text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/730

 98 STAT. 3102

16 USC 1600 note. 42 USC 4321 note.

Mines and mining.

PUBLIC LAW 98-585—OCT. 30, 1984

(6) minimizing, to the extent practicable, environmental disturbances caused by resource development, consistent with the exercise of private property rights. (c) The Secretary shall administer the national recreation area in accordance with the purposes described in subsection (b) and the laws, rules, and regulations applicable to the National Forest System. Subject to valid existing rights, any activity associated with the exploration, development, or transportation of oil, gas, or other minerals shall be subject to such reasonable conditions as the Secretary may prescribe, and in accordance with the management plan described in subsection (d), to achieve the purposes, described in subsection (b), of the national recreation area. For any such activity, the Secretary shall require a plan of operations which shall include provisions for adequate reclamation, including, to the extent practicable, revegetation and rehabilitation after each phase of operations is completed. (d) The Secretary shall prepare, and may from time to time amend, a management plan for the national recreation area. The plan may be prepared in conjunction with, or incorporated with, ongoing planning for the Allegheny National Forest in accordance with the National Forest Management Act of 1976. The initial management plan and significant amendments or revisions shall be accompanied by an environmental impact statement prepared in accordance with the National Environmental Policy Act of 1969. (e) The Secretary shall permit hunting, fishing, and trapping within the boundaries of the national recreation area in accordance with applicable Federal and State laws except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any prohibitions or restrictions made pursuant to this subsection shall be put into effect only after consultation with the appropriate State fish and game department. (f) Subject to valid existing rights, the minerals in all federally owned lands within the national recreation area designated by this Act are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing, and all amendments thereto. (g) Nothing in this section shall be construed to apply to or have any effect on any other management area of the National Forest System, including any wilderness area or any other national recreation area. MAPS AND DESCRIPTIONS

16 USC 460qq note.

Public availability.

SEC. 7. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the national recreation area and of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in such maps and descriptions may be made by the Secretary. Each such map and description shall be on file and available for public inspec-

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text: Author:Theodore B. Willson

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

title: Author:Theodore B. Willson


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/731

 PUBLIC LAW 98-585—OCT. 30, 1984

98 STAT. 3103

tion in the Office of the Chief of the Forest Service, Department of Agriculture. EFFECT OF RARE II

SEC. 8. (a) The Congress finds that— (1) the Department of Agriculture has completed the second Conservation, roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Pennsylvania, and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Pennsylvania, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Pennsylvania; (2) with respect to the National Forest System lands in the State of Pennsylvania which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the 16 USC 1600 suitability of such lands for inclusion in the National Wilder- note. ness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Pennsylvania reviewed in such final environmental statement or referenced in subsection (d) and not designated as wilderness or for special management under section 6 of this Act upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need 16 USC 1604. not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; and (4) in the event that revised land management plans in the State of Pennsylvania are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be

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Page:United States Statutes at Large Volume 98 Part 3.djvu/732

 98 STAT. 3104

16 USC 1600 note. 16 USC 1604.

PUBLIC LAW 98-585—OCT. 30, 1984

required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to National Forest System roadless lands in the State of Pennsylvania which are less than five thousand acres in size. BUFFER ZONES

SEC. 9. The Congress does not intend that the designation of a wilderness area under this Act lead to the creation of protective perimeters or buffer zones around such wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness shall not preclude such activities or uses up to the boundary of the wilderness area. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5076: HOUSE REPORT No. 98-713, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-616 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 130 (1984): May 1, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct. 4, House agreed to Senate amendment.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/733

 PUBLIC LAW 98-586—OCT. 30, 1984

98 STAT. 3105

P u b l i c Law 98-586 98th Congress

An Act To designate certain national forest system lands in the State of Virginia as wilderness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited the "Virginia Wilderness Act of 1984". DESIGNATION OF WILDERNESS AREAS

SEC. 2. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands in the State of Virginia are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Jefferson National Forest, Virginia, which comprise approximately six thousand three hundred and seventy-five acres, as generally depicted on a map entitled "Beartown Wilderness—Proposed", dated February 1984, and which shall be known as the Beartown Wilderness; (2) certain lands in the Jefferson National Forest, Virginia, which comprise approximately five thousand five hundred and eighty acres, as generally depicted on a map entitled "Kimberling Creek Wilderness—Proposed", dated February 1984, and which shall be known as the Kimberling Creek Wilderness; (3) certain lands in the Jefferson National Forest, Virginia, which comprise approximately five thousand seven hundred and thirty acres, as generally depicted on a map entitled "Lewis Fork Wilderness—Proposed", dated February 1984, and which shall be known as the Lewis Fork Wilderness; (4) certain lands in the Jefferson National Forest, Virgiinia, which comprise approximately three thousand four hundred acres, as generally depicted on a map entitled "Little Dry Run Wilderness—Proposed", dated February 1984, and which shall be known as the Little Dry Run Wilderness; (5) certain lands in the Jefferson National Forest, Virginia, which comprise approximately three thousand eight hundred and fifty-five acres, as generally depicted on a map entitled "Little Wilson Creek Wilderness—Proposed", dated February 1984, and which shall be known as the Little Wilson Creek Wilderness; (6) certain lands in the Jefferson National Forest, Virginia, which comprise approximately eight thousand two hundred and fifty-three acres, as generally depicted on a map entitled "Mountain Lake Wilderness—Proposed", dated February 1984, and which shall be known as the Mountain Lake Wilderness; (7) certain lands in the Jefferson National Forest, Virginia, which comprise approximately three thousand three hundred and twenty-six acres, as generally depicted on a map entitled "Peters Mountain Wilderness—Proposed", dated February

Oct. 30, 1984 [H.R. 5121] Virginia Wilderness Act of 1984. National Wilderness Preservation System. National Forest System. 16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

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text: Author:William Crawford Winlock

title: Author:William Crawford Winlock


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/734

 98 STAT. 3106

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

PUBLIC LAW 98-586—OCT. 30, 1984 1984, and which shall be known as the Peters Mountain Wilderness; (8) certain lands in the Jefferson National Forest, Virginia, which comprise approximately two thousand four hundred and fifty acres, as generally depicted on a map entitled "Thunder Ridge Wilderness—Proposed", dated February 1984, and which shall be known as the Thunder Ridge Wilderness; (9) certain lands in the Jefferson National Forest, Virginia, which comprise approximately two hundred acres, as generally depicted on a map entitled "James River Face Wilderness Addition—Proposed", dated September 1984, and which are hereby incorporated in, and shall be deemed to be part of, the James River Face Wilderness as designated by Public Law 93-622; (10) certain lands in the George Washington National Forest, Virginia, which comprise approximately six thousand seven hundred and twenty-five acres, as generally depicted on a map entitled "Ramseys Draft Wilderness—Proposed", dated January 1984, and which shall be known as the Ramseys Draft Wilderness; and (11) certain lands in the George Washington National Forest, Virginia, which comprise approximately ten thousand and ninety acres, as generally depicted on a map entitled "Saint Mary's Wilderness—Proposed", dated January 1984, and which shall be known as the Saint Mary's Wilderness. MAPS AND DESCRIPTIONS

Public availability.

SEC. 3. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map and description may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS

16 USC 1131 note.

SEC. 4. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. EFFECT OF RARE II

conservation.

SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Virginia

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Page:United States Statutes at Large Volume 98 Part 3.djvu/735

 PUBLIC LAW 98-586—OCT. 30, 1984

98 STAI. 3107

and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Virginia, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Virginia; (2) with respect to the National Forest System lands in the State of Virginia which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), except those lands designated for wilderness study upon enactment of this Act, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Virginia reviewed in such final environmental statement or referenced in subsection (d) and not designated as wilderness or for wilderness study upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness desij^ation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Virginia are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Virginia for the purpose of determining their

16 USC 1600 note.

16 USC 1604.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/736

 98 STAT. 3108

16 USC 1604.

PUBLIC LAW 98-586—OCT. 30, 1984

suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to National Forest System roadless lands in the State of Virginia which are less than five thousand acres in size. DESIGNATION OF WILDERNESS STUDY AREAS

16 USC 1131 "°*®-

Reports.

