text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/103

 PUBLIC LAW 99-643—NOV. 10, 1986

100 STAT. 3577

section 1611(b) for that month (if he or she were otherwise 42 USC 1382. eligible for such payments); or i, "(iiXD on the basis of the same impairment on which his or her eligibility under such section 1619(b) was based becomes 42 USC I382h. eligible under section 1619(b) for a month that follows a period during which the individual was ineligible under section 1611 and section 1619, and "(II) has earned income (other than income excluded pursuant to section 1612(b)) for such month or for any month in the 12- 42 USC I382a. month period preceding such month that is equal to or in excess of the amount that would cause him or her to be ineligible for payments under section 1611(b) for that month (if he or she were otherwise eligible for such payments); shall, upon becoming eligible (as described in clause (i)(1) or (ii)(I)), be subject to a prompt review of the type described in section 1614(a)(5). 42 USC I382c. "(B) If the Secretary determines pursuant to a review required by subparagraph (A) that the impairment upon which the eligibility of an individual is based has ceased, does not exist, or is not disabling, i such individual may not thereafter become eligible for a benefit under or pursuant to section 1611 or section 1619 until the individual has reapplied for benefits under section 1611 and been determined to be eligible for benefits under such section.". (2) Section 1619 of such Act (as amended by subsections (a) and (b) of this section) is further amended— (A) in subsection (a) by striking out "Any individual" and inserting in lieu thereof "Except as provided in section 1631(j), any individual", and •' (B) in subsection (b) by striking out "For purposes o f and inserting in lieu thereof "Except as provided in section 1631(j), for purposes of'. Ante, p. 3576. (3) Section 1611 of such Act (42 U.S.C. 1382) is amended by adding at the end thereof the following new subsection: •' "Application and Review Requirements for Certain Individuals "(i) For application and review requirements affecting the eligibility of certain individuals, see section 1631(j).", (d) CONFORMING AMENDMENTS.—

t

(1) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is amended by striking out paragraph (4). (2) Section 1614(a)(3) of such Act (42 U.S.C. 1382c(a)(3)) is amended— (A) in subparagraph (D) by striking out ", except for purposes of subparagraph (F) or paragraph (4),", and (B) by striking out subparagraph (F), and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3)(A) Section 1614(a) of such Act (as amended by paragraph (2)) is further amended by striking out paragraph (4) and by redesignating paragraph (5) as paragraph (4). (B) Section 1631(j)(2)(A) of such Act (as added by subsection (c)) is amended by striking out "section 1614(a)(5)" and inserting in lieu thereof "section 1614(a)(4)".

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Page:United States Statutes at Large Volume 100 Part 5.djvu/104

 100 STAT. 3578

PUBLIC LAW 99-643—NOV. 10, 1986

SEC. 5. NOTIFICATIONS TO APPLICANTS AND RECIPIENTS.

Section 1631 of the Social Security Act (42 U.S.C. 1383) (as amended by section 4) is further amended by adding at the end thereof the following new subsection: "Notifications to Applicants and Recipients Blind persons. Ante, p. 3577. 42 USC 1382h.

42 USC 1382a.

'

"(k) The Secretary shall notify an individual receiving benefits under section 1611 on the basis of disability or blindness of his or her potential eligibility for benefits under or pursuant to section 1619— "(1) at the time of the initial award of benefits to the individual under section 1611 (if the individual has attained the age of i' 18 at the time of such initial award), and "(2) at the earliest time after an initial award of benefits to an individual under section 1611 that the individual's earned income for a month (other than income excluded pursuant to section 1612(b)) is $200 or more, and periodically thereafter so long as such individual has earned income (other than income so excluded) of $200 or more per month.". SEC. 6. LOSS OF SSI BENEFITS UPON ENTITLEMENT TO CHILD'S INSURANCE BENEFITS BASED ON DISABILITY.

Blind persons.

42 USC 402.

42 USC 1396.

42 USC 1383e note. 42 USC 1383c. 42 USC 1381.

(a) IN GENERAL.—Section 1634 of the Social Security Act (42 U.S.C. 1383c) is amended by adding at the end thereof the following new subsection: "(c) If any individual who has attained the age of 18 and is receiving benefits under this title on the basis of blindness or a disability which began before he or she attained the age of 22— "(1) becomes entitled, on or after the effective date of this -f| subsection, to child's insurance benefits which are payable under section 202(d) on the basis of such disability or to an increase in the amount of the child's insurance benefits which are so payable, and "(2) ceases to be eligible for benefits under this title because of such child's insurance benefits or because of the increase in such child's insurance benefits, such individual shall be treated for purposes of title XIX as receiving benefits under this title so long as he or she would be eligible for benefits under this title in the absence of such child's insurance benefits or such increase.". (b) STATE DETERMINATIONS.—Any determination required under

section 1634(c) of the Social Security Act with respect to whether an individual would be eligible for benefits under title XVI of such Act in the absence of children's benefits (or an increase thereof) shall be made by the appropriate State agency. (c) CONFORMING CHANGE.—Section 1920(a)(2) of such Act (42 U.S.C. 1396s(a)(2)) is amended— (1) by inserting "(A)" before "Section", and (2) by adding after and below subparagraph (A) the following new subparagraph: "(B) Section 1634 of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to child's insurance benefits under section 202(d) of this Act).".

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


text:
User:Dr.Troodon

About me
I was born on 21.06.2000 in Kyiv, the capital of Ukraine.In my city there is a fossilshop,where i often buy fossils.They are inexpensive here.I collect fossils,because i want to make a paleo-museum. I became interested in paleontology since 2001,when my mum bought me a dinosaur atlas.

My scientific works
1."Prehistoric world of Ukraine"

title: User:Dr.Troodon


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/105

 PUBLIC LAW 99-643—NOV. 10, 1986

100 STAT. 3579

SEC. 7. MEDICAID ELIGIBILITY FOR CERTAIN RECIPIENTS OF CASH BENEFITS UNDER SECTION 1619.

(a) IN GENERAL.—Section 1619(b) of the Social Security Act (42 U.S.C. 1382h(b)) (as amended by section 4) is further amended by adding at the end thereof the following new paragraph: "(3) In the case of a State that exercises the option under section 1902(f), any individual who— "(A)(i) qualifies for a benefit under subsection (a), or "(ii) meets the requirements of paragraph (1); and "(B) was eligible for medical assistance under the State plan approved under title XIX in the month immediately preceding the first month in which the individual qualified for a benefit under such subsection or met such requirements, shall remain eligible for medical assistance under such plan for so long as the individual qualifies for a benefit under such subsection or meets such requirements.". (b) CONFORMING AMENDMENT.—Section 1902(f) of such Act (42 U.S.C. 1396a(f)) is amended by striking out "subsection (e)" and inserting in lieu thereof "subsection (e) and section 1619(b)(3)".

State and local governments. 42 USC 1396a.

42 USC 1396.

42 USC 1382h.

SEC 8. PAYMENT OF BENEFITS DUE DECEASED RECIPIENTS.

(a) IN GENERAL.—Section 1631(b)(l) of the Social Security Act is 42 USC 1383. amended— (1) by inserting "(A)" afl^r "(1)"; (2) by striking out "by recovery from" where it first appears V in the first sentence and all that follows down through "The Secretary (A) shall make" and inserting in lieu thereof the following: "by recovery from such individual or his eligible spouse (or from the estate of either) or by payment to such individual or his eligible spouse, or, if such individual is deceased, by payment— "(i) to any survivii^ spouse of such individual, whether or not the individual's elig^le spouse, if (within the meaning of the first sentence of section 202(i)) such surviving husband or wife 42 USC 402. was living in the same household with the individual at the time of his death or within the 6 months immediately preceding the month of such death, or "(ii) if such individual was a disabled or blind child who was Children and living with his parent or parents at the time of his death or youth. within the 6 months immediately preceding the month of such death, to such parent or parents. "(B) The Secretary (i) shall make"; (3) by striking out "and (B) shall in any event" and inserting in lieu thereof and (ii) shall in any event, (4) by striking out "(i) the amount" and "(ii) an amount" and inserting in lieu thereof "(I) the amount" and "(II) an amount", respectively; and (5) by striking out "clause (B)" and "clause (A)" in the last sentence and inserting in lieu thereof "clause (ii)" and "clause (i)", respectively. (b) EFFECTIVE DATE.—The amendments made by subsection (a) 42 USC 1383 shall apply with respect to benefits payable for months after May note. 1986. SEC. 9. TREATMENT OF CERTAIN COUPLES IN MEDICAL INSTITUTIONS.

(a) IN GENERAL.—Section 1611(e) of the Social Security Act is amended by adding at the end thereof the following new subsection:

42 USC 1382.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/106

 PUBLIC LAW 99-643—NOV. 10, 1986

100 STAT. 3580 State and local governments.

42 USC 1382 note.

"(5) Notwithstanding anything to the contrary in the criteria being used by the Secretary in determining when a husband and wife are to be considered two eligible individuals for purposes of this title and when they are to be considered an eligible individual with an eligible spouse, the State agency administering or supervising the administration of a State plan under any other program under this Act may (in the administration of such plan) treat a husband and wife sharing a room or comparable accommodation in a hospital, home, or facility described in paragraph (1)(B) as though they were an eligible individual with his or her eligible spouse for purposes of this title (rather than two eligible individuals), after they have continuously shared such a room or accommodation for 6 months, if treating such husband and wife as two eligible individuals would prevent either of them from receiving benefits or assistance under such plan or reduce the amount thereof". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 10. EFFECTIVE DATES.

42 USC 1382h note.

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(a) PERMANENT AUTHORIZATION.—The amendment made by section 2 shall become effective on the date of the enactment of this Act. .......

42 USC 1396a note.

(b) PROGRAM MODIFICATIONS.— * -'f

State and local governments. 42 USC 1396.

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S

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(1) Except as provided in paragraph (2), the amendments made by sections 3, 4, 5, 6, and 7 shall become effective on July 1, 1987. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the requirements imposed by the amendments made by section 3(b) and section 7 of this Act, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such additional requirements until 60 days after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. Approved November 10, 1986.

