employees of the Federal Government, who are authorized or required within their official capacities to carry arms, or other persons who may be so authorized under regulations issued by the Administrator, whoever while aboard, or while attempting to board, any aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about his person or his property a concealed deadly or dangerous weapon, which is, or would be, accessible to such person in flight shall be subject to a civil penalty of not more than $10,000 which shall be recoverable in a civil action brought in the name of the United States.". (2) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading

98 STAT. 2189 49 USC app. lOl.

24 UST 564. Penalties. 49 USC app. 1471.

"Sec. 901. Civil penalties."

is amended by inserting at the end thereof: "(c) Conveying false information. "(d) Concealed weapons.".

(b) Section 901(a)(2) of the Federal Aviation Act of 1958 (49 U.S.C. 1471(a)(2)) is amended by inserting "penalties provided for in subsec- 49 USC app. tions (c) and (d) of this section or" after "Secretary of Transportation 1471. in the case of. (c)(l) Section 902(1)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 1472(1)(1) is amended by striking out "$1,000" and inserting in 49 USC app. lieu thereof "$10,000". 1472. (2) Section 902(1)(2) of the Federal Aviation Act of 1958 (49 U.S.C. 1472(1)(2)) is amended by striking out "$5,000" and inserting in lieu 49 USC app. thereof "$25,000". 1472.

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 98 STAT. 2190 Penalties. 49 USC app. 1472.

PUBLIC LAW 98-473—OCT. 12, 1984 (d)(1) Section 902(m) of the Federal Aviation Act of 1958 (49 U.S.C. 1472(m)) is amended to read as follows: " F A L S E INFORMATION AND THREATS

"(m)(l) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false and under circumstances in which such information may reasonably be believed, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a felony prohibited by subsection (i), (j), (k), or (1) of this section, shall be fined not more than $25,000 or imprisoned not more than five years, or both. "(2) Whoever imparts or conveys or causes to be imparted or conveyed any threat to do an act which would be a felony prohibited by subsection (i), (j), (k), or (1) of this section with an apparent determination and will to carry the threat into execution shall be fined not more than $25,000 or imprisoned not more than five years, or both.". (2) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 902. eriminal penalties."

is amended by striking out "(m) False information."

and inserting in lieu thereof "(m) False information and threats.". Effective date. 18 USC 31 note.

SEC. 2015. This part shall become effective on the date of the enactment of this joint resolution.

Counterfeit Access Device and eomputer Fraud and Abuse Act of 1984. 18 USC 1001 note.

CHAPTER XXI—ACCESS DEVICES AND COMPUTERS

Penalties. 18 USC 1030.

42 USC 2014.

SEC. 2101. This chapter may be cited as the "Counterfeit Access Device and Computer Fraud and Abuse Act of 1984". SEC. 2102. (a) Chapter 47 of title 18 of the United States Code as amended by chapter XVI of this joint resolution is further amended by adding at the end thereof the following: "§ 1030. Fraud and related activity in connection with computers "(a) Whoever— "(1) knowingly accesses a computer without authorization, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend, and by means of such conduct obtains information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph r. of section 11 of the Atomic Energy Act of 1954, with the intent or reason to believe that such information so obtained is to be used to the injury of the United States, or to the advantage of any foreign nation; "(2) knowingly accesses a computer without authorization, or having accessed a computer with authorization, uses the oppor-

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2191

tunity such access provides for purposes to which such authorization does not extend, and thereby obtains information contained in a financial record of a financial institution, as such terms are defined in the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or "(3) knowingly accesses a computer without authorization, or having accessed a computer with authorization, uses the opportunity such access provides for purposes to which such authorization does not extend, and by means of such conduct knowingly uses, modifies, destroys, or discloses information in, or prevents authorized use of, such computer, if such computer is operated for or on behalf of the Government of the United States and such conduct affects such operation; shall be punished as provided in subsection (c) of this section. It is not an offense under paragraph (2) or (3) of this subsection in the case of a person having accessed a computer with authorization and using the opportunity such access provides for purposes to which such access does not extend, if the using of such opportunity consists only of the use of the computer. "(b)(l) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section. "(2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both. "(c) The punishment for an offense under subsection (a) or (b)(1) of this section is— "(I)(A) a fine of not more than the greater of $10,000 or twice the value obtained by the offense or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and "(B) a fine of not more than the greater of $100,000 or twice the value obtained by the offense or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and "(2)(A) a fine of not more than the greater of $5,000 or twice the value obtained or loss created by the offense or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2) or (a)(S) of this section which does not occur after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and "(B) a fine of not more than the greater of $10,000 or twice the value obtained or loss created by the offense or imprisonment for not than ten years, or both, in the ceise of an offense under subsection (a)(2) or (a)(3) of this section which occurs after

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1032

 98 STAT. 2192

U.S. Secret Service, investigations.

PUBLIC LAW 98-473—OCT. 12, 1984

a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph. "(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. "(e) As used in this section, the term 'computer' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.". (b) The table of sections at the beginning of chapter 47 of title 18 of the United States Code is amended by adding at the end the following new items: "1030. Fraud and related activity in connection with computers.".

Report. 18 USC 1030 note.

SEC. 2103. The Attorney General shall report to the Congress annually, during the first three years following the date of the enactment of this joint resolution, concerning prosecutions under the sections of title 18 of the United States Code added by this chapter. CHAPTER XXII

State and local governments. Labor relations. 29 USC 524a.

SEC. 2201. Notwithstanding this or any other Act regulating labormanagement relations, each State shall have the authority to enact and enforce, as part of a comprehensive statutory system to eliminate the threat of pervasive racketeering activity in an industry that is, or over time has been, affected by such activity, a provision of law that applies equally to employers, employees, and collective bargaining representatives, which provision of law governs service in any position in a local labor organization which acts or seeks to act in that State as a collective bargaining representative pursuant to the National Labor Relations Act, in the industry that is subject to that program. CHAPTER XXIII

29 USC 167.

Penalties. Ante, p. 2040.

21 USC 853.

SEC. 2301. (a) Subsection (a) of section 1963 of title 18 of the United States Code, as amended by chapter III of this title, is further amended by adding at the end the following: "In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds." (b) Section 1963 of title 18 of the United States Code, as amended by chapter III of this title, is further amended by striking out subsection (d). (c) Section 1963(m)(l) of title 18 of the United States Code, as amended by chapter III of this title, is further amended by striking out "for at least seven successive court days". (d) Section 413(a) of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended by chapter III of this title, is further amended by adding at the end the following: "In lieu of a fine otherwise authorized by this part, a defendant who

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2193

derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds." (e) Section 413 of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended by chapter III of this title, is further amended— (1) by striking out subsection (d); and (2) by redesignating subsections (e), (f), (g), (h), (i), (1), (m), (n), (o), and (p) as subsections (d), (e), (0, (g), (h), (i), (j), (h), (1), (m), (n), and (o) respectively. (f) Section 413(n) of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended by chapter III of this title, and as so redesignated by this chapter, is further amended by striking out "for at least seven successive court days". SEC. 2302. Part D of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended by chapter III of this title and this chapter, is further amended by adding at the end the following new section:

Ante, p. 2040. 21 USC 853.

