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"(5) The fees, revenues, costs, and profits obtained or incurred by the contractor as a result of the required dissemination of information from the system to the public under the EDGAR contract, except that the information required under this paragraph (A) need be obtained from the contractor no more frequently than once each year, and (B) may be submitted to the Congress as a separate confidential document. "(6) Such other information or recommendations as the Commission considers appropriate. "(c) On or before the date the Commission enters into the contract for the EDGAR system, the Commission shall submit to the Committees on Banking, Housing, and Urban Affairs and Governmental Affairs of the Senate and the Committees on Energy and Commerce and Government Operations of the House of Representatives a certification by the Commission— "(1) of the total contract costs to the Federal Government of the EDGAR system for each of the 3 succeeding fiscal years; "(2) that the Commission has analyzed the quantitative and qualitative benefits to be obtained by the establishment and operation of the system and has determined that such benefits justify the costs certified pursuant to paragraph (1); "(3) that (A) the contract requires the contractor to establish a schedule for the implementation of the system; (B) the Commission has reviewed and approved that schedule; and (C) the contract contains adequate assurances of contractor compliance with that schedule; "(4) of the capabilities which the system is intended to provide and of the competence of the contractor and of Commission personnel to implement those capabilities; and "(5) that mandatory filings from a significant test group of registrants will be received and reviewed by the Commission for a period of at least six months before the adoption of any rule requiring mandatory filing by all registrants. "(d) The Commission, by rule or regulation— "(1) shall provide that any information in the EDGAR system that is required to be disseminated by the contractor— "(A) may be sold or disseminated by the contractor only is pursuant to a uniform schedule of fees prescribed by the Commission; A-rtT "(B) may be obtained by a purchaser by direct interconnection with the EDGAR system; II,. • "(C) shall be equally available on equal terms to all persons; and "(D) may be used, resold, or redisseminated by any person who has lawfully obtained such information without .*» restriction and without payment of additional fees or royalties; and "(2) shall require that persons, or clcusses of persons, required to make filings with the Commission submit such filings in a form and manner suitable for entry into the EDGAR system and shall specify the date that such requirement is effective with respect to that person or class; except that the Commission may exempt persons or classes of persons, or filings or classes of filings, from such rules or regulations in order to prevent hardships or to avoid imposing unreasonable burdens or as otherwise may be necessary or appropriate; and

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PUBLIC LAW 100-181—DEC. 4, 1987

"(3) shall require all persons who make any filing with the Commission, in addition to complying with such other rules concerning the form and manner of filing as the Commission may prescribe, to submit such filings in written or printed form— "(A) for a period of at least one year after the effective date specified for such person or class under paragraph (2); ^xJ ^S or "(B) for a shorter period if the Commission determines .., _, that the EDGAR system (i) is reliable, (ii) provides a suitable alternative to such written and printed filings, and (iii) assures that the provision of information through the EDGAR system is as effective and efficient for filers, users, and disseminators as provision of such information in written or printed form. "(e) For the purposes of carrying out its responsibilities under subsection (d)(3) of this section, the Commission shall consult with representatives of persons filing, disseminating, and using information contained in filings with the Commission.". TITLE II—AMENDMENTS TO THE SECURITIES ACT OF 1933

Courts.