SEC. 6. (a) In furtherance of the purposes of the Wilderness Act, the Secretary of Agriculture shall review, as to their suitability for preservation as wilderness, the following lands in the State of Virginia: (1) certain lands in the George Washington National Forest, which comprise approximately nine thousand three hundred acres, as generally depicted on a map entitled "Rough Mountain Wilderness Study Area—Proposed", dated January 1984, and which shall be known as the Rough Mountain Wilderness Study Area; (2) certain lands in the George Washington National Forest, which comprise approximately five thousand six hundred acres, as generally depicted on a map entitled "Rich Hole Wilderness Study Area—Proposed", dated January 1984, and which shall be known as the Rich Hole Wilderness Study Area; (3) certain lands in the Jefferson National Forest, which comprise approximately five thousand eight hundred and seventy-five acres, as generally depicted on a map entitled "Barbours Creek Wilderness Study Area—Proposed", dated February 1984, and which shall be known as the Barbours Creek Wilderness Study Area; and (4) certain lands in the Jefferson National Forest, which comprise approximately four thousand three hundred acres, as generally depicted on a map entitled "Shawvers Run Wilderness Study Area—Proposed", dated February 1984, and which shall be known as the Shawvers Run Wilderness Study Area. (b) In carrying out the review required under this section, the Secretary shall give public notice at least sixty days in advance of any hearing or other public meeting concerning a study area, (c) Subject to valid existing rights, the wilderness study areas designated by this section shall, until Congress determines otherwise, be administered by the Secretary so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. (d) The Secretary, in consultation with the Environmental Protection Agency and the State of Virginia, shall evaluate and report to Congress no later than two years after the date of enactment of this Act on the effects of the proposed industrial development site at Covington, Virginia, on air quality on the areas designated for wilderness study by this Act. The Secretary shall provide an interim report to the appropriate committees of Congress no later than one year after the date of enactment of this Act.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/737

 PUBLIC LAW 98-586—OCT. 30, 1984

98 STAT. 3109

BUFFER ZONES

SEC. 7. Congress does not intend that designation of wilderness areas in the State of Virginia lead to the creation of protective perimeters or buffer zones around each wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5121: HOUSE REPORT No. 98-712, Part 1 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): May 8, considered and passed House. Oct. 4, considered and passed Senate, amended. Oct. 9, House concurred in Senate amendment.

31-194 0 - 86 - 24: QL.3 Part3

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/738

 98 STAT. 3110

PUBLIC LAW 98-587—OCT. 30, 1984

Public Law 98-587 98th Congress An Act Oct. 30, 1984 [H.R. 5189]

To amend section 3056 of title 18, United States Code, to update the authorities of the United States Secret Service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) section 3056 of title 18, United States Code, is amended to read as follows:

Crimes and

"§3056. Powers, authorities, and duties of United States Secret Service "(a) Under the direction of the Secretary of the Treasury, the United States Secret Service is authorized to protect the following persons: "(1) The President, the Vice President (or other officer next in the order of succession to the Office of President), the Presidentelect, and the Vice President-elect. "(2) The immediate families of those individuals listed in paragraph (1). "(3) Former Presidents and their spouses for their lifetimes, except that protection of a spouse shall terminate in the event of remarriage. "(4) Children of a former President who are under 16 years of age. "(5) Visiting heads of foreign states or foreign governments. "(6) Other distinguished foreign visitors to the United States and official representatives of the United States performing special missions abroad when the President directs that such protection be provided. "(7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates. As used in this paragraph, the term 'major Presidential and Vice Presidential candidates' means those individuals identified as such by the Secretary of the Tresisury after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee. The protection authorized in paragraphs (2) through (7) may be

misdemeanors.

declined.

"(b) Under the direction of the Secretary of the Treasury, the Secret Service is authorized to detect and arrest any person who violates— "(1) section 508, 509, 510, 871, or 879 of this title or, with respect to the Federal Deposit Insurance Corporation, Federal land banks, and Federal land bank associations, section 213, 216, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this title;

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Page:United States Statutes at Large Volume 98 Part 3.djvu/739

 PUBLIC LAW 98-587—OCT. 30, 1984

98 STAT. 3111

"(2) any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or "(3) any of the laws of the United States relating to electronic fund transfer frauds, credit and debit card frauds, and false identification documents or devices; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of the Treasury and shall not affect the authority of any other Federal law enforcement agency with respect to those laws. "(c)(1) Under the direction of the Secretary of the Treasury, officers and agents of the Secret Service are authorized to— "(A) execute warrants issued under the laws of the United States; "(B) carry firearms; "(C) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; "(D) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or potential violation of those provisions of law which the Secret Service is authorized to enforce; "(E) pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of the Treasury and accounted for solely on the Secretary's certificate; and "(F) perform such other functions and duties as are authorized by law. "(2) Funds expended from appropriations available to the Secret Service for the purchase of counterfeits and subsequently recovered shall be reimbursed to the appropriations available to the Secret Service at the time of the reimbursement. "(d) Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by this section or by section 1752 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both.". (b) The table of contents of chapter 203 of title 18, United States Code, is amended by striking out the item relating to section 3056 and inserting in lieu thereof the following: "3056. Powers, authorities, and duties of United States Secret Service.".

SEC. 2. The joint resolution entitled "Joint resolution to authorize the United States Secret Service to furnish protection to major presidential or vice presidential candidates", approved June 6, 1968 (18 U.S.C. 3056 note), is repealed. SEC. 3. (a) Section 879(b)(2) of title 18, United States Code, is amended by striking out "the first section of the joint resolution entitled 'Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates', approved June 6, 1968 (18 U.S.C. 3056 note)" and inserting in lieu thereof "subsection (a)(7) of section 3056 of this title".

Repeal.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/740

 98 STAT. 3112

PUBLIC LAW 98-587—OCT. 30, 1984

(b) Section 1752(f) of title 18, United States Code, is amended to read as follows: "(f) As used in this section, the term 'other person protected by the Secret Service' means any person whom the United States Secret Service is authorized to protect under section 3056 of this title when such person has not declined such protection.". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5189: HOUSE REPORT No. 98-1001 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed House. Oct. 11, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/741

 PUBLIC LAW 98-588—OCT. 30, 1984

98 STAT. 3113

Public Law 98-588 98th Congress An Act To redesignate the Veterans' Administration Medical Center located in Poplar Bluff, Missouri, as the "John J. Pershing Veterans' Administration Medical Center".

Oct. 30, 1984 [H.R. 5252]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Veterans' Public buildings Administration Medical Center in Poplar Bluff, Missouri, shall after ^^^ grounds. the date of the enactment of this Act be known and designated as the "John J. Pershing Veterans' Administration Medical Center". Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall after such date be deemed to be a reference to the John J. Pershing Veterans' Administration Medical Center. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5252: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 3, considered and passed House. Oct. 10, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/742

 98 STAT. 3114

PUBLIC LAW 98-589—OCT. 30, 1984

Public Law 98-589 98th Congress An Act Oct. 30, 1984 [H.R. 5323]

Public buildings and grounds.

To designate the United States Courthouse Building in Hato Rey, Puerto Rico, as the "Clemente Ruiz Nazario United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the United States Courthouse Building located at Carlos Chardon Street, Hato Rey, Puerto Rico, shall hereafter be known and designated as the "Clemente Ruiz Nazario United States Courthouse". Any reference in a law, map, regulation, document, record, or other paper of the United States to that courthouse shall be deemed to be a reference to the "Clemente Ruiz Nazario United States Courthouse". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5323: HOUSE REPORT No. 98-931 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 11, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/743

 PUBLIC LAW 98-590—OCT. 30, 1984

98 STAT. 3115

Public Law 98- 590 98th Congress An Act To enable honey producers and handlers to finance a nationally coordinated research, promotion, and consumer information program designed to expand their markets for honey.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the 'Honey Research, Promotion, and Consumer Information Act".