ALTERNATIVE FINE

"SEC. 415. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.'. SEC. 2303. (a) Section 524 of title 28 of the United States Code, as amended by chapter III of this title, is further amended in subsection (c)(l)— (1) by striking out "and" at the end of subparagraph (c); (2) by striking out the period at the end of subparagraph (1) and inserting a semicolon in lieu thereof; and (3) by inserting after subparagraph (D) the following: "(E) for equipping for law enforcement functions of forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the Drug Enforcement Administration or the Immigration and Naturalization Service; and "(F) for purchase of evidence of any violation of the Controlled Substances Act or the Controlled Substances Import and Export Act.". (b) Section 524 of title 28 of the United States Code, as amended by chapter III of this title,, is further amended in subsection (c)— (1) by inserting after paragraph (2) the following new paragraph: "(3) Any amount under subparagraph (F) of subsection (c)(1) of this section shall be paid at the discretion of the Attorney General or his delegate, except that the authority to pay $100,000 or more may be delegated only to the respective head of the agency involved."; and (2) by redesignating paragraphs (3) through (8) as (4) through (9) respectivelv. SEC. 2304. Section 613(a) of the Tariff Act of 1930, as amended by chapter III of this title, is further amended— (1) by striking out "and" at the end of subsection (a)(D; (2) by striking out the period at the end of subsection (a)(2) and inserting a semicolon in lieu thereof; (3) by inserting after paragraph (2) of subsection (a) the following: "(3) for equipping for law enforcement functions of forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the United States Customs Service; and

Ante, p. 2044. 21 USC 855. Ante, p. 2052.

Drugs and drug abuse. Hazardous materials. Imports and exports. Transportation.

Ante, p. 2054.

Hazardous materials. Imports and exports. Transportation.

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 98 STAT. 2194

31 USC 5301 et seq.

President's Emergency Food Assistance Act of 1984. Third world nations. 7 USC 1728 note.

PUBLIC LAW 98-473—OCT. 12, 1984

"(4) purchases by the United States Customs Service for evidence (A) of smuggling of controlled substances, and (B) of violations of the currency and foreign transaction reporting requirements of chapter 53 of title 31, United States Code, if there is a substantial probability that the violation of these requirements are related to the smuggling of controlled substances"; (4) by inserting after subsection (a) the following: "(b) If the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, and such value is less than $1,000, such officer may proceed forthwith to order destruction or other appropriate disposition of such property, under regulations prescribed by the Secretary of the Treasury. "(c) Amounts under subsection (a) of this section shall be available, at the discretion of the Commissioner of Customs, to reimburse the applicable appropriation for expenses incurred by the Coast Guard for a purpose specified in such subsection."; and (5) by redesignating subsections (b) through (f) as subsections (d) through (h) respectively. TITLE III—PRESIDENT'S EMERGENCY FOOD ASSISTANCE ACT OF 1984 SHORT TITLE

SEC. 301. This title may be cited as the "President's Emergency Food Assistance Act of 1984". PART A—PRESIDENT'S EMERGENCY FUND FINDINGS

7 USC 1728.

SEC. 302. The Congress finds that— (1) acute food crises continue to cause loss of life, severe malnutrition, and general human suffering in many areas of the Third World, especially in sub-Saharan Africa; (2) the United States continues to respond to these needs, as a reflection of its humanitarian concern for the people of the Third World, with emergency food and other necessary assistance to alleviate the suffering of those affected by severe food shortages; (3) the timely provision of food and other necessary assistance to those in need is of paramount importance if the worst effects of such food crises are to be mitigated; and (4) the ability of the United States to provide food and other necessary assistance on a timely basis, and to ensure that such assistance is distributed to those in need, should be enhanced in order to better enable the United States to help those affected by severe food shortages. ESTABLISHMENT OF THE FUND

President's Emergency Food Assistance Fund. 7 USC 1728a.

SEC. 303. (a) There is hereby established the President's Emergency Food Assistance Fund (hereafter in this title referred to as the "Fund"). Whenever the President determines it to be in the national interest of the United States, he is authorized to furnish, in accordance with the provisions of this part, and on such terms and conditions as he may determine, assistance from the Fund for the

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98 STAT. 2195

purpose of alleviating the human suffering of peoples outside the United States caused by acute food shortages. Such assistance may be provided through such governments or other entities, private or public, including intergovernmental and multilateral organizations, as the President deems appropriate. (b) Because the effects of severe food shortages will vary with the country or region, assistance to alleviate human suffering may include the provision of food assistance or such activities as the provision of seed, animal fodder, animal vaccines, and transportation (including inland transportation) and distribution services. (c) There are authorized to be appropriated to the President $50,000,000 each for fiscal year 1985 and fiscal year 1986 to carry out the purposes of this title, to remain available until expanded. (d) The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into transactions with, any individual, corporation, or other body of persons, government or government agency, whether within or without the United States, and international and intergovernmental organizations in furtherance of the purposes and within the limitations of this title.

Appropriations authorization. President of U.S. Grants. Contracts.

REPORTS

SEC. 304. Not later than December 31 of each year, the President shall submit a comprehensive report to the appropriate committees of Congress detailing all activities carried out under the authority of this title during the previous fiscal year.

President of U.S. 7 USC 1728b.

PART B — F O O D FOR PEACE PROGRAM TRANSPORTATION AND STORAGE

SEC. 305. Section 203 of the Agricultural Trade Development and Assistance Act of 1954 is amended by inserting after the semicolon at the end of clause (4) the following: "in the case of commodities for urgent and extraordinary relief requirements, including prepositioned commodities, transportation costs from designated points of entry or ports of entry abroad to storage and distribution sites and associated storage and distribution costs;".

7 USC 1723.

TITLE IV SEC. 401. (a)(1) Notwithstanding any provision of title XX of the Social Security Act, the amount applicable under section 2003(c)(3) of such Act shall be $2,725,000,000 for fiscal year 1985. Of such amount, $25,000,000 shall be allotted and used in accordance with this section. (2) In addition to any other amounts appropriated under this resolution or any Act, there are hereby appropriated $25,000,000 for fiscal year 1985, for carrying out title XX of the Social Security Act, to be used in accordance with the provisions of this section. (3) Amounts appropriated under this section shall remain available until September 30, 1985, without regard to section 102 of this resolution. (4) Except as otherwise provided in this section, each State's allotment of the additional amounts authorized and appropriated under this section shall be the same proportion of $25,000,000 as such State's proportional allotment of other title XX funds for fiscal

State and local governments. Appropriations authorizations. 42 USC 1397b note. 42 USC 1397. 97 Stat. 861. 42 USC 1397.