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LEGISLATIVE HISTORY-H.R. 5595 (S. 2209): HOUSE REPORTS: No. 99-893 (Comm. on Ways and Means). SENATE REPORTS: No. 99-466 accompanying S. 2209 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 32 (1986): Sept. 30, considered and passed House. Oct. 8, considered and passed Senate, amended, in lieu of S. 2209. ,., Oct. 15, House concurred in Senate amendments with an amendment. '''• Oct. 16, House agreed to certain Senate amendment, to another with amendments. Oct. 18, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/107

 PUBLIC LAW 99-644-NOV. 10, 1986

100 STAT. 3581

Public Law 99-644 99th Congress

' An Act

To amend the Alaska National Interest Lands Conservation Act of 1980 to clarify the treatment of submerged lands and ownership by the Alaskan Native Corporation.

Nov. 10, 1986 [S. 485]

Be it enacted by the Senate and House of Representatives of the •United States of America in Congress assembled, That subsection (a) • of section 901 of the Alaska National Interest Lands Conservation Act (Public Law 96-487), as amended, is hereby amended by striking 43 USC 1631. out the word "six years after the date of execution" each time such words occur in such subsection, and by inserting in lieu thereof in each instance the words "eight years after the date of execution", and by striking the words "seven years after the date of enactment" each time such words occur in such subsection, and by inserting in lieu thereof in each instance the words "nine years after the date of enactment". Approved November 10, 1986.

LEGISLATIVE HISTORY—S. 485: SENATE REPORTS: No. 99-507 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 16, considered and passed Senate and House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 10, Presidential statement.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/108

 100 STAT. 3582

PUBLIC LAW 99-645—NOV. 10, 1986

Public Law 99-645 99th Congress

., An Act

Nov 10 1986 ' [b. 740J

"^^ promote the conservation of migratory waterfowl and to offset or prevent the serious loss of wetlands by the acquisition of wetlands and other essential habitat, gjjjj £QJ. other purposes.

Emergency Resources Act of

^ g n enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

jrUSC 3901

SECTION 1. SHORT TITLE.

note.

This Act may be cited as the "Emergency Wetlands Resources Act of 1986".

16 USC 3901.

SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

(a) FINDINGS.—The Congress finds that— (1) wetlands play an integral role in maintaining the quality of life through material contributions to our national economy, food supply, water supply and quality, flood control, and fish, wildlife, and plant resources, and thus to the health, safety, recreation, and economic well-being of all our citizens of the Nation; (2) wetlands provide habitat essential for the breeding, spawning, nesting, migration, wintering and ultimate survival of a major portion of the migratory and resident fish and wildlife of the Nation; including migratory birds, endangered species, commercially and recreationally important finfish, shellfish and other aquatic organisms, and contain many unique species and communities of wild plants; (3) the migratory bird treaty obligations of the Nation with Canada, Mexico, Japan, the Union of Soviet Socialist Republics, and with various countries in the Western Hemisphere require Federal protection of wetlands that are used by migratory birds for breeding, wintering or migration and needed to achieve and to maintain optimum population levels, distributions, and patterns of migration; (4) wetlands, and the fish, wildlife, and plants dependent on wetlands, provide significant recreational and commercial benefits, including— (A) contributions to a commercial marine harvest valued at over $10,000,000,000 annually; (B) support for a major portion of the Nation's multimillion dollar annual fur and hide harvest; and (C) fishing, hunting, birdwatching, nature observation and other wetland-related recreational activities that generate billions of dollars annually; (5) wetlands enhance the water quality and water supply of the Nation by serving as groundwater recharge areas, nutrient traps, and chemical sinks; (6) wetlands provide a natural means of flood and erosion control by retaining water during periods of high runoff, thereby protecting against loss of life and property;

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/109

 PUBLIC LAW 99-645—NOV. 10, 1986

100 STAT. 3583

(7) wetlands constitute only a small percentage of the land area of the United States, are estimated to have been reduced by half in the contiguous States since the founding of our Nation, and continue to disappear by hundreds of thousands of acres each year; (8) certain activities of the Federal Government have inappropriately altered or assisted in the alteration of wetlands, thereby unnecessarily stimulating and accelerating the loss of these valuable resources and the environmental and economic benefits that they provide; and (9) the existing Federal, State, and private cooperation in wetlands conservation should be strengthened in order to minimize further losses of these valuable areas and to assure their management in the public interest for this and future generations. (b) PURPOSE.—It is the purpose of this Act to promote, in concert with other Federal and State statutes and programs, the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to help fulfill international obligations contained in various migratory bird treaties and conventions with Canada, Mexico, Japan, the Union of Soviet Socialist Republics, and with various countries in the Western Hemisphere by— (1) intensifying cooperative efforts among private interests and local. State, and Federal governments for the management and conservation of wetlands; and (2) intensifying efforts to protect the wetlands of the Nation through acquisition in fee, easements or other interests and methods by local. State, and Federal governments and the private sector. SEC. 3. DEFINITIONS.

For the purpose of this Act: (1) The term "Committees" means the Committee on Merchant Marine and Fisheries and the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate. (2) The term "designated unit" means a unit of the National Wildlife Refuge System designated by the Secretary under secL tion 201(a)(2). (3) The term "hydric soil" means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation. (4) The term "hydrophytic vegetation" means a plant growing in— (A) water; or (B) a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content. ' (5) The term "wetland" means land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

International agreements. Canada. Mexico. Japan. Union of Soviet Socialist Republics.

16 USC 3902.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/110

 100 STAT. 3584

PUBLIC LAW 99-645—NOV. 10, 1986 TITLE I—EXTENSION OF WETLANDS LOAN ACT

SEC. 101. EXTENSION OF WETLANDS LOAN ACT.

(a) AVAILABILITY OF APPROPRIATIONS.—The first section of the Act entitled "An Act to promote the conservation of migratory waterfowl by the acquisition of wetlands, and for other essential waterfowl habitat, and for other purposes", approved October 4, 1961 (16 U.S.C. 715k-3), is amended by striking out "September 30, 1986" and inserting in lieu thereof "September 30, 1988". (b) REPAYMENT PROVISIONS.—Section 3 of such Act (16 U.S.C. 715k-5) is amended by striking out the first three sentences. National Wildlife Refuge System. 16 USC 3911.

•mi.

TITLE II—REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY BIRD CONSERVATION FUND SEC. 201. SALE OF ADMISSION PERMIT AT CERTAIN REFUGE UNITS

(a) SALE OF ADMISSION PERMITS.—(1) Notwithstanding the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.), in order to provide additional revenues for the conservation of wetland resources of the Nation and for the operation and maintenance of refuges— (A) the Secretary of the Interior may, at units of the National Wildlife Refuge System designated by the Secretary under paragraph (2)— (i) charge fees for admission permits; (ii) sell Golden Eagle passports and Golden Age passports; (iii) issue at no charge lifetime admission permits as 0 authorized in section 4(a)(5) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4—4601-11); (B) the amounts collected by the Secretary as a result of the activities described in subparagraph (A) shall be distributed as provided in subsection (c). (2) The Secretary shall designate a unit of the National Wildlife Refuge System for purposes of this Act if the Secretary determines, with respect to such unit, that— (A) The level of visitation for recreational purposes is high enough to justify the collection of fees for admission permits for economic reasons. (B) There is a practical mechanism in existence for implementing and operating a system of collecting fees for admission permits. (C) Imposition of a fee for admission permits is not likely to result in undue economic hardship for a significant number of visitors to the unit. (b) EXCEPTIONS.—(1) The Secretary may not require an admission permit under subsection (a)(1) for entry by a person into a designated unit if such person is the holder of— (A) a valid migratory bird hunting and conservation stamp ^. issued under section 2 of the Act of March 16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp Act); (B) a valid Golden Eagle Passport issued under section 4(a)(l) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(l)); II (C) a valid Golden Age Passport issued under section 4(a)(4) of f, such Act; or

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Page:Bobbsey Twins at the Seashore.djvu/185

Rh came in to the edge, but hardly recognized the man in street clothes.

"I want your name," demanded the stranger. "Do you know there are medals given to young heroes like you?"

"Oh, that was nothing," stammered Hal, quite confused now.

"Nothing! Why, I was about dead, and pulled on you with all my two hundred pounds. You knew, too, you had hardly a chance to bring me up. Yes, indeed, I want your name," and as he insisted, Hal reluctantly gave it, but felt quite foolish to make such a fuss "over nothing," as he said.

It was now about time for the excursion train to come in, so the boys left the water and prepared to meet their old friends.

"I hope Jack Hopkins comes," said Bert, for Jack was a great friend.

"Oh, he will be along," Harry remarked. "Nobody likes a good time better than Jack."

"Here they come!" announced Hal, the next minute, as a crowd of children with many lunch boxes came running down to the ocean.