Oct. 30, 1984 [H.R. 5358]

Honey Research, Promotion, and Consumer Information Act. 7 USC 4601 note.

FINDINGS AND DECLARATION OF POLICY

SEC. 2. The Congress finds that: (1) Honey is produced by many individual producers in every State in the United States. (2) Honey and honey products move in large part in the channels of interstate and foreign commerce, and honey which does not move in such channels directly burdens or affects interstate commerce. (3) In recent years, large quantities of low-cost, imported honey have been brought into the United States, replacing domestic honey in the normal trade channels. (4) The maintenance and expansion of existing honey markets and the development of new or improved markets or uses are vital to the welfare of honey producers and those concerned with marketing, using, and processing honey, along with those engaged in general agricultural endeavors requiring bees for pollinating purposes. (5) The honey production industry within the United States is comprised mainly of small- and medium-sized businesses. (6) The development and implementation of coordinated programs of research, promotion, and consumer education necessary for the maintenance of markets and the development of new markets have been inadequate. (7) Without cooperative action in providing for and financing such programs, honey producers, honey handlers, wholesalers, and retailers are unable to implement programs of research, promotion, and consumer education necessary to maintain and improve markets for these products. (b)(1) It is, therefore, the purpose of this Act to authorize the establishment of an orderly procedure for the development and financing, through an adequate assessment, of an effective and coordinated program of research, promotion, and consumer education designed to strengthen the position of the honey industry in the marketplace and maintain, develop, and expand markets for honey and honey products.

7 USC 4601.

Research and development. Marketing.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/744

 98 STAT. 3116 Commerce and trade.

PUBLIC LAW 98-590—OCT. 30, 1984

(2) Nothing in this Act may be construed to dictate quality standards for honey, provide for control of its production, or otherwise limit the right of the individual honey producer to produce honey. This Act treats foreign producers equitably, and nothing in this Act may be construed as a trade barrier to honey produced in foreign countries. DEFINITIONS

7 USC 4602.

SEC. 3. As used in this Act: (1) The term "honey" means the nectar and saccharine exudations of plants which are gathered, modified, and stored in the comb by honey bees. (2) The term "honey products" means products produced, in whole or part, from honey. (3) The term "Secretary" means the Secretary of Agriculture. (4) The term "person" means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (5) The term "producer" means any person who produces honey in the United States for sale in commerce. (6) The term "handler" means any person who handles honey. (7) The term "handle" means to sell, package, or process honey. (8) The term "importer" means any person who imports honey or honey products into the United States or who acts as an agent, broker, or consignee for any person or nation that produces honey outside of the United States for sale in the United States. (9) The term "producer-packer" means any person who is both a producer and handler of honey. (10) The term "promotion" means any action, including paid advertising, pursuant to this Act, to present a favorable image for honey or honey products to the public with the express intent of improving the competitive position and stimulating sales of honey or honey products. (11) The term "research" means any type of research designed to advance the image, desirability, usage, marketability, production, or quality of honey or honey products. (12) The term "consumer education" means any action to provide information on the usage and care of honey or honey products. (13) The term "marketing" means the sale or other disposition in commerce of honey or honey products. (14) The term "Committee" means the National Honey Nominations Committee provided for under section 7(b) of this Act. (15) The term "Honey Board" means the board provided for under section 7(c) of this Act. (16) The term "State association" means that organization of beekeepers in a State which is generally recognized as representing the beekeepers of that State. (17) The term "State" means any of the several States, the District of Columbia and the Commonwealth of Puerto Rico. HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION ORDER

Imports. 7 USC 4603.

S E C 4. To effectuate the declared policy of this Act, the Secretary shall, subject to the provisions of this Act, issue and, from time to

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/745

 PUBLIC LAW 98-590—OCT. 30, 1984

98 STAT. 3117

time, amend orders applicable to persons engaged in the production, sale, or handling of honey and honey products in the United States and the importation of honey and honey products into the United States. NOTICE AND HEARING

SEC. 5. Whenever the Secretary has reason to believe that the issuance of an order will assist in carrying out the purpose of this Act, the Secretary shall provide due notice of and opportunity for a hearing upon a proposed order. Such hearing may be requested and a proposal for an order submitted by any organization or interested person affected by the provisions of this Act.

7 USC 4604.

FINDINGS AND ISSUANCE OF AN ORDER

SEC. 6. After notice of and opportunity for a hearing has been provided in accordance with section 5 of this Act, the Secretary shall issue an order if the Secretary finds, and sets forth in such order, that, upon the evidence introduced at such hearing, the issuance of such order and all the terms and conditions thereof will assist in carrying out the purpose of this Act.

7 USC 4605.

REQUIRED TERMS OF AN ORDER

SEC. 7. (a) Any order issued by the Secretary under this Act shall contain the terms and conditions described in this section and, except as provided in section 8 of this Act, no others. (b)(1) Such order shall provide for the establishment and appointment by the Secretary of a National Honey Nominations Committee which shall consist of not more than one member from each State, from nominations submitted by each State association. If a State association does not submit a nomination, the Secretary may provide for nominations from that State to be made in a different manner, except that if a State which is not one of the top twenty honey-producing States in the United States (as determined by the Secretary) does not submit a nomination, such State shall not be represented on the Committee. (2) Members of the Committee shall serve for three-year terms with no member serving more than two consecutive three-year terms, except that the initial appointments to the Committee shall be staggered with an equal number of members appointed, to the maximum extent possible, to one-year, two-year, and three-year terms. (3) The Committee shall select its Chairman by a majority vote. (4) The members of the Committee shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Committee. (5) The Committee shall nominate the members and alternates of the Honey Board and submit such nominations to the Secretary. In making such nominations, the Committee shall meet annually, except that after the first annual meeting, when determined by the Chairman, the Committee may conduct its business by mail ballot in lieu of an annual meeting. In order to nominate members to the Honey Board, at least 50 per centum of the members from the twenty leading honey producing States must vote. A majority of the National Honey Nominations Committee shall constitute a quorum

7 USC 4606.

National Honey Nominations eommittee, establishment.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/746

 98 STAT. 3118

Honey Board, establishment.

PUBLIC LAW 98-590—OCT. 30, 1984

for voting at an annual meeting. In the case of a mail ballot, votes must be received from a majority of the Committee. (c)(1) The order described in subsection (a) shall provide for the establishment and appointment by the Secretary of a Honey Board in accordance with this subsection. (2) The membership of the Honey Board shall consist of— (A) seven members who are honey producers appointed from nominations submitted by the National Honey Nominations Committee, one from each of seven regions of the United States which shall be established by the Secretary on the basis of the production of honey in the different areas of the country; (B) two members who are handlers of honey appointed from nominations submitted by the Committee from recommendations made by industry organizations representing handler interests; (C) two members who are importers appointed from nominations submitted by the Committee from recommendations made by industry organizations representing importer interests; (D) one member who is an officer or employee of a honey marketing cooperative appointed from nominations submitted by the Committee; and (E) one member selected by the Secretary from the general public. The Committee shall also nominate an alternate or alternates for each member of the Honey Board described in subparagraphs (A) through (D), and the Secretary shall appoint an alternate for the member described in subparagraph (E). Such alternates shall be appointed in the same manner as members are and shall serve only whenever the member is absent from a meeting or is disqualified. (3) Members of the Honey Board shall serve for three-year terms with no member serving more than two consecutive three-year terms except that the initial appointments to the Honey Board shall be staggered with an equal number of members appointed, to the maximum extent possible, to one-year, two-year, and three-year terms. (4) In the event any member of the Honey Board ceases to be a member of the category of members from which the member was appointed to the Honey Board, such person shall be automatically replaced by an alternate. (5) The members of the Honey Board shall serve without compensation but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Honey Board. (6) The powers and duties of the Honey Board shall be to— (A) administer any order, issued by the Secretary under this Act, in accordance with its terms and provisions and consistent with the provisions of this Act; (B) prescribe rules and regulations to effectuate the terms and provisions of such an order; (C) receive, investigate, and report to the Secretary, accounts of violations of such an order; (D) make recommendations to the Secretary with respect to amendments which should be made to such order; and (E) employ a manager and staff. (d) The Honey Board shall prepare and submit to the Secretary, for the Secretary's approval, a budget (on a fiscal period basis) of its anticipated expenses and disbursements in the administration of the