Ante, p. 1852.

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 98 STAT. 2196 42 USC 1397b.

Children and youth.

42 USC 1397.

Reports. Audits. 42 USC 1397e. Children and youth.

Effective date.

86 Stat. 1109.

PUBLIC LAW 98-473—OCT. 12, 1984

year 1985, as determined under section 2003 of the Social Security Act. (b) The additional $25,000,000 made available to the States for fiscal year 1985 pursuant to subsection (a) shall— (1) be used only for the purpose of providing training and retraining (including training in the prevention of child abuse in child care settings) to providers of licensed or registered child care services, operators and staffs (including those receiving inservice training) of facilities where licensed or registered child care services are provided, State licensing and enforcement officials, and parents; (2) be expended only to supplement the level of any funds that would, in the absence of the additional funds appropriated under this section, be available from other sources (including any amounts available under title XX of the Social Security Act without regard to this section) for the purpose specified in paragraph (1), and shall in no case supplant such funds from other sources or reduce the level thereof; and (3) be separately accounted for in the reports and audits provided for in section 2006 of the Social Security Act. (c)(1) In order to provide guidance and assistance to the States in utilizing funds allocated pursuant to title XX of the Social Security Act, not later than 3 months after the date of enactment of this section, the Secretary shall draft and distribute to the States for their consideration, a Model Child Care Standards Act containing— (A) minimum licensing or registration standards for day care centers, group homes, and family day care homes regarding matters including— (i) the training, development, supervision, and evaluation of staff; (ii) staff qualification requirements, by job classification; (iii) staff-child ratios; (iv) probation periods for new staff; (v) employment history checks for staff; and (vi) parent visitation; and (2)(A) Any State receiving an allotment under such title from the funds made available as a result of subsection (a) shall have in effect, not later than September 30, 1985— (i) procedures, established by State law or regulation, to provide for employment history and background checks; and (ii) provisions of State law, enacted in accordance with the provisions of Public Law 92-544 (86 Stat. 115) requiring nationwide criminal record checks for all operators, staff or employees, or prospective operators, staff or employees of child care facilities (including any facility or program having primary custody of children for 20 hours or more per week), juvenile detention, correction or treatment facilities, with the objective of protecting the children involved and promoting such children's safety and welfare while receiving service through such facilities or programs. (B) In the case of any State not meeting the requirements of subparagraph (A) by September 30, 1985, such State's allotment for fiscal year 1986 or 1987 shall be reduced in the aggregate by an amount equal to one-half of the amount by which such State's allotment under such title was increased for fiscal year 1985 as a result of subsection (a).

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 PUBLIC LAW 98-473—OCT. 12, 1984 (d) The determination and promulgation required by section 2003(b) of the Social Security Act with respect to the fiscal year 1985 (to take into account the preceding provisions of this section) shall be made as soon as possible after the date of the enactment of this Act. SEC. 402. (a) The Congress finds that— (1) disturbing increases have occurred in recent years in the numbers of younger Americans who are abused; (2) many children who run away from home, who fall prey to pornography and prostitution, who suffer from a dependency on alcohol and drugs, and who become juvenile offenders, have been victims of child abuse; (3) research has shown that abuse tends to repeat itself, and many times parents who abuse their children were once victims themselves; (4) given the increased demand for treatment and crisis intervention in child abuse and neglect cases. Federal funds distributed to States are most often used for treatment and little is left for prevention efforts; (5) since 1980 some States have begun to recognize the critical need for prevention efforts, and trust funds (generated by surcharges on marriage licenses, birth certificates or divorce actions, or by special checkoffs on income tax returns) are being established to allow such States to pay for child abuse and neglect prevention activities despite depressed State economies and budget cutbacks; (6) in recognition of the increased cases of child abuse and neglect, other States have established significant funds for child abuse and neglect prevention activities through direct appropriations; and (7) the Nation cannot afford to ignore the importance of preventing child abuse. (b) It is the purpose of sections 402 to 409, by providing for Federal challenge grants, to encourage States to establish and maintain trust funds or other funding mechanisms, including appropriations to support child abuse and neglect prevention activities.

98 STAT. 2197

42 USC 1397b.

Children and youth. 42 USC 5116.

DEFINITIONS

SEC. 403. As used in sections 402 to 409— (1) the term "Secretary" means the Secretary of Health and Human Services; and (2) the term "State" means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

42 USC 5116a.

GRANTS AUTHORIZED

SEC. 404. (a) The Secretary is authorized, in accordance with the provisions of sections 402 to 409, to make grants to eligible States. (b) Payments under sections 402 to 409 may be made in any fiscal year following the fiscal year in which any State has collected funds for child abuse and neglect prevention activities through a trust fund or other funding mechanism. (c) There is authorized to be appropriated such sums as are necessary to carry out the provisions of sections 402 to 409 for the fiscal year 1985 and for each of the four succeeding fiscal years.

State and local governments. 42 USC 5116b.

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 98 STAT. 2198

PUBLIC LAW 98-473—OCT. 12, 1984 STATE ELIGIBILITY

Grants. 42 USC 5116c.

SEC. 405. Any State is eligible for a grant under sections 402 to 409 for any fiscal year if such State has established or maintained in the previous fiscal year a trust fund or other funding mechanism, including appropriations, which is available only for child abuse and neglect prevention activities, including activities which— (1) provide statewide educational and public informational seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect; (2) encourage professional persons and groups to recognize and deal with problems of child abuse and neglect; (3) make information about the problems of child abuse and neglect available to the public and organizations and agencies which deal with problems of child abuse and neglect; and (4) encourage the development of community prevention programs, including— (A) community-based educational programs on parenting, prenatal care, perinatal bonding, child development, basic child care, care of children with special needs, coping with family stress, personal safety and sexual abuse prevention training for children, and self-care training for latchkey children; and (B) community-based programs relating to crisis care, aid to parents, child-abuse counseling, peer support groups for abusive or potentially abusive parents and their children, lay health visitors, respite or crisis child care, and early identification of families where the potential for child abuse and neglect exists. LIMITATIONS

Grants. State and local 42^US(riii*6d

42 USC 5101.

SEC. 406. (a)(1) Any grant made to any eligible State under sections 402 to 409 in any fiscal year shall be equal to the lesser of— ^^^ ^^ percent of the total amount made available by such State for child abuse and neglect prevention activities and collected in the previous fiscal year in a trust fund (excluding any interest income from the principal of such fund) or through any other funding mechanism, including appropriations; or (B) an amount equal to 50 cents times the number of children residing in such State according to the most current data available to the Secretary. (2) For purposes of clause (B) of paragraph (1), the term "children" means individuals who have not attained the age of majority, as defined by such State. (b)(1) No grant may be made to any eligible State unless an application is made to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary deems essential to carry out the purposes and provisions of sections 402 to 409. Each application shall— (A) specify that the trust fund advisory board, or in States without a trust fund mechanism, the State liaison agency to the National Center on Child Abuse and Neglect, established by section 2 of the Child Abuse Prevention and Treatment Act, will be responsible for administering and awarding of the Federal grants to eligible recipients carrying out activities described in section 5;