"Hello there! Hello there!" called


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/111

 PUBLIC LAW 99-645—NOV. 10, 1986

100 STAT. 3585

(D) a valid lifetime admission permit as authorized in section 4(a)(5)of such Act. (2) Permits for a single visit to any designated unit shall be made available by the Secretary of the Interior for a reasonable fee, but not to exceed $3 for individuals or $7.50 per vehicle. For purposes of this subsection, the term "single visit" means a more or less continuous stay within a designated unit by a person or group described in subsection (d). Payment of a single visit fee and issuance of a single visit permit shall authorize exits from and re-entries to a single designated unit for a period of from one to fifteen days. Such period shall be defined for each designated unit by the Secretary based upon a determination of the period of time reasonably and ordinarily necessary for such a single visit. (3) Special admission permits for uses such as group activities may be issued in accordance with procedures and at fees established by the Secretary. (4) A person may not be required to purchase an admission permit under subsection (a)(1) in order to travel by private noncommercial vehicle over any road or highway— (A)(i) established as part of the National Federal Aid System (as defined in section 101 of title 23, United States Code); and (ii) commonly used by the public as a means of travel between two places which are outside the designated unit; or (B) to any land in which such person has a property interest if such land is within any designated unit. (5) A person may not be required to purchase an admission permit under subsection (a)(1) for entrance or admission to a unit of the National Wildlife Refuge System created, expanded, or modified by Public Law 96-487. (c) DISTRIBUTION OF AMOUNTS COLLECTED.—Amounts collected

from the sale of admission permits under this section and from fees collected at any unit of the National Wildlife Refuge System under subsections (b) and (c) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a (b), (c)) shall be distributed as follows: (A) Thirty per centum shall be available to the Secretary of the Interior until expended. The Secretary shall use such amount— (i) first, to defray the cost of collection; (ii) next, for operation and maintenance of the collecting unit; and (iii) next, for operation and maintenance of all units within the National Wildlife Refuge System, except those units created, expanded, or modified by Public Law 96-487. (B) Seventy percent shall be deposited into the migratory bird conservation fund established under section 4 of the Act of March 16, 1934 (16 U.S.C. 718d). (d) PERSONS ACCOMPANYING PERMITTEES.—A person who holds a stamp, passport, or permit described in subsection (b) shall be entitled to general entrance into any designated unit, along with— (1) any persons accompanying such person in a single, private, noncommercial vehicle; or (2) where entry to the area is by any means other than single, - . private, noncommercial vehicle, the person and any accompanying spouse, children, or parents. (e) RESTRICTIONS.—A permit issued under this section is nontransferable. Such a permit may not authorize any uses for

16 USC 3101 ^^^-

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Page:United States Statutes at Large Volume 100 Part 5.djvu/112

 100 STAT. 3586

PUBLIC LAW 99-645—NOV. 10, 1986

which fees are charged under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.). (f) ESTABLISHMENT OF FEES; POSTING OP NOTICES.—(1) All fees established pursuant to this section shall be fair and equitable. In establishing such fees, the Secretary shall consider the following: (A) The direct and indirect cost to the Government. (B) The benefits to the permit holder. (C) The public policy or interest served. (D) The comparable fees charged by non-Federal public agencies. (E) The economic and administrative feasibility of fee collection and other pertinent factors. (2) The Secretary shall require that notice that a fee has been established under this section— (A) be prominently posted at each designated unit and at appropriate locations in each such unit; and (B) to the extent practicable, be included in publications distributed at such units. (g) VOLUNTEERS.—The Director of the United States Fish and Wildlife Service may accept services of volunteers to sell admission permits under this section or to sell Golden Eagle and Golden Age Passports or Migratory Bird Hunting and Conservation Stamps. The Director may use funds appropriated or otherwise made available to the Service to cover the cost of any surety bond that may be required of a volunteer performing the services authorized under this subsection.

16 USC 718b.

16 USC 3912.

19 USC 1202.

SEC. 202. PRICE OF MIGRATORY BIRD HUNTING AND CONSERVATION STAMP. Section 2(b) of the Act of March 16, 1934 (16 U.S.C. 718(b)), is amended in the first sentence— (1) by striking out "$7.50" and inserting in lieu thereof "$10.00"; (2) by striking out "any hunting year" and inserting in lieu thereof "hunting years 1987 and 1988, $12.50 for hunting years t 1989 and 1990, and $15.00 for each hunting year thereafter,"; r and (3) by inserting "available for obligation and" before "attributable". SEC. 203. TRANSFERS TO MIGRATORY BIRD CONSERVATION FUND. Notwithstanding any other provision of law, an amount equal to the amount of all import duties collected on arms and ammunition, as specified in subpart A of part 5 of schedule 7 of the Tariff Schedules of the United States, shall, beginning with the next fiscal year quarter after the date of enactment of this Act, be paid quarterly into the migratory bird conservation fund established under section 4 of the Act of March 16, 1934 (16 U.S.C. 718d). TITLE III—STATE AND FEDERAL WETLAND ACQUISITION

16 USC 3921. governmente.^

SEC. 301. NATIONAL WETLANDS PRIORITY CONSERVATION PLAN. (^) ^^ GENERAL.—The Secretary shall establish, and periodically review and revise, a national wetlands priority conservation plan which shall specify, on a region-by-region basis or other basis considered appropriate by the ^ c r e t a r y, the t3T)es of wetlands and in-

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/113

 PUBLIC LAW 99-645—NOV. 10, 1986

100 STAT. 3587

terests in wetlands which should be given priority with respect to Federal and State acquisition. (b) CONSULTATION.—The Secretary shall establish the plan required by subsection (a) after consultation with— (1) the Administrator of the Environmental Protection Agency; (2) the Secretary of Commerce; (3) the Secretary of Agriculture; and (4) (the chief executive officer of) each State. (c) FACTORS TO B E CONSIDERED.—The Secretary, in establishing the plan required by subsection (a), shall consider— (1) the estimated proportion remaining of the respective types of wetlands which existed at the time of European settlement; (2) the estimated current rate of loss and the threat of future losses of the respective types of wetlands; and (3) the contributions of the respective types of wetlands to— (A) wildlife, including endangered and threatened species, migratory birds, and resident species;

(B) commercial and sport fisheries; (C) surface and ground water quality and quantity, and flood control; (D) outdoor recreation; and (E) other areas or concerns the Secretary considers appropriate. SEC. 302. REMOVAL OF RESTRICTION ON ACQUISITION.

Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9(a)(l)) is amended by striking out "national wildlife refuge areas under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(5)) except migratory waterfowl areas which are authorized to be acquired by the Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. 715-715s)''^ and inserting in lieu thereof "national wildlife refuge areas under section 7(a)(4) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742(f)(a)(4)) and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986". SEC. 303. INCLUSION OF WETLANDS IN COMPREHENSIVE STATEWIDE OUTDOOR RECREATION PLANS.

Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8) is amended— (1) in subsection (d), by adding at the end thereof the following new paragraph: "For fiscal year 1988 and thereafter each comprehensive statewide outdoor recreation plan shall specifically address wetlands within that State as an important outdoor recreation resource as a prerequisite to approval, except that a revised comprehensive statewide outdoor recreation plan shall not be required by the Secretary, if a State submits, and the Secretary, acting through the Director of the National Park Service, approves, as a part of and as an addendum to the existing comprehensive statewide outdoor recreation glan, a wetlands priority plan developed in consultation with the tate agency with responsibility for fish and wildlife resources and consistent with the national wetlands priority conservation plan developed under section 301 of the Emergency Wetlands Resources Act or, if such national plan has not been completed, consistent with the provisions of that section";

State and local governments.

Fish and fishing. Water. Flood control.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/114

 100 STAT. 3588

PUBLIC LAW 99-645—NOV. 10, 1986 (2) in subsection (e)(1), by inserting, in the first sentence thereof, after "For the acquisition of land, waters, or interests in land or waters" the following: ", or wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan"; and (3) in subsection (fK3), by adding at the end thereof the following: ": Provided, That wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within that same State that is otherwise acceptable to the Secretary, acting through the Director of the National Park Service, shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.".

SEC. 304. FEDERAL ACQUISITION. 16 USC 3922.

The Secretary is authorized to purchase wetlands or interests in wetlands, which are not acquired under the authority of the Migratory Bird Conservation Act of 1929 (16 U.S.C. 715-715s), consistent with the wetlands priority conservation plan established under section 301.

16 USC 3923.

SEC. 305. RESTRICTION ON USE OF EMINENT DOMAIN IN ACQUISITIONS.

Agriculture and agricultural commodities.

The powers of condemnation or eminent domain shall not be used in the acquisition of wetlands under any provision of this Act where such wetlands have been constructed for the purpose of farming or ranching, or result from conservation activities associated with farming or ranching. TITLE IV—WETLANDS INVENTORY AND TREND ANALYSIS SEC. 401. NATIONAL WETLANDS INVENTORY PROJECT.

16 USC 3931.

Alaska. Reports.

State and local governments.

(a) IN GENERAL.—The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall continue the National Wetlands Inventory Project and shall— (1) produce, by September 30, 1988, National Wetlands Inventory maps for the areas that have been identified by the Service as top priorities for mapping, including— v ! (A) the entire coastal zone of the United States; (B) floodplains of major rivers; and
 * s i

(C) the Prairie Pothole region; (2) produce, by September 30, 1998, National Wetlands InvenI tory maps for those portions of the contiguous United States for which final maps have not been produced earlier; (3) produce, as soon as practicable. National Wetlands Inventory maps for Alaska and other noncontiguous portions of the United States; and (4) produce, by September 30, 1990, and at ten-year intervals thereafter, reports to update and improve the information con"• tained in the report dated September 1982 and entitled "Status and Trends of Wetlands and Deepwater Habitat in the Coterminous United States, 1950's to 1970's". (b) NOTICE.—The Secretary shall notify the appropriate State and local units of government at such time as he proposes to begin map preparation under subsection (a) in an area. Such notice shall include, but is not limited to, the identification of the area to be mapped, the proposed schedule for completion, and the identification of a source for further information.

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 PUBLIC LAW 99-645—NOV. 10, 1986 SEC. 402. REPORTS TO CONGRESS.

100 STAT. 3589 16 USC 3932.

(a) IN GENERAL.—The Secretary, in consultation and cooperation with the Secretary of Agriculture, shall prepare and submit to the committees— (1) by March 30, 1987, a report regarding the status, condition, and trends of wetlands in the lower Mississippi alluvial plain and the prairie pothole regions of the United States; and (2) by September 30, 1987, a report regarding trends of wetlands in all other areas of the United States. OD) CONTENTS OF REPORTS.—The reports required under subsection (a) shall contain— (1) an analysis of the factors responsible for wetlands destruction, degradation, protection and enhancement; (2) a compilation and analysis of Federal statutory and regu- Taxes. latory mechanisms, including expenditures, financial assistance, and tax provisions which— (A) induce wetlands destruction or degradation; or (B) protect or enhance wetlands; (3) a compilation and analysis of Federal expenditures resulting from wetlands destruction, degradation, protection or enhancement; (4) an analysis of public and private patterns of ownership of wetlands; (5) an analysis of the environmental and economic impact of eliminating or restricting future Federal expenditures and financial assistance, whether direct or indirect, which have the effect of encouraging the destruction, degradation, protection or enhancement of wetlands, including— (A) public works expenditures; (B) assistance programs such as price support programs, Loans. commodity loans and purchase programs and disaster assistance programs; (C) soil conservation programs; and Taxes. (D) certain income tax provisions; (6) an analysis of the environmental and economic impact of Taxes. failure to restrict future Federal expenditures, financial assistance, and tax provisions which have the effect of encouraging the destruction, degradation, protection or enhancement of wetlands, including— (A) assistance for normal silviculture activity (such as Agriculture and plowing, seeding, planting, cultivating, minor drainage, or agricultural harvesting for the production of fiber or forest products); commodities. (B) Federal expenditures required incident to studies, Forests and evaluations, design, construction, operation, maintenance, forest products. or rehabilitation of Federal water resource development activities, including channel improvements; (C) the commodity loans and purchases program and Loans. cotton, feed grain, wheat, and rice production stabilization Agriculture and agricultural programs administered by the Department of Agriculture; commodities. " and (D) Federal expenditures for the construction of publicly Highways. owned or publicly operated highways, roads, structures, or facilities that are essential links in a larger network or system; and (7) recommendations for the conservation of wetlands re- State and local sources based on an evaluation and comparison of all manage- governments.