SEC. 201. Section 2(5) of the Securities Act of 1933 (15 U.S.C. 77b(5)) is amended by striking out "Federal Trade Commission" and inserting in lieu thereof "Securities and Exchange Commission". SEC. 202. Section 2(6) of the Securities Act of 1933 (15 U.S.C. 77b(6)) is amended by striking out "Canal Zone,". SEC. 203. Section 3(a)(l) of the Securities Act of 1933 (15 U.S.C. 77c(a)(l)) is amended by striking all that appears therein and inserting in lieu thereof "(1) Reserved.". SEC. 204. Section 3(a)(5)(A) of the Securities Act of 1933 (15 U.S.C. 77c(a)(5)(A)) is amended by striking out ", except that the foregoing exemption shall not apply with respect to any such security where the issuer takes from the total amount paid or deposited by the purchaser, by way of any fee, cash value or other device whatsoever, either upon termination of the investment at maturity or before maturity, an aggregate amount in excess of 3 per centum of the face value of such security". SEC. 205. Section 6(e) of the Securities Act of 1933 (15 U.S.C. 77f(e)) is repealed. SEC. 206. Section 9(a) of the Securities Act of 1933 (15 U.S.C. 77i(a)) is amended— (1) by striking out "Circuit Court of Appeals" and inserting in lieu thereof "court of appeals"; (2) by striking out "Court of Appeals of the District of Columbia, by filing in such court" and inserting in lieu thereof "United States Court of Appeals for the District of Columbia, by filing in such Court"; and .; (3) by striking out "sections 239 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 346 and 347)" and inserting in lieu thereof "section 1254 of title 28, United States Code". SEC. 207. Section 19(c) of the Securities Act of 1933 (15 U.S.C. 77s(c)) is amended by adding at the end thereof the following new paragraph: "(6) Notwithstanding any other provision of law, neither the Commission nor any other person shall be required to establish any procedures not specifically required by the securities laws, as that

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term is defined in section 3(a)(47) of the Securities Exchange Act of 1934, or by chapter 5 of title 5, United States Code, in connection with cooperation, coordination, or consultation with— "(A) any association referred to in paragraph (1) or (3) or any conference or meeting referred to in paragraph (4), while such association, conference, or meeting is carrying out activities in furtherance of the provisions of this subsection; or "(B) any forum, agency, or organization, or group referred to in section 503 of the Small Business Investment Incentive Act of 1980, while such forum, agency, organization, or group is carrying out activities in furtherance of the provisions of such section 503. As used in this paragraph, the terms 'association', 'conference', 'meeting', 'forum', 'agency', 'organization', and 'group' include any committee, subgroup, or representative of such entities.". SEC. 208. (a) Section 200)) of the Securities Act of 1933 (15 U.S.C. 77t(b)) is amended by striking out the first sentence and inserting in lieu thereof the following: "Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this title, or of any rule or regulation prescribed under authority thereof, the Commission may, in its discretion, bring an action in any district court of the United States, or United States court of any Territory, to enjoin such acts or practices, and upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.". (b) Section 20(c) of such Act (15 U.S.C. 77t(c)) is amended to read as follows: "(c) Upon application of the Commission, the district courts of the Courts. United States and the United States courts of any Territory shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this title or any order of the Commission made in pursuance thereof.". SEC. 209. Section 22(a) of the Securities Act of 1933 (15 U.S.C. 77v(a)) is amended— (1) by striking out "United States, the" in the first sentence and inserting in lieu thereof "United States and"; (2) by striking out ", and the United States District Court for the District of Columbia"; and (3) by striking out "sections 128 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 225 and 347)" and inserting in lieu thereof "sections 1254, 1291, 1292, and 1294 of title 28, United States Code". TITLE III—AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934 SEC. 301. Section 3(a)(6)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(6)(C)) is amended by striking out "under section ll(k) of the Federal Reserve Act, as amended" and inserting in lieu thereof "under the authority of the Comptroller of the Currency pursuant to the first section of Public Law 87-722 (12 U.S.C. 92a)". SEC. 302. Section 3(a)(16) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(16)) is amended by striking out "the Canal Zone,". SEC. 303. Section 3(a)(22)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(22)(B)) is amended—

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PUBLIC LAW 100-181—DEC. 4, 1987