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98 STAT. 2199

(B) provide assurances that any assistance received under sections 402 to 409 shall not be used as a source for non-Federal funds for the matching requirements of any other provision of Federal law; and (C) provide for keeping records and making such reasonable reports as the Secretary deems essential to carry out the purposes and provisions of sections 402 to 409. (2) The Secretary shall approve any application that meets the requirements of this subsection, and the Secretary shall not disapprove any such application except after reasonable notice of the Secretary's intention to disapprove and opportunity for a hearing with respect to the disapproval.

Records. Reports.

WITHHOLDING

SEC. 407. Whenever the Secretary, after reasonable notice to any State and opportunity for hearing within the State, finds that there has been a failure to comply with any provision of sections 402 to 409, the Secretary shall notify the State that further payments will not be made under sections 402 to 409 until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no further payments shall be made under sections 402 to 409.

State and local governments. 42 USC 5116e.

AUDIT

SEC. 408. The Comptroller General of the United States, and any of his duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any applicant and any other entity receiving assistance under sections 402 to 409 that are pertinent to the sums received and disbursed under sections 402 to 409.

42 USC 5116f.

REPORT

SEC. 409. The Secretary shall prepare and submit to the Congress at the end of each year a compilation and analysis of any reports submitted by eligible States under section 6(b)(1)(C). Approved October 12, 1984.

LEGISLATIVE HISTORY—H.J. Res. 648 (S.J. Res. 356): HOUSE REPORTS: No. 98-1030 (Comm. on Appropriations) and No. 98-1159 (Comm. of eonference). SENATE REPORT No. 98-634 accompanying S.J. Res. 356 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 25, considered and passed House. Sept. 27-29, Oct. 1-4, considered and passed Senate, amended. Oct. 10, House agreed to conference report; receded from its disagreement and concurred in a certain Senate amendment. Oct. 11, Senate agreed to conference report.

42 USC 5116g.

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 98 STAT. 2200

PUBLIC LAW 98-474—OCT. 12, 1984

Public Law 98-474 98th Congress An Act Oct. 12, 1984 [H.R. 3979]

To establish a national program to increase the availability of information on the health consequences of smoking, to amend the Federal Cigarette Labeling and Advertising Act to change the label requirements for cigarettes, and for other purposes.

Comprehensive

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

Smoking Education Act.

SHORT TITLE

15 USC 1331 note.

SECTION 1. This Act may be cited as the "Comprehensive Smoking Education Act". PURPOSE

15 USC 1331 note.

SEC. 2. It is the purpose of this Act to provide a new strategy tor making Americans more aware of any adverse health effects of smoking, to assure the timely and widespread dissemination of research findings and to enable individuals to make informed decisions about smoking. SMOKING R E S E A R C H, EDUCATION, AND INFORMATION

15 USC 1341.

SEC. 3. (a) The Secretary of Health and Human Services (hereinafter in this section referred to as the "Secretary") shall establish and carry out a program to inform the public of any dangers to human health presented by cigarette smoking. In canning out such program, the Secretary shall— (1) conduct and support research on the effect of cigarette smoking on human health and develop materials for informing the public of such effect; (2) coordinate all research and educational programs and other activities within the Department of Health and Human Services (hereinafter in this section referred to as the "Department") which relate to the effect of cigarette smoking on human health and coordinate, through the Interagency Committee on Smoking and Health (established under subsection (b)), such activities with similar activities of other Federal agencies and of private agencies; (3) establish and maintain a liaison with appropriate private entities, other Federal agencies, and State and local public agencies respecting activities relating to the effect of cigarette smoking on human health; (4) collect, analyze, and disseminate (through publications, bibliographies, and otherwise) information, studies, and other data relating to the effect of cigarette smoking on human health, and develop standards, criteria, and methodologies for improved information programs related to smoking and health; (5) compile and make available information on State and local laws relating to the use and consumption of cigarettes; and

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 PUBLIC LAW 98-474—OCT. 12, 1984

98 STAT. 2201

(6) undertake any other additional information and research activities which the Secretary determines necessary and appropriate to carry out this section. (b)(1) To carry out the activities described in paragraphs (2) and (3) of subsection (a) there is estabhshed an Interagency Committee on Smoking and Health. The Committee shall be composed of— (A) members appointed by the Secretary from appropriate institutes and agencies of the Department, which may include the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Child Health and Human Development, the National Institute on Drug Abuse, the Health Resources and Services Administration, and the Centers for Disease Control; (B) at least one member appointed from the Federal Trade Commission, the Department of Education, the Department of Labor, and any other Federal agency designated by the Secretary, the appointment of whom shall be made by the head of the entity from which the member is appointed; and (C) five members appointed by the Secretary from physicians and scientists who represent private entities involved in informing the public about the health effects of smoking. The Secretary shall designate the chairman of the Committee. (2) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistance, in the manner provided by sections 5702 and 5703 of title 5 of the United States Code. (3) The Secretary shall make available to the Committee such staff, information, and other assistance as it may require to carry out its activities effectively. (c) The Secretary shall transmit a report to Congress not later than January 1, 1985, and biennially thereafter which shall contain— (1) an overview and assessment of Federal activities undertaken to inform the public of the health consequences of smoking and the extent of public knowledge of such consequences, (2) a description of the Secretary's and Committee's activities under subsection (a), (3) information regarding the activities of the private sector taken in response to the effects of smoking on health, and (4) such recommendations as the Secretary may consider appropriate. LABELS FOR CIGARETTES AND CIGARETTE ADVERTISING

SEC. 4. (a) Section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) is amended to read as follows: LABELING

"SEC. 4. (a)(1) It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, one of the following labels: "SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.

Establishment.