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Page:United States Statutes at Large Volume 98 Part 3.djvu/747

 PUBLIC LAW 98-590—OCT. 30, 1984

98 STAT. 3119

order, including probable costs of research, promotion, and consumer information. (e)(1) The Honey Board shall administer collection of the assessment provided for in this paragraph to finance the expenses described in subsections (d) and (f). For the first year in which the plan is in effect, the assessment rate shall be $0.01 per pound, with payment to be made in the manner described in section 9. After the first year, the Honey Board may submit to the Secretary a request for an increase in the assessment rate not to exceed 0.5 cent per year, but at no time may the total assessment rate exceed $0.04 per pound. (2) A producer or producer-packer who produces, or handles, or produces and handles less than six thousand pounds of honey per year or an importer who imports less than six thousand pounds of honey per year shall be exempt from the assessment. In order to claim such an exemption, a person shall submit an application to the Honey Board stating that their production, handling, or importation of honey shall not exceed six thousand pounds for the year for which the exemption is claimed. (f) Funds collected by the Honey Board from the assessments shall be used by the Honey Board for financing research, promotion, and consumer information, other expenses as described in subsection (d), such other expenses for the administration, maintenance, and functioning of the Honey Board as may be authorized by the Secretary, any reserve established under section 8(5), and those administrative costs incurred by the Department of Agriculture pursuant to this Act after an order has been promulgated under this Act. The Secretary shall be reimbursed from assessments collected by the Honey Board for any expenses incurred for the conduct of referenda. (g) No promotion funded with assessments collected under this Act may make any false or unwarranted claims on behalf of honey or its products or false or unwarranted statements with respect to the attributes or use of any competing product. (h) No funds collected through assessments authorized by this Act may, in any manner, be used for the purpose of influencing governmental policy or action, except for making recommendations to the Secretary as provided for in this Act. (i) The Honey Board shall develop and submit to the Secretary, for approval, plans for research, promotion, and consumer information. Any such plans or projects must be approved by the Secretary before becoming effective. The Honey Board may enter into contracts or agreements with the approval of the Secretary for the development and carrying out of research, promotion, and consumer information, and for the payment of the cost thereof with funds collected pursuant to this Act. (j) The Honey Board shall maintain books and records and prepare and submit to the Secretary such reports from time to time as may be required for appropriate accounting with respect to the receipt and disbursement of funds entrusted to it and cause a complete audit report to be submitted to the Secretary at the end of each fiscal year.

Exemptions.

Claims.

Lobbying.

Research and development. Marketing.

Records. Reports.

PERMISSIVE TERMS AND PROVISIONS

SEC. 8. On the recommendation of the Honey Board, and with the approval of the Secretary, an order issued pursuant to this Act may contain one or more of the following provisions:

7 USC 4607.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/748

 98 STAT. 3120

PUBLIC LAW 98-590—OCT. 30, 1984 (1) Providing authority to exempt from the provisions of the order honey used for exporting and providing authority for the Honey Board to require satisfactory safeguards against improper use of such exemption. (2) Providing that in a State with an existing marketing order with respect to honey, the objectives of which the Secretary determines are comparable to the program established under this Act, there shall be paid to the Honey Board as provided in section 9 that portion of the national assessment which is above the State assessment, if any, actually paid on such honey. (3) Providing for authority to designate different handler payment and reporting schedules to recognize differences in marketing practices and procedures. (4) Providing that the Honey Board may convene from time to time working groups drawn from producers, honey handlers, importers, exporters, members of the wholesale or retail outlets for honey, or other members of the public to assist in the development of research and marketing programs for honey. (5) Providing for authority to accumulate reserve funds from assessments collected pursuant to this Act to permit an effective and continuous coordinated program of research, promotion, and consumer information, in years when the production and assessment income may be reduced, but the total reserve fund may not exceed the amount budgeted for one year's operation. (6) Providing for the authority to use funds collected under this Act with the approval of the Secretary for the development and expansion of honey and honey product sales in foreign markets. (7) Providing for terms and conditions incidental to, and not inconsistent with, the terms and conditions specified in this Act and necessary to effectuate the other provisions of such an order. COLLECTION OF ASSESSMENTS; REFUNDS

7 USC 4608.

Records. Imports.

Records.

SEC. 9. (a) Except as provided by subsections (c), (d), and (e), the first handler of honey shall be responsible for the collection from the producer, and payment to the Honey Board, of assessments authorized by this Act. (b) The first handler shall maintain a separate record on each producer's honey so handled, including honey owned by the handler. (c) The assessment on imported honey and honey products shall be paid by the importer at the time of entry into the United States and shall be remitted to the Honey Board. (d) In any case in which a loan is made with respect to any honey under the Honey Loan Price Support Program, the Secretary shall provide that the assessment shall be deducted from the proceeds of the loan and that the amount of such assessment shall be forwarded to the Honey Board. When such loan is redeemed, the Secretary shall provide the producer with proof of payment of the assessment. (e) Producer-packers shall pay to the Honey Board the assessment on the honey they produce. (f) Handlers, importers, and producer-packers responsible for payment of assessments shall maintain and make available for inspection by the Secretary such books and records as are required by the order and file reports at the times, in the manner, and having the content prescribed by the order, so that information and data shall be made available to the Honey Board and to the Secretary which is

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Page:United States Statutes at Large Volume 98 Part 3.djvu/749

 PUBLIC LAW 98-590—OCT. 30, 1984

98 STAT. 3121

appropriate or necessary to the effectuation, administration, or enforcement of the Act or of any order or regulation issued pursuant to this Act. (g) All information obtained pursuant to subsection (f) shall be kept confidential by all officers and employees of the Department of Agriculture and of the Honey Board. Only such information as the Secretary deems relevant shall be disclosed and only in a suit or administrative hearing brought at the request of the Secretary or to which the Secretary or any officer of the United States is a party involving the order with reference to which the information was furnished or acquired. Nothing in this section prohibits— (1) issuance of general statements based upon the reports of a number of handlers subject to any order, if such statements do not identify the information furnished by any person; or (2) the publication by direction of the Secretary, of the name of any person violating any order issued under this Act, together with a statement of the particular provisions of the order violated by such person. (h) Any producer or importer may obtain a refund of the assessment collected from the producer or importer if demand is made within the time and in the manner prescribed by the Honey Board and approved by the Secretary; except that, during any year, the amount of refunds made to importers, as a percentage of total assessments collected from importers, shall not exceed the amount of refunds made to domestic producers, as a percentage of total assessments collected from such producers. Such refund shall be made by the Honey Board in June and December of each year.

Confidentiality.

PETITION AND REVIEW

SEC. 10. (a) Any person subject to an order may file, within a period prescribed by the Secretary, a written petition with the Secretary, stating that such order or any provision of such order or any obligation imposed in connection therewith is not in accordance with law and requesting a modification thereof or to be exempted therefrom. Such person shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon such petition which shall be final, if in accordance with law. (b) The district courts of the United States in any district in which such person is an inhabitant, or carries on business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to the Secretary a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 11 of this Act.

7 USC 4609.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/750

 98 STAT. 3122

PUBLIC LAW 98-590—OCT. 30, 1984 ENFORCEMENT

Crimes and misdemeanors.

7 USC 4610.

Records.