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 100 STAT. 3590

PUBLIC LAW 99-645—NOV. 10, 1986 ment alternatives, and combinations of management alternatives, such as State and local actions, Federal actions, and initiatives by private organizations and individuals. TITLE V—MISCELLANEOUS PROVISIONS

16 USC 668dd note.

SEC. 501. MIGRATORY BIRD TREATY ACT.

Section 6(b) of the Act of July 3, 1918 (16 U.S.C. 707(b)) is amended by deleting "shall" the first place it appears therein and by inserting in lieu thereof "shall knowingly". SEC. 502. BAYOU SAUVAGE URBAN NATIONAL WILDLIFE REFUGE.

(a) PURPOSES OF REFUGE.—The purposes of the Bayou Sauvage Urban National Wildlife Refuge are— (1) to enhance the populations of migratory, shore, and wading birds within the refuge; (2) to encourage natural diversity of fish and wildlife species within the refuge; (3) to protect the endangered and threatened species and otherwise to provide for the conservation and management of fish and wildlife within the refuge; (4) to fulfill the international treaty obligations of the United States respecting fish and wildlife; (5) to protect the archeological resources of the refuge; (6) to provide opportunities for scientific research and environmental education, with emphasis being given to the ecological and other values of wetlands; and (7) to provide opportunities for fish and wildlife oriented public uses and recreation in an urban setting. (b) ACQUISITION AND ESTABLISHMENT OF REFUGE.— Louisiana.

Federal Register, publication.

(1) ACQUISITION.—Within four years after the effective date of this section the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") shall acquire the approximately nineteen thousand acres of lands and waters, and interests therein, located in Orleans Parish, Louisiana, that are depicted on the map entitled "Bayou Sauvage Urban National Wildlife Refuge", dated September 15, 1986, and on file at the United States Fish and Wildlife Service, Department of the Interior. The lands and waters, and interests therein, acquired under this paragraph comprise the Bayou Sauvage Urban National Wildlife Refuge. The acquisition shall be made through donation, purchase with donated or appropriated funds, or exchange, or through any combination of the foregoing. (2) ESTABLISHMENT.—At such time as sufficient lands and waters, and interests therein, have been acquired under paragraph (1) to constitute an initial area that can be administered to carry out the purposes set forth in subsection (a), the Secretary shall establish the Bayou Sauvage Urban National Wildlife Refuge by publication of notice to that effect in the Federal Register. (3) BOUNDARY ADJUSTMENTS.—The Secretary may make such adjustments with respect to the boundary of the Bayou Sauvage Urban National Wildlife Refuge as may be necessary to facilitate the acquisition of lands and waters, and interests therein, for the refuge and to.facilitate the administration of the refuge. (c) ADMINISTRATION OF REFUGE.—The Secretary shall administer all lands and waters, and interests therein, acquired under subsec-

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Page:United States Statutes at Large Volume 100 Part 5.djvu/117

 PUBLIC LAW 99-645—NOV. 10, 1986

100 STAT. 3591

tion (b) in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) to carry out the purposes set forth in subsection (a). The Secretary may utilize such additional statutory authority as may be available to him for the conservation and development of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive environmental education as he considers appropriate to carry out such purposes. Within two years after the effective date of this section, the Secretary shall complete a master plan for the development of the Bayou Sauvage Urban National Wildlife Refuge. (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Department of the Interior— (1) from funds not otherwise appropriated from the Land and Water Conservation Fund, such sums as may be necessary for the acquisition of lands and waters, and interests therein, for the Bayou Sauvage Urban National Wildlife Refuge; and (2) $5,000,000 for the development of the refuge. The moneys appropriated under subparagraphs (1) and (2) shall remain available until expended. (e) EFFECTIVE DATE.—This section takes effect on the later of the date of enactment of this Act or October 1, 1986. Approved November 10, 1986.

LEGISLATIVE HISTORY—S. 740 (H.R. 1203): HOUSE REPORTS: No. 99-86, Pt. 1, accompanying H.R. 1203 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS: No. 99-445 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 3, considered and passed Senate. Oct. 14, considered and passed House.

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 100 STAT. 3592

PUBLIC LAW 99-646—NOV. 10, 1986

Public Law 99-646 99th Congress An Act Nov. 10, 1986 [S. 1236] Criminal Law and Procedure Technical Amendments Act of 1986. 18 USC 1 note.

To amend title 18 of the United States Code and other laws to make minor or technical amendments to provisions enacted by the Comprehensive Crime Control Act of 1984, and for other purposes.

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

This Act may be cited as the "Criminal Law and Procedure Technical Amendments Act of 1986". SEC. 2. STYLISTIC CORRECTION.

18 USC 3673 note.

(a) IN GENERAL.—Section 3673 of title 18, United States Code, is amended— (1) by redesignating paragraphs (a) through (c) as paragraphs (1) through (3), respectively; and (2) by inserting the term" before each open quotation mark. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the taking effect of section 3673 of title 18, United States Code. SEC. 3. CONFORMING REPEAL.

(a) IN GENERAL.—Section 4216 of title 18, United States Code, is repealed. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 311 of title 18, United States Code, is amended by striking out the item related to section 4216. SEC. 4. CROSS REFERENCE CORRECTION.

18 USC 3551 note.

Section 992(c) of title 28, United States Code, is amended by striking out "section 225(a)(l)(B)(ii) of the Sentencing Reform Act of 1983" and inserting in lieu thereof "section 235(a)(l)(B)(ii) of the Sentencing Reform Act of 1984". SEC. 5. REPEAL OF OBSOLETE PROVISION.

Section 993(b)(2) of title 28, United States Code, is amended by striking out the sentence beginning "Before the appointment". SEC. 6. SENTENCING COMMISSION. (a) RESIDENCE REQUIREMENT WAIVED FOR MEMBERS.—Section 992

of title 28, United States Code, is amended by adding at the end the following: "(d) Sections 44(c) and 134(b) of this title (relating to the residence of judges) do not apply to any judge holding a full-time position on the Commission under subsection (c) of this section.". (b) DUTIES.—Section 994 of title 28, United States Code, is amended— (1) in subsection (h), by striking out "by section 3581(b) of title 18, United States Code,''; (2) in each of subsections (h) and (i), by striking out "will"; and

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 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3593

(3) in subsection (t)— (A) by inserting "in what circumstances and" after "specify"; and (B) by striking out "that are outside the applicable guideline ranges". SEC. 7. PRESENTENCE REPORTS.

''

'

(a) IN GENERAL.—Section 3552 of title 18, United States Code, is amended— (1) in the third sentence of subsection (b), by striking out "take" and inserting "be" in lieu thereof; (2) in the eighth sentence of subsection (b), by inserting ", if the defendant is in custody," after "the United States marshal shall"; and (3) in subsection (c), by striking out "it may" and all that J ' follows through "4247." and inserting in lieu thereof "the court ^ may order the same psychiatric or psychological examination '^'-'• and report thereon as may be ordered under section 4244(b) of this title.". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3552 take effect on the date of the taking effect of section 3552 of title 18, note. United States Code. SEC. 8. RESTITUTION ORDERS.

(a) IN GENERAL.—Section 3553(c) of title 18, United States Code, is amended by striking out "If the sentence does not include an order .. of restitution" and inserting in lieu thereof "If the court does not order restitution, or orders only partial restitution". (b) CONFORMING AMENDMENT.—Section 3579(a) of title 18, United ••• ^• States Code, is amended— (1) by striking out "(1)" where it appears after "(a)"; and (2) by striking out paragraph (2). (c) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3553 take effect on the date of the taking effect of section 3553 of title 18, note. United States Code. SEC. 9. SENTENCING IN ABSENCE OF APPLICABLE GUIDELINE.

(a) IN GENERAL.—Section 3553(b) of title 18, United States Code, is amended by adding at the end thereof "In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, the applicable policy statements of the Sentencing Commission, and the purposes of sentencing set i >- • forth in subsection (a)(2).". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 8553 take effect on the date of the taking effect of section 3553 of title 18, note. United States Code. SEC. 10. ELIMINATION OF DISCHARGE OF LIABILITY FOR UNEXECUTED FINE OR OTHER PUNISHMENT IMPOSED BY FULFILLMENT OF PROBATION TERMS AND CONDITIONS.

(a) IN GENERAL.—Section 3561(a) of title 18, United States Code, as added by section 212(a) of the Comprehensive Crime Control Act of -act J - J '• 1984, is amended by striking out the second sentence. (b) EFFECTIVE DATE.—The amendment made by this section shall 18 USC 3561 take effect on the date of the taking effect of such section 3561(a). note.

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 100 STAT. 3594

PUBLIC LAW 99-646—NOV. 10, 1986

SEC. 11. ELIMINATION OF SECTION CROSS REFERENCE RELATING TO AUTHORIZED IMPRISONMENT AS A CONDITION OF PROBATION.