Report,

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 98 STAT. 2202

PUBLIC LAW 98-474—OCT. 12, 1984

"SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. "SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight. "SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide. "(2) It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised (other than through the use of outdoor billboards) within the United States any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the following labels: "SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy. "SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. "SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight. "SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide. "(3) It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised within the United States through the use of outdoor billboards any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the following labels: "SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart Disease, And Emphysema. "SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Health Risks. "SURGEON GENERAL'S WARNING: Pregnant Women Who Smoke Risk Fetal Injury And Premature Birth. "SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide. "(b)(1) Each label statement required by paragraph (1) of subsection (a) shall be located in the place label statements were placed on cigarette packages as of the date of the enactment of this subsection. The phrase 'Surgeon General's Warning' shall appear in capital letters and the size of all other letters in the label shall be the same as the size of such letters as of such date of enactment. All the letters in the label shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the package. "(2) The format of each label statement required by paragraph (2) of subsection (a) shall be the format required for label statements in cigarette advertising as of the date of the enactment of this subsection, except that the phrase 'Surgeon General's Warning' shall appear in capital letters, the area of the rectangle enclosing the label shall be 50 per centum larger in size with a corresponding increase in the size of the type in the label, the width of the rule forming the border around the label shall be twice that in effect on such date, and the label may be placed at a distance from the outer edge of the advertisement which is one-half the distance permitted on such date. Each label statement shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material in the advertisement.

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98 STAT. 2203

"(3) The format and type style of each label statement required by paragraph (3) of subsection (a) shall be the format and type style required in outdoor billboard advertising as of the date of the enactment of this subsection. Each such label statement shall be printed in capital letters of the height of the tallest letter in a label statement on outdoor advertising of the same dimension on such date of enactment. Each such label statement shall be enclosed by a black border which is located within the perimeter of the format required in outdoor billboard advertising of the same dimension on such date of enactment and the width of which is twice the width of the vertical element of any letter in the label statement within the border. "(c) The label statements specified in paragraphs (1), (2), and (3) of subsection (a) shall be rotated by each manufacturer or importer of cigarettes quarterly in alternating sequence on packages of each brand of cigarettes manufactured by the manufacturer or importer and in the advertisements for each such brand of cigarettes in accordance with a plan submitted by the manufacturer or importer and approved by the Federal Trade Commission. The Federal Trade Commission shall approve a plan submitted by a manufacturer or importer of cigarettes which will provide the rotation required by this subsection and which assures that all of the labels required by paragraphs (1), (2), and (3) will be displayed by the manufacturer or importer at the same time. "(d) Subsection (a) does not apply to a distributor or a retailer of cigarettes who does not manufacture, package, or import cigarettes for sale or distribution within the United States.". (b) The amendment made by subsection (a) shall take effect upon the expiration of a one-year period beginning on the date of the enactment of this Act.

Effective date. 15 USC 1333 note.

CIGARETTE INGREDIENTS

SEC. 5. (a) The Federal Cigarette Labeling and Advertising Act is amended by redesignating sections 7 through 12 as sections 8 through 13, respectively, and by inserting after section 6 the following new section:

15 USC 13361340, 1331 note.

"CIGARETTE INGREDIENTS

"SEC. 7. (a) Each person who manufactures, packages, or imports cigarettes shall annually provide the Secretary with a list of the ingredients added to tobacco in the manufacture of cigarettes which does not identify the company which uses the ingredients or the brand of cigarettes which contain the ingredients. A person or group of persons required to provide a list by this subsection may designate an individual or entity to provide the list required by this subsection. "(b)(1) At such times as the Secretary considers appropriate, the Secretary shall transmit to the Congress a report, based on the information provided under subsection (a), respecting— "(A) a summary of research activities and proposed research activities on the health effects of ingredients added to tobacco in the manufacture of cigarettes and the findings of such research; "(B) information pertaining to any such ingredient which in the judgement of the Secretary poses a health risk to cigarette smokers; and

15 USC 1335a.

Report.

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 98 STAT. 2204

Confidentiality.

Effective date. 15 USC 1335a note.

PUBLIC LAW 98-474—OCT. 12, 1984

"(C) any other information which the Secretary determines to be in the public interest. "(2)(A) Any information provided to the Secretary under subsection (a) shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code and section 1905 of title 18, United States Code and shall not be revealed, except as provided in paragraph (1), to any person other than those authorized by the Secretary in carrying out their official duties under this section. "(B) Subparagraph (A) does not authorize the withholding of a list provided under subsection (a) from any duly authorized subcommittee or committee of the Congress. If a subcommittee or committee of the Congress requests the Secretary to provide it such a list, the Secretary shall make the list available to the subcommittee or committee and shall, at the same time, notify in writing the person who provided the list of such request. "(C) The Secretary shall establish written procedures to assure the confidentiality of information provided under subsection (a). Such procedures shall include the designation of a duly authorized agent to serve as custodian of such information. The agent— "(i) shall take physical possession of the information and, when not in use by a person authorized to have access to such information, shall store it in a locked cabinet or file, and "(ii) shall maintain a complete record of any person who inspects or uses the information. Such procedures shall require that any person permitted access to the information shall be instructed in writing not to disclose the information to anyone who is not entitled to have access to the mformation.". (b) Section 7 of the Federal Cigarette Labeling and Advertising Act added by subsection (a) shall take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act. MISCELLANEOUS AMENDMENTS

SEC. 6. (a) Paragraph (1) of section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended to read as follows: "(1) the public may be adequately informed about any adverse health effects of cigarette smoking by inclusion of warning notices on each package of cigarettes and in each advertisement (b) Section 3 of such Act (15 U.S.C. 1332) is amended by adding at the end the following: "(8) The term 'Secretary' means the Secretary of Health and Human Services.". (c) Section 8 of such Act (15 U.S.C. 1336) (as so redesignated) is amended to read as follows: FEDERAL TRADE COMMISSION

Ante, p. 2201.

"SEC. 8. Nothing in this Act (other than the requirements of section 4(b)) shall be construed to limit, restrict, expand, or otherwise affect the authority of the Federal Trade (Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes.".

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 PUBLIC LAW 98-474—OCT. 12, 1984

98 STAT. 2205

(d) Section 9 of such Act (15 U.S.C. 1337) (as so redesignated) is amended— (1) by striking out "of Health, Education, and Welfare" in subsection (a), (2) by redesignating clauses (A) and (B) in such subsection as clauses (1) and (2), respectively, (3) by striking out clause (A) in subsection (b) and by redesignating clauses (B) and (C) as clauses (1) and (2), respectively. Approved October 12, 1984.

LEGISLATIVE HISTORY—H.R. 3979: HOUSE REPORT No. 98-805 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 10, considered and passed House. Sept. 26, considered and passed Senate, amended; House concurred in Senate amendments.

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 98 STAT. 2206

PUBLIC LAW 98-475—OCT. 13, 1984

Public Law 98-475 98th Congress Joint Resolution Oct. 13, 1984 [H.J. Res. 654]

Increasing the statutory limit on the public debt.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof "$1,575,700,000,000, or $1,823,800,000,000 on and after October 1, 1984,". Approved October 13, 1984.

LEGISLATIVE HISTORY—H.J. Res. 654: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House. Oct. 5, 9-12, considered and passed Senate.

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 PUBLIC LAW 98-476—OCT. 15, 1984

98 STAT. 2207

Public Law 98-476 98th Congress Joint Resolution To proclaim October 16, 1984, as "World Food Day".