SEC. 11. (a) The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any plan or regulation issued under this Act. The facts relating to any civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action. Nothing in this Act shall be construed as requiring the Secretary to refer to the Attorney General violations of this Act whenever the Secretary believes that the administration and enforcement of any such plan or regulation would be adequately served by administrative action under subsection (b) or suitable written notice or warning to any person committing such violations. (b)(1) Any person who violates any provision of any plan or regulation issued by the Secretary under this Act, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of such person thereunder, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,00 for each such violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty the Secretary may issue an order requiring such person to cease and desist from continuing such violations. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation, and the order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. (2) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under paragraph (1) may obtain review in the court of appeals of the United States for the circuit in which such person resides or carries on business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence. (3) Any person who fails to obey a cease and desist order after it has become final and unappealable, or after the appropriate court of appeals has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in paragraphs (1) and (2) of not more than $500 for each offense, and each day during which such failure continues shall be deemed a separate offense. (4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/751

 PUBLIC LAW 98-590—OCT. 30, 1984

98 STAT. 3123

REQUIREMENTS OF REFERENDUM

SEC. 12. For the purpose of ascertaining whether issuance of an 47 USC 46ii. order is approved or favored by producers and importers, the Secretary shall conduct a referendum among those producers and importers not exempt under section 7(e)(2) who, during a representative period determined by the Secretary, have been engaged in the production and importation of honey. No order issued pursuant to this Act shall be effective unless the Secretary determines that the issuance of such an order is approved or favored by not less than two-thirds of the producers and importers voting in such referendum or by a majority of the producers and importers voting in such referendum if such majority produced and imported not less than two-thirds of the honey produced and imported during the representative period. The ballots and other information or reports which Confidentiality. reveal, or tend to reveal, the vote of any producer or importer of honey shall be held strictly confidential and shall not be disclosed. SUSPENSION AND TERMINATION

SEC. 13. (a) Whenever the Secretary finds that any order issued under this Act, or any provisions thereof, obstructs or does not tend to effectuate the declared purpose of this Act, the Secretary shall terminate or suspend the operation of such order or such provisions thereof. (b) Five years from the date on which the Secretary issues an order authorizing the collection of assessments on honey under provisions of this Act, and every five years thereafter, the Secretary shall conduct a referendum to determine if honey producers and importers favor the continuation, termination, or suspension of the order. (c) The Secretary shall hold a referendum on the request of the Honey Board or when petitioned by 10 per centum or more of the honey producers and importers to determine if the honey producers and importers favor termination or suspension of the order. (d) The Secretary shall terminate or suspend such order at the end of the marketing year whenever the Secretary determines that such

7 USC 4612.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/752

 98 STAT. 3124

PUBLIC LAW 98-590—OCT. 30, 1984

suspension or termination of the order is favored by a majority of those voting in a referendum and that the producers and importers comprising this majority produce and import more than 50 per centum of the volume of honey produced and imported by those voting in the referendum. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5358: HOUSE REPORT No. 98-892 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 130 (1984): July 24, considered and passed House. Oct. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/753

 PUBLIC LAW 98-591—OCT. 30, 1984

98 STAT. 3125

Public Law 98-591 98th Congress An Act To designate the United States Post Office and Courthouse in Utica, New York, as the "Alexander Pirnie Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building at 10 Broad Street, Utica, New York, known as the United States Post Office and Courthouse, shall hereafter be known and designated as the "Alexander Pirnie Federal Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the "Alexander Pirnie Federal Building". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5402: HOUSE REPORT No. 98-1012 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 18, considered and passed House. Oct. 11, considered and passed Senate.

Oct. 30, 1984 [H.R. 5402]

Public buildings and grounds.

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text:
Author:Henry Wood

Works

 * Natural Law in the Business World (1887)
 * Edward Burton (1890)
 * God’s Image in Man (1892)
 * Ideal Suggestion Through Mental Photography (1893)
 * The Political Economy of Natural Law (1894)
 * Studies in the Thought World (1896)
 * Victor Serenus (1898)
 * The Political Economy of Humanism (rev. ed. of 1894 book) (1901)
 * The Symphony of Life (1901)
 * New Thought Simplified (1903)
 * Life More Abundant (1905)
 * The New Old Healing (1908)

 * Has Mental Healing a Valid Scientific and Religious Basis? (pamphlet)

Articles in Popular Science Monthly

 * 1.

title: Author:Henry Wood


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/754

 98 STAT. 3126

PUBLIC LAW 98-592—OCT. 30, 1984

Public Law 98-592 98th Congress An Act Oct. 30, 1984 [H.R. 5716]

Providing for the conveyance of public lands, Seneca County, Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That notwithstanding the provisions of any other law, the Secretary of the Interior, subject to the terms and conditions set forth in sections 1-5 of this Act, may convey public lands in section 16, township 3 north, range 16 east, first principal meridian, Seneca County, Ohio, to citizens of the United States that claam title in good faith and in peaceful, adverse possession. SfiCiiiON 1. The Secretary shall determine that such conveyance is in the public interest and will serve objectives which outweigh all public objectives and values which would be served by retaining such lands in Federal ownership and shall also determine that no other statutory authority exists whereby the Secretary may afford the appropriate relief SEC. 2. The Secretary may sell public land on a direct basis to a purported current title holder of record as evidenced by documents duly recorded in local government or State government offices. The Secretary shall appraise the land applied for on the basis of its fair market value at the time of appraisal. From this amount, the Secretary shall deduct the value of improvements or development by the applicant or his predecessors in interest in determining the price payable by the applicant. The Secretary may further discount the price payable beised upon the equities of the applicant. Such equities may include but are not limited to: (a) the amount the applicant paid for the land, (b) length of time of chain of title, (c) longevity of the applicant's claim, and (d) payment of taxes on the land. SEC. 3. Lands conveyed under this Act shall be described in accordance with the rectangular system of survey as reflected on the Federal plat of survey. In the event that an individual tract does not

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Page:United States Statutes at Large Volume 98 Part 3.djvu/755

 PUBLIC LAW 98-592—OCT. 30, 1984

98 STAT. 3127

conform to said survey, the Secretary is authorized to convey to a trustee acting on behalf of more than one claimant for purposes of conforming the legal description to said plat. SEC. 4. In any conveyance made pursuant to this Act, the Secretary shall reserve to the United States all mineral deposits found at Mines and any time in the land and the right to prospect for, mine, and remove mmmg the same. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5716: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 9, considered and passed House. Oct. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/756

 98 STAT. 3128

PUBLIC LAW 98-593—OCT. 30, 1984

Public Law 98-593 98th Congress An Act Oct. 30, 1984 [H.R. 5747]

To designate the Federal building in Oak Ridge, Tennessee, as the "Joe L. Evins Federal Building".

Be it enacted by the Senate and House of Representatives of the Public buildings United States of America in Congress assembled, That, in recognition and grounds. of Joe L. Evins, who was a distinguished Member of Congress and served the State of Tennessee for more than 30 years, the Federal Building located on Administration Road in Oak Ridge, Tennessee, is hereby designated as the "Joe L, Evins Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "Joe L. Evins Federal Building". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5747: HOUSE REPORT No. 98-930 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/757

 PUBLIC LAW 98-594—OCT. 30, 1984

98 STAT. 3129

Public Law 98-594 98th Congress An Act To authorize two additional Assistant Secretaries for the Department of the Treasury.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 301(e) of title 31, United States Code, is amended by striking out " 5 " and inserting in lieu thereof "7". (b) Section 5315 of title 5, United States Code, is amended by striking out "(5)." after "Assistant Secretaries of the Treasury" and inserting in lieu thereof "(7).". SEC. 2. During the fiscal year ending September 30, 1984, any payment or obligation pursuant to this Act may be made only to such extent or in such amounts as are provided in advance in appropriation Acts. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5832: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 2, considered and passed House. Oct. 11, considered and passed Senate.