18 USC 3563 "o*«-

(a) IN GENERAL.—Section 3563(b)(ll) of title 18, United States Code, a s added by section 212(a) of the Comprehensive C r i m e Control Act of 1984, is amended by striking o u t " i n section 3581(b)". (b) EFFECTIVE D A T E. — The amendment m a d e by t h i s section shall t a k e effect on the date of the taking effect of such section 3563(b)(ll). SEC. 12. MODIFICATION OF CONDITIONS OF PROBATION. (a) TITLE 18 AMENDMENT.—Section 3563(c) of title 18, United

18 USC app. 18 USC app.

18 USC 3563 "ote18 USC app.

States Code, is amended— (1) by striking out ", after a hearing"; (2) by inserting "the provisions of the Federal Rules of Crimii,,.^ nal Procedure relating to revocation or modification of probation" after "pursuant to". (b) RULES AMENDMENT.—Rule 32.1(b) of the Federal Rules of

Criminal Procedure is amended— (1) by inserting "to be" after "relief; (2) by striking out the period at the end and inserting in lieu thereof ", and the attorney for the government, after having been given notice of the proposed relief and a reasonable opportunity to object, has not objected. An extension of the term of probation is not favorable to the probationer for the purposes of this rule.". (c) EFFECTIVE DATES.—(1) The amendments made by subsection (a) shall take effect on the date of the taking effect of such section 3563(c). (2) The amendments made by subsection (b) shall take effect 30 days after the date of enactment of this Act. SEC. 13. CONCURRENCE OF SENTENCE OF PROBATION.

State and local governments.

18 USC 3564 note.

(a) IN GENERAL.—Section 3564(b) of title 18, United States Code, as added by section 212(a) of the Comprehensive Crime Control Act of 1984, is amended by striking out the second sentence and inserting in lieu thereof the following: "A term of probation runs concurrently with any Federal, State, or local term of probation, supervised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation. A term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days.". (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the taking effect of such section 3564. SEC. 14. AMENDMENTS RELATING TO SUPERVISED RELEASE.

18 USC 3583 note.

(a) IN GENERAL.—Section 3583(e) of title 18, United States Code, is amended— (1) by striking out "Modiflcation of term or conditions." and thereof; and (2) in paragraph (1), by striking out "previously ordered". (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the taking effect of section 3583 of title 18, United States Code.
 * inserting "Modincation of conditions or revocation." in lieu

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174 at once, for, of course, all the children knew Harry and many also knew Bert.

There were Tom Mason, Jack Hopkins, August Stout, and Ned Prentice in the first crowd, while a number of girls, friends of Nan's, were in another group. Nan, Nellie, and Dorothy had been detained by somebody further up on the road, but were now coming down, slowly.

Such a delight as the ocean was to the country children!

As each roller slipped out on the sands the children unconsciously followed it, and so, many unsuspected pairs of shoes were caught by the next wave that washed in.

"Well, here comes Uncle Daniel!" called Bert, as, sure enough, down to the edge came Uncle Daniel with Dorothy holding on one arm. Nan clinging to the other, while Nellie carried his small satchel.

Santa Claus could hardly have been more welcome to the Bobbseys at that moment than was Uncle Daniel. They simply overpowered him, as the surprise of his coming made the treat so much better. The girls had "dragged


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Page:United States Statutes at Large Volume 100 Part 5.djvu/121

 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3595

SEC. 15. DUTIES OF PROBATION OFFICER

(a) IN GENERAL.—Section 3603 of title 18, United States Code, is amended— (1) by redesignating paragraphs (a) through (h) as paragraphs (1) through (8), respectively; 1(2) in paragraph (6) as so redesignated— ' (A) by striking out "supervise" and inserting "assist in the supervision o f in lieu thereof; and (B) by inserting a comma after "about". (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 3603 take effect on the date of the taking effect of section 3603 of title 18, note. United States Code. SEC. 16. CREDIT TOWARD SERVICE OF TERM OF IMPRISONMENT.

(a) IN GENERAL.—Subsection (b) of section 3624 of title 18, United States Code, as added by section 212(a) of the Comprehensive Crime Control Act of 1984, is amended by striking out after" the first place it appears and inserting "at the end of' in lieu thereof. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of the taking effect of such section 3624.

98 Stat. 1987. 18 USC 3624 note.

SEC. 17. CONCURRENCE OF RUNNING OF TERM OF SUPERVISED RELEASE.

(a) IN GENERAL.—Subsection (e) of section 3624 of title 18, United States Code, as added by section 212(a) of the Comprehensive Crime Control Act of 1984, is amended— (1) by striking out ". The term" the second place it appears and inserting "and" in lieu thereof; (2) by striking out ", except that it" and inserting ". A term of supervised release" in lieu thereof; g (3) by striking out ", other than during limited intervals as a condition of probation or supervised release,"; and (4) by inserting before the period at the end of the third sentence the following: "unless the imprisonment is for a period of less than 30 consecutive days". (b) EFFECTIVE DATE.—The amendment made by this section shall 18 USC 3624 take effect on the date of the taking effect of such section 3624. note. SEC. 18. PERMANENT AMENDMENT RELATING TO DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE.

(a) IN GENERAL.—The section of title 18, United States Code, that is redesignated section 3672 by section 212(a) of the Comprehensive Crime Control Act of 1984 is amended by adding at the end thereof: Post, p. 3600. "He shall have the authority to contract with any appropriate Alcohol and public or private agency or person for the detection of and care alcoholic in the community of an offender who is an alcohol-dependent beverages. drug Drugs and person, or an addict or a drug-dependent person within the abuse. meaning of section 2 of the Public Health Service Act (42 U.S.C. Contracts. 201). This authority shall include the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict, or drug-dependent person by eliminating his dependence on alcohol or addicting drugs, or by controlling his dependence and his susceptibility to addiction. He may nego^ tiate and award such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).

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Page:United States Statutes at Large Volume 100 Part 5.djvu/122

 100 STAT. 3596 Prisoners. Health and medical care. 18 USC 3552. 18 USC 3672 note.

PUBLIC LAW 99-646—NOV. 10, 1986

"He shall pay for presentence studies and reports by qualified consultants and presentence examinations and reports by psychiatric or psychological examiners ordered by the court under subsection (b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons.", (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of the taking effect of such redesignation. SEC. 19. INTERIM AMENDMENT RELATING TO DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE.

Alcohol and alcoholic beverages. Drugs and drug abuse. Contracts.

The second paragraph of section 4255 of title 18, United States Code, is amended to read as follows: "The Director of the Administrative Office of the United States Courts shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). Such authority includes the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict, or drug-dependent person by eliminating that person's or addict's dependence on alcohol or addicting drugs, or by controlling that person's or addict's dependence and susceptibility to addiction. Such Director may negotiate and award such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).". SEC. 20. POWER TO ORDER RESTITUTION IN LIEU OF OTHER SENTENCES.

18 USC 3551 note. 18 USC 3556 note. 98 Stat. 1987.

(a) SECTION 3579 AMENDMENT.—Section 3579(a)(l) of title 18, United States Code, is amended by inserting ", in the case of a misdemeanor," after "in addition to or". (b) SECTION 3556 AMENDMENT.—Section 3556 of title 18, United States Code, as amended by the Sentencing Reform Act of 1984, is amended by striking out "under this title" and all that follows through the end of such section and inserting in lieu thereof "may order restitution in accordance with sections 3663 and 3664.". (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the taking effect of section 212(a)(2) of the Sentencing Reform Act of 1984. -SEC. 21. JUVENILE DISPOSITIONAL HEARING.

(a) IN GENERAL.—Section 5037 of title 18, United States Code, as amended by section 214 of the Comprehensive Crime Control Act of 1984, is amended— (1) in subsection (a), by striking out "(e)" and inserting "(d)" in lieu thereof; (2) in subsection (c)(l)(B), by striking out "by section 3581(b)"; (3) in subsection (c)(2)(B), by striking out "by section 3581(b)"; and (4) in subsection (c), by adding the following at the end thereof: "Section 3624 is applicable to an order placing a juvenile under detention.".

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 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3597

(b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date the amendments made by such section 214 take effect. SEC. 22. ELIMINATION OF CROSS REFERENCE. (a) IN GENERAL.—Section 341 of the Public Health Service Act (42 U.S.C. 257(a)) is amended by striking out "and who are not sentenced to treatment under the Narcotic Addict Rehabilitation Act of 1966". (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date the amendments made by section 232(a) of the Comprehensive Crime Control Act of 1984 take effect. SEC. 23. REDESIGNATION OF SUBSECTIONS. Section 1963 of title 18, United States Code, is amended— (1) in subsection (c) by striking out "(m)" and inserting in lieu thereof "(1)"; (2) in subsection (j) by striking out "(m)" and inserting in lieu f thereof "(1)"; and ' (3) by redesignating subsections (e), (f), (g), (h), (i), (j), (k), (1), ' and (m), as subsections (d), (e), (f), (g), (h), (i), (j), (k), and (1), respectively. SEC. 24. OFFENDERS WITH MENTAL DISEASE OR DEFECT. Subdivision (c) of Rule 12.2 of the Federal Rules of Criminal Procedure is amended by inserting "4241 or" before "4242". SEC. 25. CORRECTION OF WRONG WORD USE. (a) IN GENERAL.—Rule 32(c)(2)(B) of the Federal Rules of Criminal Procedure is amended by striking out "than" and inserting "from" in lieu thereof. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the taking effect of the amendment made by section 215(a)(5) of the Comprehensive Crime Control Act of 1984. SEC. 26. SOLICITATION OFFENSE. Section 373 of title 18, United States Code, is amended— (1) by striking out "the person or property of another" and inserting in lieu thereof "property or sigainst the person of another"; and (2) by inserting "life imprisonment or" before "death". SEC. 27. FORFEITURE FUND. (a) Section 524(c)(l)(E) of title 28, United States Code, is amended— (1) by inserting "the Federal Bureau of Investigation, the United States Marshals Service," after "for official use by"; and (2) by inserting a comma before "or". (b) Paragraph (4) of section 524(c) of title 28 of the United States Code is amended by striking out "remaining after the payment of expenses for forfeiture and sale authorized by law" and inserting in lieu thereof ", except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))".