Whereas hunger and chronic malnutrition remain daily facts of life for hundreds of millions of people throughout the world; Whereas the children of the world suffer the most serious effects of hunger and malnutrition, with millions of children dying each year from hunger-related illness and disease, and many others suffering permanent physical or mental impairment, including blindness, because of vitamin and protein deficiencies; Whereas Congress is particularly concerned by the rise of hunger, recurring natural catastrophes, and inadequate food production now affecting a large number of African countries and the need for an appropriate United States response to emergency and longterm food needs of that continent; Whereas, although progress has been made in reducing the incidence of hunger and malnutrition in the United States, certain groups, notably Native Americans, migrant workers, the elderly, and children, remain vulnerable to malnutrition and related diseases; Whereas the danger posed malnutrition and related diseases to these groups and to other people is intensified by unemployment and slow rates of economic growth; Whereas national policies concerning food, farmland, and nutrition require continuing evaluation and should consider and strive for the well-heing and protection of all residents of the United States and particularly those most at health risk; Whereas there is widespread concern that the use and conservation of land and water resources required for food production throughout the United States ensure care for the national patrimony we bequeath to future generations; Whereas the United States has always supported the principle that the health of a nation depends on a strong agriculture based on private enterprise and the primacy of the independent family farm; Whereas the United States, as the world's largest producer and trader of food, has a key role to play in efforts to assist nations and peoples to improve their ability to feed themselves; Whereas the United States has a long tradition of demonstrating its humanitarian concern for helping the hungry and malnourished; Whereas efforts to resolve the world hunger problem are critical to the security of the United States and the international community^ Whereas Congress is acutely aware of the paradox of immense farm surpluses and rising farm foreclosures in the United States despite the desperate need for food by hundreds of millions of people around the world;

Oct. 15, 1984 [S.J. Res. 332]

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 98 STAT. 2208

PUBLIC LAW 98-476—OCT. 15, 1984

Whereas a key recommendation of the 1980 report of the Presidential Commission on World Hunger was that efforts be undertaken to increase public awareness of the world hunger problem; Whereas the member nations of the Food and Agriculture Organization of the United Nations designated October 16 of each year as World Food Day because of the need to alert the public to the increasingly dangerous world food situation; Whereas past observances of World Food Day have been supported by proclamations of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States, by resolutions of Congress, by Presidential proclamations, by programs of the United States Department of Agriculture and other Government departments and agencies, and by the governments and peoples of many other nations; and Whereas more than three hundred private and voluntary organizations and many thousands of community leaders are participating in the planning of World Food Day observances this year: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 16, 1984, is hereby proclaimed "World Food Day". The President is authorized and requested to issue a proclamation calling on the people of the United States to observe that day with appropriate activities to explore ways in which our Nation can further contribute to the elimination of hunger in the world. Approved October 15, 1984.

LEGISLATIVE HISTORY—S.J. Res. 332: CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 10, considered and passed Senate. Oct. 2, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1049

 PUBLIC LAW 98-477—OCT. 15, 1984

98 STAT. 2209

Public Law 98-477 98th Congress An Act To amend the National Security Act of 1947 to regulate public disclosure of information held by the Central Intelligence Agency, and for other purposes.

Oct. 15, 1984 [H.R. 5164]

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 "Central Intelligence Agency Information Act. SEC. 2. (a) The National Security Act of 1947 is amended by adding at the end thereof the following new title:

Central Intelligence Agency Information Act. 50 USC 401 note.

"TITLE VII—PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE

"SEC. 701. (a) Operational files of the Central Intelligence Agency may be exempted by the Director of Central Intelligence from the provisions of section 552 of title 5, United States Code (Freedom of Information Act), which require publication or disclosure, or search or review in connection therewith. "(b) For the purposes of this title the term 'operational files' means— "(1) files of the Directorate of Operations which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; "(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and "(3) files of the Office of Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files which are the sole repository of disseminated intelligence are not operational files. "(c) Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning— "(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 of title 5, United States Code (Freedom of Information Act), or section 552a of title 5, United States Code (Privacy Act of 1974); "(2) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code (Freedom of Information Act); or "(3) the specific subject matter of an investigation by the intelligence committees of the Congress, the Intelligence Over-

50 USC 431.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1050

 98 STAT. 2210

Courts, U.S.

PUBLIC LAW 98-477—OCT. 15, 1984

sight Board, the Department of Justice, the Office of General Counsel of the Central Intelligence Agency, the Office of Inspector General of the Central Intelligence Agency, or the Office of the Director of Central Intelligence for any impropriety, or violation of law. Executive order, or Presidential directive, in the conduct of an intelligence activity. "(d)(1) Files that are not exempted under subsection (a) of this section which contain information derived or disseminated from exempted operational files shall be subject to search and review. "(2) The inclusion of information from exempted operational files in files that are not exempted under subsection (a) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure. "(3) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under subsection (a) of this section and which have been returned to exempted operational files for sole retention shall be subject to search and review. "(e) The provisions of subsection (a) of this section shall not be superseded except by a provision of law which is enacted after the date of enactment of subsection (a), and which specifically cites and repeals or modifies its provisions. (f) Whenever any person who has requested agency records under section 552 of title 5, United States Code (Freedom of Information Act), alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, except that— "(1) in any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the Central Intelligence Agency, such information shall be examined ex parte, in camera by the court; "(2) the court shall, to the fullest extent practicable, determine issues of fact based on sworn written submissions of the parties; "(3) when a complaint alleges that requested records were improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission, based upon personal knowledge or otherwise admissible evidence; "(4)(A) when a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Central Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b) of this section; and "(B) the court may not order the Central Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under subparagraph (A) of this paragraph, unless the complainant disputes the Central Intelligence Agency's showing with a sworn written

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1051

 PUBLIC LAW 98-477—OCT. 15, 1984

98 STAT. 2211

submission based on personal knowledge or otherwise admissible evidence; "(5) in proceedings under paragraphs (3) and (4) of this subsection, the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that 28 USC app. requests for admission may be made pursuant to rules 26 and 36; "(6) if the court finds under this subsection that the Central Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Central Intelligence Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section; and "(7) if at any time following the filing of a complaint pursuant to this subsection the Central Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint. "DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES

"SEC. 702. (a) Not less than once every ten years, the Director of Central Intelligence shall review the exemptions in force under subsection (a) of section 701 of this Act to determine whether such exemptions may be removed from any cat^ory of exempted files or any portion thereof. '(b) The review required by subsection (a) of this section shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein. "(c) A complainant who alleges that the Central Intelligence Agency has improperly withheld records because of failure to comply with this section may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of C!olumbia. In such a proceeding, the court's review shall be limited to determining (1) whether the Central Intelligence Agency has conducted the review required by subsection (a) of this section within ten years of enactment of this title or within ten years after the last review, and (2) whether the Central Intelligence Agency, in fact, considered the criteria set forth in subsection (b) of this section in conducting the required review.". (b) The table of contents at the beginning of such Act is amended by adding at the end thereof the following: "TITLE VN—PROTECTION OF OPERATIONAL FILES OF THE CENTRAL INTELLIGENCE AGENCY "Sec. 701. Exemption of certain operational flies from search, review, publication, or disclosure. "Sec. 702. Decennial review of exempted operational files.".