Oct. 30, 1984 [H.R. 5832]

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Page:United States Statutes at Large Volume 98 Part 3.djvu/758

 98 STAT. 3130

PUBLIC LAW 98-595—OCT. 30, 1984

Public Law 98-595 98th Congress An Act Oct. 30, 1984 [H.R. 5833]

To improve certain maritime programs of the Department of Transportation and the Department of Commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) is amended as follows: 46 USC app. (1) in section 1103(e), after the last sentence, by adding: ^^^^ "Notwithstanding an assumption of an obligation by the Secre46 USC app. tary under section 1105(a) or (b) of this Act, the validity of the ^^^^ guarantee of an obligation made by the Secretary under this title is unaffected and the guarantee remains in full force and effect."; 46 USC app. (2) in section 1104, by striking subsection (a)(3) and 1274. substituting: "(3) financing the purchase, reconstruction, or reconditioning Vessels. of vessels or fishery facilities for which obligations were guaranFish and fishing. teed Under this title that, under the provisions of section 1105: "(A) are vessels or fishery facilities for which obligations were accelerated and p£dd; "(B) were acquired by the Fund; or "(C) were sold at foreclosure instituted by the Secretary;"; (3) in section 1104(a)(5), by adding "or" at the end; (4) in section 1104(a)(6), by striking "facilities; or" and substituting "facilities."; (5) in section 1104, by striking subsection (a)(7); (6) in section 1104, by striking subsection (d)(1) and substituting: "(d)(l)(A) No commitment to guarantee, or guarantee of, an obligation shall be made by the Secretary of Transportation unless the Secretary finds that the property or project with respect to which the obligation will be executed will be economically sound. In making that determination, the Secretary shall consider— eommerce and "(i) the need in the particular segment of the maritime indust'"ade. try for new or additional capacity, including any impact on existing equipment for which a guarantee under this title is in effect; "(ii) the market potential for the employment of the vessel over the life of the guarantee; "(iii) projected revenues and expenses associated with employment of the vessel; "(iv) any charters, contracts of affreightment, transportation agreements, or similar agreements or undertakings relevant to the employment of the vessel; "(v) other relevant criteria; and "(vi) for inland waterways, the need for technical improvements, including but not limited to increased fuel efficiency, or improved safety.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/759

 PUBLIC LAW 98-595—OCT. 30, 1984

98 STAT. 3131

"(B) No commitment to guarantee, or guarantee of, an obligation shall be made by the Secretary of Commerce unless the Secretary finds, at or prior to the time such commitment is made or guarantee becomes effective, that the property or project with respect to which the obligation will be executed will be, in the Secretary's opinion, economically sound and in the case of fishing vessels, that the purpose of the financing or refinancing is consistent with the wise use of the fisheries resources and with the development, advancement, management, conservation, and protection of the fisheries resources, or with the need for technical improvements including but not limited to increased fuel efficiency or improved safety."; (7) in section 1104(h), after the word "acceleration", by adding ", assumption,"; (8) in section 1105(a), in the first sentence after the word "demand", by adding: "(unless the Secretary shall, upon such terms as may be provided in the obligation or related a^n'eements, prior to that demand, have assumed the obligor's rights and duties under the obligation and agreements and shall have made any payments in default)"; (9) in section 1105, by striking subsection (b) and substituting: "(b) In the event of a default under a mortgage, loan agreement. or other security agreement between the obligor and the Secretary, the Secretary may upon such terms as may be provided in the obligation or related agreement, either: "(1) assume the obligor's rights and duties under the agfreement, make any payment in default, and notify the obligee or the obligee's agent of the default and the assumption by the Secretary; or "(2) notify the obligee or the obligee's agent of the default, and the obligee or the obligee's agent shall have the right to demand at or before the expiration of such period as may be specified in the guarantee or related agreements, but not later than 60 days from the date of such notice, payment by the Secretary of the unpaid principal amount of said obligation and of the unpaid interest thereon. Within such period as may be specified in the guarantee or related agreements, but not later than 30 days from the date of such demand, the Secretary shall promptly pay to the obligee or the obligee's agent the unpaid principal amount of said obligation and unpaid interest thereon to the date of payment."; (10) in section 1105(c), first sentence, after the word "payment", by adding "or assumption"; (11) in section 1105(e), by striking the last sentence and substituting: "In the event that the Secretary shall receive through the sale of property an amount of cash in excess of the unpaid principal amount of the obligation and unpaid interest on the obligation and the expenses of collection of those amounts, the Secretary shall pay the excess to the obligor."; and (12) in section 1104(e), by adding the following sentence at the end thereof: "Such regulations shall provide a formula for determining the creditworthiness of obligors under which the most creditworthy obligors pay a fee computed on the lowest allowable percentage and the least creditworthy obligors pay a fee which may be computed on the highest allowable percentage (the range of creditworthiness to be based on obligors which have actually issued guaranteed obligations).".

46 USC app. 1274. 46 USC app. 1275.

Loans.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/760

 98 STAT. 3132

PUBLIC LAW 98-595—OCT. 30, 1984

SEC. 2. Section 214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1124) is amended to read as follows: "(a) For the purpose of any investigation which, in the opinion of the Secretary of Transportation, is necessary and proper in carrying out this Act, the Secretary may subpoena witnesses, administer oaths and affirmations, take evidence, and require the production of books, papers, or other documents that are relevant to the matter under investigation. The attendance of witnesses and the production of books, papers, or other documents may be required from any place in the United States or any territory, district, or possession thereof at any designated place of hearing. Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. "(b) Upon failure of any person to obey a subpoena issued by the Secretary, the Secretary may invoke the aid of any district court of the United States within the jurisdiction in which the person resides or carries on business in requiring the attendance and testimony of witnesses and the production of books, papers, or other documents. Any such court may issue an order requiring the person to appear before the Secretary, or an employee designated by the Secretary, there to produce books, papers, or other documents, if so ordered, or to give testimony relevant to the matter under investigation. A failure to obey an order of the court may be punished by the court as a contempt thereof. Process in such a case may be served in the judicial district in which the person resides or may be found.". SEC. 3. (a) The Shipping Act, 1916 (46 App. U.S.C. 801), is amended as follows: (1) The first section is amended— (A) by striking the definitions "common carrier by water" and "common carrier by water in foreign commerce"; (B) in the definition "other person subject to this Act", by striking "common carrier by water" in two places and substituting "common carrier by water in interstate commerce"; and (C) in the definition "carrying on the business of forwarding", by striking "from the United States, its Territories, or possessions to foreign countries, or". 46 USC app. 815. (2) The initial paragraph of section 16 is amended by striking "transportation by water" and substituting "transportation by water in interstate commerce". 46 USC app. 820. (3) Section 21(b) is amended by striking the period following "subject to this Act" and substituting a comma, (b) The Shipping Act of 1984 (46 App. U.S.C. 1701), is amended as follows: Ante, p. 70. (1) Section 5(a) is amended by striking "in section 4" and substituting "in section 4(a) or (b)". Ante, p. 80. (2) Section 11(g) is amended by striking "section 10(c)(1) or (4)" and substituting "section 10(c)(1) or (3)'.

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98 STAT. 3133

(3) The last sentence of section 15 is amended to read as Ante, p. 84. follows: "Whoever fails to file a certificate required by the Commission under this subsection is liable to the United States for a civil penalty of not more than $5,000 for each day the violation continues.". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5833: HOUSE REPORT No. 98-888 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-652 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): July 24, considered and passed House. Oct. 10, considered and passed Senate, amended. Oct. 11, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/762

 98 STAT. 3134

PUBLIC LAW 98-596—OCT. 30, 1984 Public Law 98-596 98th Congress An Act

Oct. 30, 1984 [H.R. 5846] Criminal Fine Enforcement Act of 1984. 18 USC 3611 note.

Law enforcement.

Taxes. 26 USC 6323.