18 USC 5037 gg^gj.^^. 2013

42 USC 3401 "g^g^. 257 n te "° ' 42 USC 257.

^^, -.t -t *

isUSC app.

18 USC app.

18 USC app.

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 100 STAT. 3598

PUBLIC LAW 99-646—NOV. 10, 1986

SEC. 28. INSERTION OF MISSING WORD.

rr

^'^

Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b)) is amended by inserting "parole" after "(2) at least three times any special". SEC. 29. RENUMBERING OF SECTION IN CHAPTER 65.

18 USC 1361 et
 * ^9-

(a) IN GENERAL.—Chapter 65 of title 18 of the United States Code is amended by redesignating the section 1365 relating to destruction of an energy facility as section 1366. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by striking out "1365" the second place it appears and inserting in lieu thereof "1366". SEC. 30. REGISTRATION OF FOREIGN AGENTS.

22 USC 611.

District of Columbia.

Section 219 of title 18, United States Code, is amended— (1) so that the first paragraph reads as follows: "(a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both."; (2) by redesignating the second and third paragraphs as subsection (b) and (c), respectively; and i jg; (3) in the last paragraph by striking out "the Delegate from the District of Columbia" and inserting in lieu thereof "Delegate", and by striking out ", or a juror". ,T^r p.

SEC. 31. RENUMBERING OF SECTION IN CHAPTER 25.

(a) IN GENERAL.—Chapter 25 of title 18 of the United States Code is amended— (1) by redesignating section 511 relating to securities of States and private entities as section 513; and q;;c 5PU 8i (2) transferring the section so redesignated so that such section appears after section 512 (relating to forfeiture of certain motor vehicles and motor vehicle parts). (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 25 of title 18 of the United States Code is amended— (1) by striking out "510. Securities of the State private entities."; and (2) by adding at the end the following: "513. Securities of the States and private entities.".

1.-.'"

'..- *.

SEC. 32. ELIMINATION OF SUPERFLUOUS CROSS-REFERENCE.

Section 3731 of title 18, United States Code, is amended by striking out the fifth paragraph. SEC. 33. CORRECTION OF CLERICAL ERROR AND DESIGNATION OF SUBSECTIONS.

Ante, p. 1858.

(a) CORRECTION OF CLERICAL ERROR.—The first paragraph of section 2232 of title 18, United States Code, is amended by inserting "not" after "imprisoned". (b) DESIGNATION OF SUBSECTIONS.—Section 2232 of title 18, United States Code, is amended— (1) by designating the first paragraph as subsection (a); and (2) by designating the second paragraph as subsection (b).

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100 STAT. 3599

SEC. 34. RENUMBERING OF SECTION IN CHAPTER 1.

(a) IN GENERAL.—Section 20 of title 18, United States Code, is redesignated as section 17. 0)) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by striking out "20" and inserting "17" in lieu thereof. SEC. 35. COORDINATING EFFECTIVE DATES FOR INITIAL SET OF SENTENCING GUIDELINES AND THE NEW SENTENCING CHAPTERS OF TITLE 18.

Section 235(a)(l)(B) of the Comprehensive Crime Control Act of 18 USC 3551 1984 is amended— note. (1) in clause (i), by striking out "the chapter" and inserting "such chapter 58" in lieu thereof; and ,ix gr (2) in clause (ii)— (A) by striking out ", and the provisions of sections 3581, s- ; 3583, and 3624 of title 18, United States Code,"; (B) by striking out "the day after"; ,j I (C) in subclause (III), by inserting "the day after" before "the Congress"; and to m.' (D) so that subclause (IV) reads as follows: "(IV) section 212(a)(2) takes effect, in the case of the 98 Stat. 1987. initial sentencing guidelines so promulgated.". SEC. 36. CLERICAL CORRECTIONS TO SECTION 1201 OF TITLE 18.

Section 1201(a) of title 18, United States Code, is amended— (1) by striking out "when:" and inserting "when—" in lieu thereof; (2) so that the margin of paragraph (5) is aligned with the margin of paragraphs (1) through (4); (3) by striking out "The" in paragraph (5) and inserting "the" in lieu thereof; and (4) by striking out "his official duties," and inserting "official duties;" in lieu thereof. SEC. 37. CROSS REFERENCE DETAIL.

(a) PENALTY CROSS REFERENCE.—Paragraph (2) of section 1150t>) of Kidnapping, title 18, United States Code, is amended by inserting "for the kidnapping or attempted kidnapping of a person described in section ' 1201(a)(5) of this title^' after "section 1201 of this title". (b) INCLUSION OF CERTAIN ATTEMPTS IN 1201 CROSS REFERENCE.—

Section 1201(d) of title 18, United States Code, is amended by inserting "or (a)(5)" after "subsection (a)(4)". SEC. 38. GENERAL DEFINITION OF ORGANIZATION.

^

(a) IN GENERAL.—Chapter 1 of title 18, United States Code, is amended by adding after the section redesignated by section 23 the following: "§ 18. Organization defined 18 USC 18. "As used in this title, the term 'organization' means a person other than an individual.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following: "18. Organization defined.".

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SEC. 39. CREDITING OF MARSHAL'S FEES.

'

(a) IN GENERAL.—Section 1921 of title 28, United States Code, is amended— (1) by striking out "Only" and inserting in lieu thereof "(a) Except as otherwise provided by law, only"; (2) by striking out, except as otherwise provided"; (3) by inserting "(1)" before "For" the first place it appears; .^J, (4) by inserting "(2)" before "For" the second place it appears; (6) by inserting "(4)" before "For" the fourth place it appears; /;r, leij -r lo (7) by inserting "(5)" before "For" the fifth place it appears; > ptj (8) by inserting "(6)" before "For" the sixth place it appears; ?"" (9) by inserting "(7)" before "For" the seventh place it appears; (10) by inserting "(8)" before "For" the eighth place it appears; (11) by inserting "(9)" before "For" the ninth place it appears; (12) by inserting "(b)(D" before "No mileage fees"; (13) by inserting "(2)" before "The marshal may require a deposit to cover"; (14) by striking out each semicolon that appears at the end of i'S(.1. '3; a paragraph and inserting in lieu thereof a period; and (15) by adding at the end the following: "(c) Notwithstanding section 3302 of title 31, the United States Marshals Service is authorized, to the extent provided in advance in appropriations Acts— "(1) to credit to such Service's appropriation all fees, commissions, and expenses collected by such Service for— .k:. "(A) the service of civil process, including complaints, summonses, subpoenas, and similar process; and "M' "(B) seizures, levies, and sales associated with judicial orders of execution; and "(2) to use such credited amounts for the purpose of carrying out such activities.". 28 USC 1921 (b) EFFECTIVE DATE.—The amendments made by this section shall note. takeeffect30daysafterthedateof enactment of this Act. ^
 * '" * (5) by inserting "(3)" before "For" the third place it appears;

'

Ante, p. 899.

SEC. 40. CROSS REFERENCE ELIMINATION.

Section 3671(a) in chapter 232 of title 18, United States Code, that relates to special forfeiture of collateral profits of crime is amended by striking out "chapter 227 or 231 o f. SEC. 4L REDESIGNATION OF DUPLICATE SECTIONS AND CHAPTER

Ante, p. 3595.

sx D5^;n

(a) SECTION REDESIGNATION.—Sections 3671 and 3672 in chapter 232 of title 18, United States Code, that relates to special forfeiture of collateral profits of crime are redesignated as sections 3681 and 3682, respectively. (b) CLERICAL AMENDMENT.—The table of sections a t the beginning of the chapter 232 of title 18, United States Code, that relates to special forfeiture of collateral profits of crime is amended by striking out "3671" and "3672" and inserting in lieu thereof "3681" and "3682", respectively. (c) CHAPTER DESIGNATION.—Chapter 232 of title 18, United States Code, that relates to special forfeiture of collateral profits of crime is redesignated as chapter 232A. (d) TABLE OF CHAPTERS.—The table of chapters at the beginning of

part II of title 18, United States Code, is amended by striking out the

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item relating to chapter 232 which relates to special forfeiture of collateral profits of crime and inserting in lieu thereof the following: "232A. Special forfeiture of collateral profits of crime

3681".

SEC. 42. REDESIGNATION OF SECTION.

(a) IN GENERAL.—Chapter 113 of title 18, United States Code, is 18 USC 2311 et amended by redesignating the section 2320 that was enacted by seq. Public Law 98-547 as section 2321. 98 Stat. 2770. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 113 of title 18, United States Code, is amended by striking out "2320" the second place it appears and inserting in lieu thereof "2321". SEC. 43. ACCESSORY AFTER THE FACT.

Section 3 of title 18, United States Code, is amended by inserting "life imprisonment or" after "or if the principal is punishable by '. SEC. 44. CORRECTION OF ERRONEOUS CROSS REFERENCES.

(a) SECTION 1028 AMENDMENT.—Section 1028(e) of title 18, United States Code, is amended by striking out "title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)" and inserting in lieu thereof "chapter 224 of this title". (b) SECTION 1029 AMENDMENT.—Section 1029(f) of title 18, United States Code, is amended by striking out "title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)" and inserting in lieu thereof "chapter 224 of this title". 18 USC 3521 et SEC. 45. CROSS REFERENCE CORRECTION.

Section 3076 of title 18, United States (Dode, is amended by striking out "title V of the Organized Crime Control Act of 1970" and 18 USC note inserting in lieu thereof "chapter 224 of this title". P^ec- 3481. SEC. 46. INCLUSION OF CERTAIN DELEGATES TO CONGRESS IN BRIBERY PROHIBITION.