(c) Subsection (q) of section 552a of title 5, United States C!ode, is amended— (1) by inserting "(1)" after "(q)"; and

50 USC 432. Ante, p. 2209.

eourts, U.S.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1052

 98 STAT. 2212

5 USC 552. Reports. 50 USC 432 note.

Effective date. 50 USC 431 note.

PUBLIC LAW 98-477—OCT. 15, 1984

(2) by adding at the end thereof the following: "(2) No agency shall rely on any exemption in this section to withhold from an individual any record which is otherwise accessible to such individual under the provisions of section 552 of this title.". SEC. 3. (a) The Director of Central Intelligence, in consultation with the Archivist of the United States, the Librarian of Congress, and appropriate representatives of the historical discipline selected by the Archivist, shall prepare and submit by June 1, 1985, a report on the feasibility of conducting systematic review for declassification and release of Central Intelligence Agency information of historical value. (b)(1) The Director shall, once each six months, prepare and submit an unclassified report which includes— (A) a description of the specific measures established by the Director to improve the processing of requests under section 552 of title 5, United States Code; (B) the current budgetary and personnel allocations for such processing; (C) the number of such requests (i) received and processed during the preceding six months, and (ii) pending at the time of submission of such report; and (D) an estimate of the current average response time for completing the processing of such requests. (2) The first report required by paragraph (1) shall be submitted by a date which is six months after the date of enactment of this Act. The requirements of such paragraph shall cease to apply after the submission of the fourth such report. (c) Each of the reports required by subsections (a) and (b) shall be sulamitted to the Permanent Select Committee on Intelligence and the Committee on Government Operations of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate. SEC. 4. The amendments made by subsections (a) and (b) of section 2 shall be effective upon enactment of this Act and shall apply with respect to any requests for records, whether or not such request was made prior to such enactment, and shall apply to all civil actions not commenced prior to February 7, 1984. Approved October 15, 1984.

LEGISLATIVE HISTORY—H.R. 5164 (S. 1324): HOUSE REPORTS: No. 98-726, Pt. 1 (Permanent Select Committee on Intelligence) and Pt. 2 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, 19, considered and passed House. Sept. 28, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 15, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1053

 \y'

PUBLIC LAW 98-478—OCT. 16, 1984

98 STAT. 2213

Public Law 98-478 98th Congress An Act Entitled the "Federal Timber Contract Payment Modification Act".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Timber Contract Payment Modification Act". SEC. 2. (a)(1) Notwithstanding any other provisions of law, in order to retain jobs, to preserve free competition, to utilize the potential productive capacity of plants, to preserve small communities dependent on a single economic sector to assure an open and competitive market for future sales of Government timber, and to lessen the impact of unemployment, the Secretary of Agriculture for national forest lands and the Secretary of the Interior for public lands under their respective jurisdictions are authorized and directed to permit a requesting purchaser to return to the Government a volume of the purchaser's timber contracts as determined under paragraph (2) upon payment of a buy-out charge from such purchaser in an amount as determined under paragraph (3). The purchaser shall be released from further obligation to cut, remove, and pay for timber under such contract upon payment, or arrangement for payment as provided under paragraph (3)(E), of such buy-out charge and completion of any obligation required pursuant to subsection (4)(B). The Government does not hereby surrender any other claim against a purchaser which arose under a contract prior to effectuation of this release and not in connection with this release from obligation to cut, harvest and pay for timber. (2)(A) To qualify for buy-out under this section, a timber sales contract must have been bid prior to January 1, 1982, for an original contract period of 10 years or less, and be held as of June 1, 1984: Provided, That any such contract that was defaulted after January 1, 1981 may qualify for buy-out under this section so long as (i) settlement for damages has not been reached between the purchaser and the United States; and (ii) the purchaser's loss on all of its qualifying timber sales contracts, as determined in section 2(a)(3)(A) of this Act, is in excess of 50 per centum of the net book worth of the purchaser. A contract is qualified for buy-out notwithstanding the fact that it was reformed after October 1, 1983, pursuant to Bureau of Land Management Instructional Memorandum 83-743 or is included in a Forest Service multisale plan pursuant to the President's program of July 28, 1983. (B) A purchaser holding more than twenty-seven million three hundred thousand board feet of net merchantable sawtimber as of January 1, 1982, in qualifying contracts as provided in (A) shall be entitled to buy out up to 55 per centum of such timber volume up to a maximum of two hundred million board feet. (C) A purchaser holding twenty-seven million three hundred thousand or less board feet of net merchantable sawtimber as of January 1, 1982, in qualifying contracts as provided in (A) shall be

Oct. 16, 1984 [H.R. 2838] ' Federal Timber Contract Payment Modification Act. 16 USC 618 note. Forests and forest products. 16 USC 618.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1054

 98 STAT. 2214

Loans.

PUBLIC LAW 98-478—OCT. 16, 1984

entitled to buy out up to fifteen million board feet of such timber volume or one contract, whichever is greater in volume. (D) So long as the volume limitation of two hundred million board feet is not exceeded, the percentage limitation of paragraph (B) or the volume limitation of paragraph (C) may be exceeded by a volume amount not to exceed the volume of the smallest volume contract bought out by the purchaser if the purchaser could not otherwise attain his percentage or volume entitlement. (E) Timber returned to the Government pursuant to this subsection shall be available for resale by the Government upon payment, or arrangement for payment, of the buy-out charge and completion of obligations, if any, under paragraph 4(B). (3)(A) Sums collected by the appropriate Secretary in connection with the buy-out of contracts pursuant to this subsection shall be deposited in and paid from the Treasury in the same manner as moneys received from timber sales from such lands and shall be determined as follows: The purchaser's loss on any qualifying timber sales contracts shall be determined by the Forest Service or the Bureau of Land Management by subtracting the current delivered log value (as determined by such agency) from the delivered log cost based on the current contract return (as determined by such agency) of any such contracts. If such loss is— (i) in excess of 100 per centum of the net book worth of the purchaser, the buy-out cost shall be $10 per one thousand board feet of currently held volume bought out; (ii) in excess of 50 per centum up to 100 per centum of the net book worth of the purchaser, the buy-out cost shall be 10 per centum of the contract overbid but at least $10 per one thousand board feet of currently held volume bought out; or (iii) up to 50 per centum or less of the net book worth of the purchaser, the buy-out cost shall be 15 per centum for the purchaser's first one hundred twenty-five million board feet, 20 per centum for additional board feet above one hundred twenty-five million up to one hundred fifty million, 25 per centum for additional board feet above one hundred fifty million up to one hundred seventy-five million, and 30 per centum for additional board feet above one hundred seventy-five million up to two hundred million, of the contract overbid but at least $10 per one thousand board feet of currently held volume bought out. (B) For purposes of this paragraph, the term "net book worth" does not include the value of any outstanding uncut Federal timber sales contracts. (C) Net book worth shall be, subject to agency verification, as determined by an independent certified public accountant in accordance with generally accepted accounting standards for the timber industry. (D) A purchaser may elect to pay the buy-out cost imposed by paragraph (iii) in lieu of utilizing loss and net book worth determinations. (E) Where a purchaser is not able to obtain sufficient credit elsewhere to finance the buy-out charge at reasonable rates and terms, purchaser may, upon payment of 5 per centum of the buy-out charge, pay the remainder of the buy-out charge in equal quarterly payments over a period not to exceed 5 years at an interest rate adjusted with each payment equal to the average market yield of outstanding Treasury obligations with remaining years to maturity