26 USC 6334.

To amend title 18, United States Code, to improve collection and administration of criminal fines, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Criminal Fine Enforcement Act of 1984". SEC. 2. Section 3565 of title 18, United States Code, is amended— (1) in the sentence beginning "In all criminal", by striking out "In" and inserting in lieu thereof "(a)(1) Except as provided in paragraph (2) of this subsection, in"; (2) in the sentence beginning "Where the judgment", by striking out "Where the" and all that follows through "is paid," and inserting in lieu thereof: "If the court finds by a preponderance of the information relied upon in imposing sentence that the defendant has the present ability to pay a fine or penalty, the judgment may direct imprisonment until the fine or penalty is paid, and"; and (3) by adding at the end the following new matter: "(2) A judgment imposing the payment of a fine or penalty shall, upon the filing of notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f) of the Internal Revenue Code of 1954, be a lien in favor of the United States upon all property and rights of property belonging to the defendant, except with respect to properties or transactions specified in subsections (b), (c) or (d) of section 6323 of the Internal Revenue Code of 1954 for which a notice of tax lien properly filed on the same date would not be valid and except with respect to property that would be exempt from levy for taxes under section 6334(a) of the Code. Such lien shall be valid against any subsequent purchaser, holder of a security interest, mechanic's lienor or judgment creditor. A writ of execution may be issued with respect to any property or rights to property subject to such lien. "(3) Such lien is valid against property referred to in paragraph (2) of this subsection if, but for such paragraph, applicable law would permit enforcement of the lien. "(4) The effect of any execution, whether by attachment, garnishment, levy or other means, on salary, wages or other income payable to or receivable by a defendant shall be continuous from the date such execution is first made until the liability for the fine or penalty to which the execution relates is satisfied, the liability ceases to exist or becomes unenforceable, or the execution is released. Salaries, wages and other income shall be exempt from execution only to the extent of the exemptions from levy for taxes provided in section 6334(d) of the Internal Revenue Code of 1954. "(5) For the purposes of any State or local law providing for the filing of a notice of a tax lien, a notice of lien for a judgment imposing the payment of a fine or penalty shall be considered a notice of lien for taxes payable to the United States. If such notice is

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98 STAT. 3135

not accepted for filing, the registration, recording, docketing, or indexing, of the judgment imposing payment of a fine or penalty in accordance with section 1962 of title 28, United States Code shall be considered for all purposes as the filing prescribed by this subsection. "(b)(1) A judgment imposing the payment of a fine or penalty shall— "(A) provide for immediate payment unless, in the interest of justice, the court specifies payment on a date certain or in installments; "(B) include the name and address of the defendant, the docket number of the case, the amount of the fine, and the schedule of payments (if other than immediate payment is specified); and "(C) if other than immediate payment is specified, require the defendant to notify the appropriate United States Attorney of any change in the name or address of the defendant. "(2) If the judgment specifies other than immediate payment of a fine or penalty, the period provided for payment shall not exceed five years, excluding any period served by the defendant as imiprisonment for the offense. The defendant shall pay interest on any amount payment of which is deferred under this paragraph. The interest shall be computed on the unpaid balance at the rate of 1.5 percent per month for each full calendar month for which such amount is unpaid. "(3) If the judgment specifies other than immediate payment of a fine or penalty, and the defendant does not pay an amount due, at the discretion of the Attorney General, the entire unpaid balance shall be payable immediately. "(c)(1) The defendant shall pay interest on any amount of a fine or penalty (other than a penalty under paragraph (2) of this subsection) that is past due. The interest shall be computed on the unpaid balance at the rate of 1.5 percent per month. "(2) If an amount owed by a defendant as a fine or penalty is past due for more than 90 days, the defendant shall pay, in addition to any amount otherwise payable, a penalty equal to 25 percent of the amount past due. "(d)(1) Except as provided in paragraph (2) of this subsection, the defendant shall pay to the Attorney General any amount due as a fine or penalty. "(2) The Attorney General and the Director of the Administrative Office of the United States Courts may jointly provide by regulation that fines and penalties for specified categories of offenses shall be paid to the clerk of the court. "(e) If a fine or penalty exceeds $500, the clerk of the court shall furnish to the Attorney General a certified copy of the judgment. "(f) If a fine or penalty is imposed on an organization, it is the duty of each individual authorized to make disbursements for the organization to make payment from assets of the organization. If a fine or penalty is imposed on a director, officer, employee, or agent of an organization, payment shall not be made, directly or indirectly, from assets of the organization, unless the court finds that such payment is expressly permissible under applicable State law. "(g) When a fine or penalty is satisfied as provided by law, the Attorney General shall file with the court a notice of satisfaction of judgment if the defendant makes a written request to the Attorney General for such filing, or if the amount of the fine or penalty

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Page:Travels to Discover the Source of the Nile - In the Years 1768, 1769, 1770, 1771, 1772, and 1773 volume 2.djvu/413

 ter Paez, in moderation, charity, perseverance, long-suffering, and peace; extended and maintained afterwards by, blood and violence beyond what could be expected from heathens, and thrown down by an exertion of the civil power in its own defence, against the encroachments of priesthood and ecclesiastical tyranny, which plainly had no other view than, by annihilating the constitution under its native prince, to reduce Abyssinia to a Portuguese government, as had been the case with so many independent states in India already.

proclamation was made on the 14th of June 1632. After this Socinios took no care of public affairs. He had been for a long time afflicted with various complaints, especially since the last campaign in Lasta; and affairs were now managed by prince Facilidas in his father's place, though he did not take upon him the title of King. Emana Christos, brother of Sela Christos, a steady Alexandrian, and Guebra Christos, were then made governors of Lasta and Begemder; but no steps were taken in this interval against the Jesuits.

the 7th of September the king died, and was buried; with great pomp, by his son Facilidas, in the church of Ganeta Jesus, which he himself had built, professing himself a Roman Catholic to the last. The Portuguese historians deny both his resignation of the crown, and his perseverance in the Roman Catholic faith to his death, but this apparently for their own purposes.

was a prince remarkable for his strength of body; of great courage and elevation of mind; had early learned the


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Page:United States Statutes at Large Volume 98 Part 3.djvu/764

 98 STAT. 3136

PUBLIC LAW 98-596—OCT. 30, 1984

exceeds $500. Upon request of the defendant, the clerk shall furnish to the defendant a certified copy of the notice. "(h) The obligation to pay a fine or penalty ceases upon the death of the defendant or the expiration of twenty years after the date of the entry of the judgment, whichever occurs earlier. The defendant and the Attorney General may agree in writing to extend such twenty-year period.". SEC. 3. Section 3569 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking out "(a)" at the beginning of the subsection; and (B) by striking out "thirty days" in the sentence beginning "When a poor"; and (2) by striking out subsection (b). SEC. 4. Section 3651 of title 18, United States Code, is amended in the paragraph beginning "The defendant's"— (1) by striking out "fine or other punishment" and inserting in lieu thereof "punishment (other than a fine)"; and (2) by adding at the end the following new sentence: "If at the end of the period of probation, the defendant has not complied with a condition of probation, the court may nevertheless terminate proceedings against the defendant, but no such termination shall affect the defendant's obligation to pay a fine imposed or made a condition of probation, and such fine shall be collected in the manner provided in section 3565 of this title.". SEC. 5. Section 3655 of title 18, United States Code, is amended by inserting after the paragraph beginning "He shall keep records" the following new paragraph: "He shall report to the court any failure of a probationer under his supervision to pay an amount due as a fine or as restitution.". SEC. 6. (a) Chapter 229 of title 18, United States Code, is amended by adding at the end the following new sections: 18 USC 3621.

"§ 3621. Criminal default on fine "(a) Whoever, having been sentenced to pay a fine or penalty, willfully does not pay an amount due— "(1) in the case of an individual, shall be fined not more than the greater of $100,000 or twice the unpaid balance of the fine or penalty, or imprisoned not more than one year, or both; and "(2) in the case of a person other than an individual, shall be fined not more than the greater of $250,000 or twice the unpaid balance of the fine or penalty. "(b) It is a defense to a prosecution under subsection (a)(1) of this section that the individual was unable to make the payment because of such individual's responsibility to provide necessities for such individual or other individuals financially dependent upon such individual. The defendant has the burden of establishing the defense under this subsection by a preponderance of the evidence.