(a) SUBSECTION (a) AMENDMENTS.—Section 201(a) of title 18, United States C!ode, is amended— (1) by striking out "section:" and inserting "section—" in lieu ''•' thereof; (2) in the first undesignated paragraph— District of (A) by inserting "(1) the term" before " 'public official' "; Columbia. (B) by striking out "the Delegate from the District of Columbia," and inserting "Delegate," in lieu thereof; (C) by striking out "after he has qualified," and inserting "after such official has qualified, in lieu thereof; and iJB' (D) by striking out "juror; and" and inserting "juror;" in lieu thereof; ,a (3) in the second undesignated paragraph— (A) by inserting "(2) the term" before " 'person"; and (B) by striking out "he will be" and inserting "such ism^ p|erson will be" in lieu thereof; and (4) in the third undesignated paragraph— (A) by inserting "(3) the term before " 'official act' "; and (B) by striking out "in his official capacity, or in his" and inserting "in such official's official capacity, or in such official's" in lieu thereof; (b) SUBSECTION (b) AMENDMENTS.—Section 201(b) of title 18, United States Code, is amended— (1) by striking out

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 100 STAT. 3602

—

PUBLIC LAW 99-646—NOV. 10, 1986

"(b) Whoever directly" and inserting in lieu thereof the following: "(b) Whoever— "(1) directly"; (2) in paragraph (3), by striking out "his lawful duty; or" and '^ inserting "the lawful duty of such official or person;" in lieu thereof; and (3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins so that such subparagraphs are indented 6 ems. (c) SUBSECTION (C) AMENDMENTS.—Section 201(c) of title 18, United States Code, is amended— (1) by striking out "(c) Whoever, being" and inserting "(2) being" in lieu thereof; (2) by striking out "corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himselr' and inserting in lieu thereof "corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally"; (3) in paragraph (1), by striking out "his performance of any official act; or" and inserting in lieu thereof "the performance of any official act;" (4) in paragraph (3), by striking out "his official duty; or" and inserting in lieu thereof "the official duty of such official or person;'^ and (5) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins so that such subparagraphs are indented 4 ems. (d) SUBSECTION (d) AMENDMENTS.—Section 201(d) of title 18, United States Code, is amended— (1) by striking out "(d) Whoever, directly" and inserting "(3) directly" in lieu thereof; and (2) by striking out "therefrom; or" and inserting "therefrom;" in lieu thereof; (e) SUBSECTION (e) AMENDMENTS.—Section 201(e) of title 18, United States Code, is amended— (1) by striking out "(e) Whoever, directly" and inserting "(4) directly"; . r (2) by striking out "asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself' and inserting in lieu thereof "demands, seeks, receives, % accepts, or agrees to receive or accept anything of value I personally"; (3) by striking out "in his testimony" and inserting "in testimony" in lieu thereof; (4) by striking out "therefrom—" and inserting "therefrom;" in lieu thereof; and (5) in the undesignated paragraph— (A) by striking out "Shall and inserting "shall" in lieu thereof; 1) (B) by striking out "$20,000 or"; (C) by striking out "whichever is greater,"; (f) SUBSECTION (f) AMENDMENTS.—Section 201(f) of title 18, United States Code, is amended— (1) by striking out .T?V "(f) Whoever, otherwise" and inserting in lieu thereof the following:

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' "(c) Whoever— "(1) otherwise"; (2) by striking out "official duty, directly" and inserting in lieu thereof the following: "official duty— "(A) directly"; (g) SUBSECTION (g) AMENDMENTS.—Section 201(g) of title 18, United States Code, is amended— (1) by striking out "(g) Whoever, being" and inserting in lieu thereof "(B)being^; (2) by striking out "indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive an3i;hing of value for himself' and inserting in lieu thereof "indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally"; and (3) by striking out "by him; or" and inserting in lieu thereof "by such official or person;"; (h) SUBSECTION (h) AMENDMENTS.—Section 201(h) of title 18, United States Code, is amended— (1) by striking out "(h) Whoever, directly" and inserting in lieu thereof the following: "(2) directly"; and (2) by strilang out "because of his absence therefrom; or" and inserting in lieu thereof "because of such person's absence therefrom;"; (i) SUBSECTION (i) AMENDMENTS.—Section 201(i) of title 18, United States Code, is amended— (1) by striking out "(i) Whoever, directly" and inserting in lieu thereof the following: "(3) directly"; (2) by striking out "asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive" and inserting in lieu thereof "demands, seeks, receives, accepts, or agrees to receive or accept"; (3) by striking out "for himself and inserting "personally" in lieu thereof; (4) by striking out "given by him" and inserting "given by such person" in lieu thereof; (5) by striking out "his absence therefrom—" and inserting "such person's absence therefrom;" in lieu thereof; and (6) in the undesi^ated paragraph— (A) by striking out "Shall" and inserting "shall"; and (B) by striking out "not more than $10,000' and inserting "under this title" in lieu thereof. (j) SUBSECTION (j) AMENDMENTS.—Section 2010) of title 18, United States Code, is amended— (1) by striking out "(j) Subsections (d), (e), (h), and (i)" and inserting in lieu thereof the following: "(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c)"; and (2) by striking out "involving a technical or professional opinion,".

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Rh him" down to the ocean, he said, when he had intended first going to Aunt Emily's.

"I must see the others," he insisted; "Freddie and Flossie."

"Oh, they are all coming down," Nan assured him. "Aunt Sarah, too, is coming."

"All right, then," agreed Uncle Daniel, "I'll wait awhile. Well, Harry, you look like an Indian. Can you see through that coat of tan?"

Harry laughed and said he had been an Indian in having a good time.

Presently somebody jumped up on Uncle Daniel's back. As he was sitting on the sands the shock almost brought him down. Of course it was Freddie, who was so overjoyed he really treated the good-natured uncle a little roughly.

"Freddie boy! Freddie boy!" exclaimed Uncle Daniel, giving his nephew a good long hug. "And you have turned Indian, too! Where's that sea-serpent you were going to catch for me?"

"I'll get him yet," declared the little fellow. "It hasn't rained hardly since we came down,


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PUBLIC LAW 99-646—NOV. 10, 1986

(k) SUBSECTION (k) AMENDMENT.—Section 201(k) of title 18, United States Code, is amended by striking out "(k)The" and inserting in lieu thereof the following: "(e) The". (1) REAUGNMENT AMENDMENT.—Section 201 of title 18, United States Code, as amended by this section is further amended so that the margins of each subsection, and of the paragraphs and subparagraphs of each subsection, are flush, indented 2 ems, and indented 4 ems, respectively. 18 USC 201 note. (m) EFFECTIVE DATE.—The amendments made by this section shall take effect 30 days after the date of enactment of this Act. SEC. 47. INCLUSION OF CERTAIN DELEGATES TO CONGRESS IN PROHIBITION AGAINST RECEIVING COMPENSATION FOR SERVICES RENDERED IN CONNECTION WITH A PROCEEDING IN WHICH THE UNITED STATES IS A PARTY.

District of Coiumbia.

(a) IN GENERAL.—Section 203 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking out "indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any" and inserting in lieu thereof the following: "indirectly— "(1) demands, seeks, receives, accepts, or agrees to receive or accept any"; (B) by striking out "by himself or another—" and inserting in lieu thereof "personally or by another—"; ^« (C) by striking out "(1) at a time when he" "'* and inserting in lieu thereof the following: "(A) at a time when such person"; (D) by Striking out "Delegate from the District of Columbia, Delegate Elect from the District of Columbia," and inserting in lieu thereof "Delegate, Delegate Elect,"; (E) by striking out ^**- "(2) at a time when he" .. and inserting in lieu thereof the following: III 'f. "(B) at a time when such person"; and (F) by striking out "commission, or" and inserting xp "commission; or" in lieu thereof; (2) in subsection (b)— (A) by striking out "0)) Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives," and inserting in lieu thereof the following: "(2) knowingly gives,"; and (B) by striking out "employee—" and inserting "emt'-^n ployee; in lieu thereof; and (C) in the undesignated paragraph, by striking out "Shall be fined not more than $10,000" and inserting in lieu thereof "shall be fined under this title"; (3) in subsection (c)— Ml! (A) by striking out "parties (1) in which he" and inserting in lieu thereof the following: "parties— "(1) in which such employee";

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100 STAT. 3605

T

(B) by striking out "otherwise, or (2) which is pending" and inserting in lieu thereof the following: "otherwise; or "(2) which is pending"; ' (C) by striking out "in which he is serving: Provided, That clause (2)" and inserting "in which such employee is serving except that paragraph (2) of this subsection"; and (D) section 203 of title 18, United States Code, as amended • '' ' = .'.,!'. by this section is further amended so that the margins of each subsection, and of the paragraphs and subparagraphs of each subsection, are flush, indented 2 ems, and indented 4 ems, respectively; and (4) by redesignating subsection (c) as subsection (b). (b) EFFECTIVE DATE.—The amendments made by this section shall 18 USC 203 note. take effect 30 days after the date of enactment of this Act. SEC. 48. CROSS REFERENCE AND INTERNAL SUBSECTION REDESIGNATION.

I Section 1407 of the Victims of Crime Act of 1984 is amended— 42 USC 10604. (1) in subsection (h) by striking out "1302" and inserting in lieu thereof "1402"; and (2) by redesignating subsection (h) as subsection (g). SEC. 49. REPEAL OF SECTION 1410 OF THE VICTIMS OF CRIME ACT OF 1984.

18 USC 3150a.

The Victims of Crime Act of 1984 is amended by striking out section 1410. SEC. 50. VICTIM AND WITNESS RELATED AMENDMENTS.

(a) N E W PREDICATE OFFENSES.—Section 1961(a) of title 18, United State and local States Code, is amended by inserting "section 1512 (relating to governments. tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant)," after "section 1511 (relating to the obstruction of State or local law enforcement),". 0)) RULE OF CONSTRUCTION AS TO LEGAL REPRESENTATION.—Section

1515 of title 18, United States Code, is amended— (1) in the heading of such section, by inserting "; general provision" after "provisions"; (2) by inserting "(a)" before "As"; and (3) by adding at the end the following: "(b) This chapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.". SEC. 51. RELEASE PENDING SENTENCE.