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 -^

PUBLIC LAW 98-478—OCT. 16, 1984

98 STAT. 2215

of five years payment must be secured by bond, deposited securities or other forms of security acceptable to the appropriate Secretary in an amount sufficient to cover the entire buy-out payment. (F) For purposes of this paragraph, the term "contract overbid" is the difference between the advertised contract rate and the rate the purchaser bid. (4)(A) Contracts returned pursuant to this subsection under which no harvest has begun shall be returned in full. (B) Contracts returned to the appropriate Secretary pursuant to this subsection under which harvest has begun, shall be returned conditionally and shall not be considered as part of the outstanding volume of timber under contract for the purposes of this Act. The return shall become final after the purchaser has completed stages of contractual obligations for the units on which the harvest has begun, including work on roads, to logical stopping points as determined by the Secretary after consultation with the purchaser. All remaining unharvested units must be returned. (C) The appropriate Secretary may reject return of a contract on which harvest has begun if he determines, in his discretion, that the remaining unharvested portion is substantially unrepresentative of the original sale as a whole in terms of species, logging methods, or other appropriate criteria, and that accepting the return of such contract would seriously disadvantage the Government. (5)(A) Timber from returned or defeulted contracts shall be offered for resale in an orderly fashion as part of, and not in addition to, the normal congressionally authorized timber sales program, and in a manner which does not disrupt regional markets or artificially depress domestic timber prices. Timber from returned or defaulted contracts shall be given preference for resale in the Forest Service timber sales programs. (B) Timber sales in Forest Service region 6 shall not exceed four billion three hundred million board feet of net merchantable sawtimber in fiscal year 1984. (C) Beginning in fiscal year 1985 and continuing through fiscal year 1991 or the fiscal year in which timber contract extensions in region 6 granted under the President's program of July 28, 1983 (as constituted at the date of enactment of this Act), are completed, whichever is later, the Secretary of Agriculture shall set, and periodically adjust as necessary, the maximum annual timber sale volume in region 6. Such maximum sale volume shall be set so as to achieve a volume of region 6 net merchantable sawtimber under contract at the end of each fiscal year which does not exceed twelve billion three hundred million board feet: Provided, however, That such maximum annual sale volume shall not exceed five billion two hundred million board feet of net merchantable sawtimber. The sale of timber within region 6 shall be made in such a manner as not to result in discriminatory treatment as between different forests in the region. (6)(A) The Secretary of the Interior and the Secretary of Agriculture shall publish final rules for the implementation of this subsection in the Federal Register within ninety days after the date of enactment of this Act. (B) Such final rules shall require purchasers to submit buy-out requests to the appropriate Secretary within ninety days after the publication of such rules. (7)(A) For purposes only of determining a purchaser's buy-out limitation under subsection (2) and net worth in connection with

Regulations. Federal Register, publication.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1056

 98 STAT. 2216

Report.

Effective date.

National Forest System. Boy Scouts of America. 16 USC 539f.

26 USC 501.

PUBLIC LAW 98-478—OCT. 16, 1984

buy-out cost under subsection (3), concerns which are affiliates as defined under paragraph (B) of this subsection shall be treated as a single entity. (B) Definition of affiliates: Concerns are affiliates of each other when either directly or indirectly, one concern controls or has the power to control the other, or a third party or parties controls or has the power to control both. In determining whether or not affiliation exists, consideration shall be given to all appropriate factors, including, but not limited to, common ownership, common management, and contractual relationships. (C) Definition of purchaser: For the purposes of this Act, a purchaser is the holder of a contract to purchase timber from the Secretary of Agriculture or the Secretary of the Interior. (b)(1) Timber contracts bid prior to January 1, 1982, not bought out pursuant to subsection (a) and included in the President's program of July 28, 1983, shall not be subject to any further extension of time for performance except as permitted under the President's program of July 28, 1983, as implemented by the Secretary of Agriculture and the Secretary of the Interior, providing for the extension of certain timber sale contracts and requiring the phased harvesting of such extended contracts, which program is hereby ratified except as modified by paragraph (2). (2) Notwithstanding any other provision of law, timber contracts extended pursuant to the President's program of July 28, 1983, as implemented by the Secretary of Agriculture shall not be subject to inclusion of additional provisions for calculating damages for default. (c) The Secretary of Agriculture and the Secretary of the Interior shall monitor bidding patterns on timber sale contracts and take action to discourage bidding at such a rate as would indicate that the bidder, if awarded the contract, would be unable to perform the obligations as required, or that the bid is otherwise for the purpose of speculation. Each Secretary shall include in the annual report to Congress information concerning actions taken under this paragraph. (d) Effective January 1, 1985, in any contract for the sale of timber from the National Forests, the Secretary of Agriculture shall require a cash down-payment at the time the contract is executed and periodic paymente to be made over the remaining period of the contract. SEC. 3. (a) Notwithstanding any other provision of law, the Secretary of Agriculture is directed to waive annually without charge all or a portion of payment or rental fees required under terms of a permit for use of certain lands of the National Forest System as organization camps by local units of the Boy Scouts of America or such other nonprofit organization when such local units of the Boy Scouts of America or such nonprofit organization are willing to perform services, as the Secretary prescribes and determines will yield a valuable benefit to the public and to the program of the Secretary of such lands. If the Secretary determines that a local unit of the Boy Scouts of America or such other nonprofit organization has not fully performed such services, such organization shall not be entitled in the subsequent year to waiver under the provisions of this section. (b) The term "other nonprofit organization" shall mean (1) a nonprofit organization holding an exemption under section 501(c) of the Internal Revenue Code, as amended; and (2) a nonprofit associa-

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