18 USC 3622.

"§ 3622. Factors relating to imposition of fines "(a) In determining whether to impose a fine and the amount of a fine, the court shall consider, in addition to other relevant factors— "(1) the nature and circumstances of the offense; "(2) the history and characteristics of the defendant; "(3) the defendant's income, earning capacity, and financial resources;

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98 STAT. 3137

"(4) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose; "(5) any pecuniary loss inflicted upon others as a result of the offense; "(6) whether restitution is ordered and the amount of such restitution; "(7) the need to deprive the defendant of illegally obtained gains from the offense; "(8) whether the defendant can pass on to consumers or other persons the expense of the fine; and "(9) if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any officer, director, employee, or agent of the organization responsible for the offense and to prevent a recurrence of such an offense. "(b) If, as a result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine or penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution. "§ 3623. Alternative fines "(a) An individual convicted of an offense may be fined not more than the greatest of— "(1) the amount specified in the law setting forth the offense; "(2) the applicable amount under subsection (c) of this section; "(3) in the case of a felony, $250,000; "(4) in the case of a misdemeanor resulting in death, $250,000; or "(5) in the case of a misdemeanor punishable by imprisonment for more than six months, $100,000. "(b) A person (other than an individual) convicted of an offense may be fined not more than the greatest of— "(1) the amount specified in the law setting forth the offense; "(2) the applicable amount under subsection (c) of this section; "(3) in the case of a felony, $500,000; "(4) in the case of a misdemeanor resulting in death, $500,000; or "(5) in the case of a misdemeanor punishable by imprisonment for more than six months, $100,000. "(c)(1) If the defendant derives pecuniary gain from the offense, or if the offense results in pecuniary loss to another person, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing process. "(2) Except as otherwise expressly provided, the aggregate of fines that a court may impose on a defendant at the same time for different offenses that arise from a common scheme or plan, and that do not cause separable or distinguishable kinds of harm or damage, is twice the amount imposable for the most serious offense.

18 USC 3623.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/766

 98 STAT. 3138 18 USC 3624.

"§ 3624. Security for stayed fine "If a sentence imposing a fine is stayed, the court shall, absent exceptional circumstances (as determined by the court)— "(1) require the defendant to deposit, in the registry of the district court, any amount of the fine that is due; "(2) require the defendant to provide a bond or other security to ensure payment of the fine; or "(3) restrain the defendant from transferring or dissipating assets.", (b) The table of sections for chapter 229 of title 18, United States Code, is amended by inserting after the item relating to section 3620 the following new items: "3621. "3622. "3623. "3624.

Effective date. 18 USC 1 note.

18 USC app.

Ante, p. 2067. Effective date.

PUBLIC LAW 98-596—OCT. 30, 1984

Criminal default on fine. Factors relating to imposition of fines. Alternative fines. Security for stayed fine.".

SEC. 7. The sentence beginning "In every" in section 4209(a) of title 18, United States Code, is amended— (1) by striking out "a condition" and inserting in lieu thereof "conditions"; and (2) by inserting after "local crime" the following: "and, if a fine was imposed, that the parolee make a diligent effort to pay the fine in accordance with the judgment". SEC. 8. Section 1 of title 18, United States Code, is amended in paragraph (3)— (1) by inserting after "which" the following: ", as set forth in the provision defining the offense,"; and (2) by striking out "$500" and inserting in lieu thereof "$5,000 for an individual and $10,000 for a person other than an individual". SEC. 9. Section 3579 of title 18, United States Code, is amended— (1) in subsection (c), by striking out "Court" and inserting in lieu thereof "court"; and (2) in subsection (f^, by adding at the end the following new paragraph: "(4) The order of restitution shall require the defendant to make restitution directly to the victim or other person eligible under this section, or to deliver the amount or property due as restitution to the Attorney General for transfer to such victim or person.". SEC. 10. The amendments made by sections 2 through 9 of this Act shall apply with respect to offenses committed after December 31, 1984. SEC. 11. (a) RULE 12.2 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE IS AMENDED—

(1) by striking out "to a mental examination by a psychiatrist or other expert designated for this purpose in the order of the court" in subdivision (c) and inserting in lieu thereof "to an examination pursuant to 18 U.S.C. 4242"; and (2) by striking out "mental condition" in subdivision (d) and inserting in lieu thereof "guilt". (b) Section 404(b) and section 404(d) of chapter IV of title II of the joint resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes", H.J. Res. 648, Ninety-eighth Congress, are repealed. (c) The amendments and repeals made by subsections (a) and (b) of this section shall apply on and after the enactment of the joint

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98 STAT. 3139

resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes", H.J. Res. 648, Ninety-eighth Congress. SEC. 12. (a)(1) Title 18, United States Code, is amended by striking Repeal, out chapter 228. Ante, p. 2034. (2) Section 3651 of title 18, United States Code, is amended by striking out the following paragraph: "If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation.". (3) Section 3651 of title 18, United States Code, as amended by paragraph (2) of this subsection, is further amended by striking out the last paragraph and inserting in lieu thereof the following: "The defendant's liability for any fine or other punishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation.". (4) The second paragraph of section 3655 of title 18, United States Code, is amended to read as follows: "He shall keep informed concerning the conduct and condition of Report. each probationer under his supervision and shall report thereon to the court placing such person on probation.". (5) The first sentence of section 4209(a) of title 18, United States Code, is amended by striking out "and, in a case" and all that follows through the end of the sentence and inserting in lieu thereof a period. (6) Section 4214(b)(1) of title 18, United States Code, is amended by striking out "or a failure to pay a fine in default within thirty days after notification that it is in default" each place it appears. (7)(A) Chapter 227 of title 18, United States Code, is amended by inserting after section 3564 the following: "§ 3565. Collection and payment of fines and penalties 18 USC 3565. "In all criminal cases in which judgment or sentence is rendered, imposing the payment of a fine or penalty, whether alone or with any other kind of punishment, such judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like manner as judgments in civil cjises. Where the judgment directs imprisonment until the fine or penalty imposed is paid, the issue of execution on the judgment shall not discharge the defendant from imprisonment until the amount of the judgment is paid.". (B) The table of sections for chapter 227 of title 18, United States Code, is amended by striking out the item relating to section 3565 and inserting in lieu thereof the following: "3565. Collection and payment of fines and penalties.".

(8) Section 3569 of title 18, United States Code, is amended— (A) by inserting "(a)" before "When a" at the beginning of the first paragraph; and (B) by adding at the end the following: "(b) Any such indigent prisoner in a Federal institution may, in Prisoners. the first instance, make his application to the warden of such institution, who shall have all the powers of a United States magistrate in such matters, and upon proper showing in support of the application shall administer the oath required by subsection (a) of

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 98 STAT. 3140

Ante, p. 2034.

Effective date. 18 USC 3565 Ante p 1837

PUBLIC LAW 98-596—OCT. 30, 1984

this section, discharge the prisoner, and file his certificate to that effect in the records of the institution. "Any such indigent prisoner, to whom the warden shall fail or refuse to administer the oath may apply to the nearest magistrate for the relief authorized by this section and the magistrate shall proceed de novo to hear and determine the matter.". (9) Section 238(i) of chapter II of title II of the joint resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes", H.J. Res. 648, Ninetyeighth Congress, is repealed. (b) The amendments and the repeal made by subsection (a) of this section shall apply on and after the enactment of the joint resolu^^^^ entitled "Joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes", H.J. Res. 648, Ninetyeighth Congress. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 5846: HOUSE REPORT No. 98-906 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): July 30, considered and passed House. Oct. 11, considered and passed Senate, amended; House concurred in Senate amendments.

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 PUBLIC LAW 98-597—OCT. 30, 1984

98 STAT. 3141

Public Law 98-597 98th Congress An Act To designate the Table Rock Lake Visitors Center building in the vicinity of Branson, Missouri, as the "Dewey J. Short Table Rock Lake Visitors Center".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Table Rock Lake Visitors Center building located in the vicinity of Branson, Missouri, shall hereafter be known and designated as the "Dewey J. Short Table Rock Lake Visitors Center". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Dewey J. Short Table Rock Lake Visitors Center". SEC. 2. The Secretary of the Army, acting through the Chief of Engineers, shall erect a plaque in a suitable location designating the building referred to in the first section of this Act as the "Dewey J. Short Table Rock Lake Visitors Center". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 6000: HOUSE REPORT No. 98-929 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 11, considered and passed Senate.

31-194 0 - 86 - 25: QL.3 PartS

Oct. 30, 1984 rpj jj goOO]

Public buildings and grounds.

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