(a) IN GENERAL.—Section 3143 of title 18 of the United States Code is amended— (1) in subsection (b)(2)— nn J (A) by striking out "reversal or" and inserting in lieu thereof, "reversed,"; and (B) by inserting after "trial" the following: ", or a sentence that does not include a term of imprisonment"; and (2) by adding at the end of subsection (c) the following: "Except as provided in subsection (b) of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section 3742, shall—

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PUBLIC LAW 99-646—NOV. 10, 1986

^,

"(1) if the person has been sentenced to a term of imprisonment, order that person detained; and "(2) in any other circumstance, release or detain the person under section 3142.". (b) CONFORMING REPEAL.—The amendment made by section 223(f)(2) of the Comprehensive Crime Control Act of 1984 shall not take effect. (c) EFFECTIVE DATE FOR SUBSECTION (a)(2).—The amendment made by subsection (a)(2) shall take effect on the date of the taking of effect of section 3742 of title 18, United States Code.

18 USC 3142. 18 USC 3143. 18 USC 3143 "°*^-

SEC. 52. REVISION OF PRISON CONTRABAND PROHIBITION.

<
 * 1/ 5

(a) IN GENERAL.—Section 1791 of title 18 of the United States Code is amended to read as follows: "§ 1791. Providing or possessing contraband in prison "(a) OFFENSE.—Whoever—

''^'

"(1) in violation of a statute or a rule or order issued under a
 * i

» 'I statute, provides to an inmate of a prison a prohibited object, or n attempts to do so; or "(2) being an inmate of a prison, makes, possesses, or obtains, or attempts to make or obtain, a prohibited object; shall be punished as provided in subsection (b) of this section. "(b) PUNISHMENT.—The punishment for an offense under this section is a fine under this title or— "(1) imprisonment for not more than 10 years, or both, if the object is specified in subsection (c)(l)(A) of this section; "(2) imprisonment for not more than 5 years, or both, if the object is specified in subsection (c)(l)(B) or (c)(l)(C) of this section; "(3) imprisonment for not more than one year, or both, if the object is specified in subsection (c)(l)(D) or (c)(l)(E) of this secwi tion; and "(4) imprisonment for not more than 6 months, or both, if the object is specified in subsection (c)(l)(F) of this section. "(c) DEFINITIONS.—As used in this section— "(1) the term 'prohibited object' means— "(A) a firearm or destructive device; "(B) ammunition, a weapon (other than a firearm or destructive device), or an object that is designed or intended • « J' to be used as a weapon or to facilitate escape from a prison; "(C) a narcotic drug, lysergic acid diethylamide, or phencyclidine; "(D) a controlled substance (other than a controlled substance referred to in subparagraph (C) of this subsection) or ' • 'J: '/-'. an alcoholic beverage; "(E) any United States or foreign currency; and "(F) any other object that threatens the order, discipline, 1/(1 - or security of a prison, or the life, health, or safety of an individual; "(2) the terms 'ammunition', 'firearm', and 'destructive device' have, respectively, the meanings given those terms in section 921 of this title; "(3) the terms 'controlled substance' and 'narcotic drug' have, respectively, the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802); and

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"(4) the term 'prison' means a Federal correctional, detention, or penal facility.", (b) EFFECTIVE DATE.—The amendment made by this section shall take effect 30 days after the date of the enactment of this Act. SEC. 53. ADDITIONAL CLASS OF INSTITUTIONS ADDED TO MUTINY AND RIOT PROHIBITION. (a) IN GENERAL.—Section 1792 of title 18 of the United States Code is amended by inserting ", detention," after "penal". (b) EFFECTIVE DATE.—The amendment made by this section shall take effect 30 days after the enactment of this Act. SEC. 54. AMENDMENTS TO THE FEDERAL RULES OF CRIMINAL PROCEDURE RELATING TO CONDITIONAL RULING ON MOTION FOR NEW TRIAL AND SENTENCING. (a) CONDITIONAL RUUNG.—Rule 29 of the Federal Rules of Criminal Procedure is amended by adding at the end the following:

18 USC 1791 ^o^e

18 USC 1792 ^°^18 USC app.

"(d) SAME: CONDITIONAL RULING ON GRANT OF MOTION.—If a motion

for judgment of acquittal after verdict of guilty under this Rule is granted, the court shall also determine whether any motion for a new trial should be granted if the judgment of acquittal is thereafter vacated or reversed, specifying the grounds for such determination. If the motion for a new t r i ^ is granted conditionally, the order thereon does not affect the finality of the judgment. If the motion for a new trial has been granted conditionally and the judgment is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. If such motion has been denied conditionally, the appellee on appeal may assert error in that denial, and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.". 0)) EFFECTIVE DATE.—The amendments made by this section shall take effect 30 days after the date of the enactment of this Act. SEC. 55. STYLE CORRECTIONS TO CHAPTER 207 OF TITLE 18 AND ADDITION OF PSYCHOLOGICAL TREATMENT TO LIST OF TREATMENTS WHICH MAY BE REQUIRED AS CONDITION OF RELEASE UNDER THAT CHAPTER (a) CHAPTER AMENDMENT.—Chapter 207 of title 18, United States 18 USC 3i4i et Code, is amended by striking out "pursuant to the provisions o f *^9each place it appears and inserting "under" in lieu thereof. 0)) SECTION 3141 AMENDMENTS.—Section 3141(a) of title 18, United States Code, is amended— (1) by striking out "who is"; (2) by striking out "pursuant to section" and inserting "under section" in lieu thereof; (3) by inserting "before whom an arrested person is brought" after'k)f this title"; (4) by striking out "an arrested" and inserting "such" in lieu thereof; and (5) by striking out "who is brought before him". (c) SECTION 3142 AMENDMENTS.—Section 3142 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking out "his"; and (ii) by inserting "of this section" after "subsection (b)";

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 100 STAT. 3608

PUBLIC LAW 99-646—NOV. 10, 1986 (B) in paragraph (2), by inserting "of this section" after "subsection (c)"; (C) in paragraph (3), by inserting "of this section" after "subsection (d)"; (D) in paragraph (4), by inserting "of this section" after "subsection (e)"; (2) in subsection (b), by striking out "his" each place it appears; (3) in subsection (c)— (A) by inserting "(1)" before "If the judicial officer"; (B) by inserting "of this section" after "subsection (b)"; (C) by striking out "he" each place it appears and inserting "such judicial officer" in lieu thereof; (D) by striking out "his" each place it appears; (E) in paragraph (2)(A), by striking out "supervise him" and insert in lieu thereof "assume supervision; (F) in paragraph (2)(J), by inserting ", psychological," after "medical; (G) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) respectively; (H) by redesignating subparagraphs (A) through (N) as clauses (i) through (xiv) respectively; (I) by designating the next to last sentence as paragraph (2); and (J) by designating the last sentence as paragraph (3); (4) in subsection (d)— (A) by striking out "he" the first place it appears and inserting "such judicial officer" in lieu thereof; (B) by striking out "the person" and inserting "such person' in lieu thereof; (C) by inserting "of this subsection" after "paragraph (I)(B)"; and (D) by striking out "that he is" and all that follows through "lawfully admitted" and inserting "such person's United States citizenship or lawful admission"; (5) in subsection (e)— (A) by inserting "of this section" after "subsection (f)"; (B) by striking out "described in (f)(1)" and inserting "described in subsection (fKD of this section" in lieu thereof; (C) by inserting "of this section" after "subsection (f)(D" each place it appears; (D) by inserting "of this subsection" after "paragraph (1)" each place it appears; (E) by striking out "prior to" and inserting "before" in lieu thereof; (F) by striking out "he" and inserting "such judicial officer" in lieu thereof; and (G) by striking out "the judge" and inserting "such judicial officer" in lieu thereof; (6) in subsection (f)— (A) by inserting "of this section" after "subsection (c)"; (B) by striking out "in a case"; (C) in paragraph (1), by inserting "in a case" after "Government,'; (D) in paragraph (I)(D), by inserting "of this paragraph" after "(C)" each place it appears;

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 PUBLIC LAW 99-646—NOV. 10, 1986

100 STAT. 3609

(E) in paragraph (2)— (i) by striking out "Upon" and inserting "upon" in lieu thereof; and (ii) by inserting "in a case" after "own motion,"; (F) by striking out "on his own motion" and inserting "sua sponte" in lieu thereof; (G) by striking out "whether he is an addict" and inserting "whether such person is an addict" in lieu thereof; (H) by striking out "the person" and inserting "such person" in lieu thereof; (I) by striking out "he is financially" and inserting "financially" in lieu thereof; (J) by striking out "for him"; and (K) by striking out "on his own behalf; (7) in subsection (g)— (A) in paragraph (3)— (i) in subparagraph (A), by striking out "his" and inserting "the person's" in lieu thereof; and (ii) in subparagraph (B), by striking out "he" and inserting "the person" in lieu thereof; and (B) in paragraph (4), by inserting "of this section" after "(c)(2)(L)"; ' (8) in subsection (h)— (A) by inserting "of this section" after "(c)"; and (B) in paragraph (2)(C), by striking out "the provisions of; and (9) in subsection (i)— (A) by inserting "of this section" after "(e)"; and (B) by striking out "his". (d) SECTION 3143 AMENDMENTS.—Section 3143 of title 18, United States Code, is amended— (1) in subsections (a) and (b)(1), by striking out "pursuant to" each place it appears and inserting "under" in lieu thereof; (2) in subsections (a), (b), and (c), by striking out "the provisions o f each place it appears; (3) in subsection (b), by inserting "of this title" after "(c)" each place it appears; (4) by striking out "he" each place it appears and inserting "such judicial officer" in lieu thereof; and (5) in subsection (c), by inserting "of this title" after "3142". (e) SECTION 3144 AMENDMENTS.—Section 3144 of title 18, United States Code, is amended— (1) by striking out "subpena" and inserting "subpoena" in lieu thereof; and (2) by inserting "of this title" after "3142". (f) SECTION 3146 AMENDMENTS.—Section 3146 of title 18, United States Code, is amended— (1) by striking out subsection (a) and all that follows through subsection (b) and inserting in lieu thereof the following: "(a) OFFENSE.—Whoever, having been released under this chapter knowingly— "(1) fails to appear before a court as required by the conditions of release; or "(2) fails to surrender for service of sentence pursuant to a court order; shall be punished as provided in subsection (b) of this section.

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