'• }'" (1) by striking out "association or any" and inserting in lieu ^'*' thereof "association, or any"; and (2) by striking out "own behalf in" and inserting in lieu thereof "own behalf, in". SEC. 304. Section 3(a)(34)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(34)(C)) is amended by striking out "state" each place it appears and inserting in lieu thereof "State". SEC. 305. Section 3(a)(39)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)(B)) is amended— (1) by striking out "months, revoking" and inserting in lieu £., thereof "months, or revoking"; and (2) by striking out "barring his" and inserting in lieu thereof "barring or suspending for a period not exceeding 12 months his". SEC. 306. Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended— (1) by inserting after paragraph (46) the following: "(47) The term 'securities laws' means the Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-l et seq.), the Investment Advisers Act of 1940 (15 i U.S.C. 80b et seq.), and the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.)."; and (2) by adding at the end thereof the following: ? "(49) The term 'person associated with a transfer agent' and 'associated person of a transfer agent' mean any person (except ,!: an employee whose functions are solely clerical or ministerial) directly engaged in the management, direction, supervision, or performance of any of the transfer agent's activities with re. spect to transfer agent functions, and any person directly or indirectly controlling such activities or controlled by the transfer agent in connection with such activities.". SEC. 307. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding any other provision of law, whenever any fee is required to be paid to the Commission pursuant to any provision of the securities laws or any other law, the Commission may provide by rule that such fee shall be paid in a manner other than in cash.". SEC. 308. (a) The Securities Exchange Act of 1934 is amended by inserting after section 4 (15 U.S.C. 78d) the following new sections: "DELEGATION OF FUNCTIONS BY COMMISSION

15 USC 78<i-l.

"SEC. 4 A. (a) In addition to its existing authority, the Securities and Exchange Commission shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, an administrative law judge, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter. Nothing in this section shall be deemed to supersede the provisions of section 556(b) of title 5, or to authorize the delegation of the function of rulemaking as defined in subchapter II of chapter 5 of title 5, United States Code, with reference to general rules as distinguished from

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101 STAT. 1255

rules of particular applicability, or of the making of any rule pursuant to section 19(c) of this title. "(b) With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, administrative law judge, employee, or employee board, upon its own initiative or upon petition of a party to or intervenor in such action, within such time and in such manner as the Commission by rule shall prescribe. The vote of one member of the Commission shall be sufficient to bring any such action before the Commission for review. A person or party shall be entitled to review by the Commission if he or it is adversely affected by action at a delegated level which (1) denies any request for action pursuant to section 8(a) or section 8(c) of the Securities Act of 1933 or the first sentence of section 12(d) of this title; (2) suspends trading in a security pursuant to section 12(k) of this title; or (3) is pursuant to any provision of this title in a case of adjudication, as defined in section 551 of title 5, United States Code, not required by this title to be determined on the record after notice and opportunity for hearing (except to the extent there is involved a matter described in section 554(a)(1) through (6) of such title 5). "(c) If the right to exercise such review is declined, or if no such review is sought within the time stated in the rules promulgated by the (Commission, then the action of any such division of the Commission, individual (Dommissioner, administrative law judge, employee, or employee board, shall, for all purposes, including appeal or review thereof, be deemed the action of the Commission. "TRANSFER OF FUNCTIONS WITH RESPECT TO ASSIGNMENT OF PERSONNEL TO CHAIRMAN

"SEC. 4 B. In addition to the functions transferred by the provi- 15 USC 78d-2. sions of Reorganization Plan Numbered 10 of 1950 (64 Stat. 1265), there are hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to the (Commission personnel, including (Commissioners, pursuant to section 4A of this title.". (b) The Act of August 20, 1962 (Public Law 87-592; 76 Stat. 394) is 15 USC 78d-i, hereby repealed. 78d-2. SEC. 309. The first sentence of section 6(c)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(c)(2)) is amended by striking out "protection shall" and inserting in lieu thereof "protection of invest)OFS sll3.ll

SEC. 310. Section 6(c)(3)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(c)(3)(A)) is amended by striking out "association" and inserting in lieu thereof "associated". SEC. 311. Section 6(c)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(c)(4)) is amended by striking out "may (A) limit" and inserting in lieu thereof "may limit (A)". SEC. 312. Section 6(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(e)) is amended— (1) by striking out "paragraph (4) of this section" in paragraph (1) and inserting in lieu thereof "paragraph (3) of this subsection";

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PUBLIC LAW 100-181—DEC. 4, 1987

(2) by striking out paragraph (3) thereof and by redesignating paragraph (4) as paragraph (3); and (3) in paragraph (3)(E) (as so redesignated)— (A) by striking out "fixes" and inserting in lieu thereof "fixing^; (B) by striking out "paragraph (4)(A)" and inserting in lieu thereof "subparagraph (A) of this paragraph"; and (C) by striking out "paragraph (4)(B)" and inserting in lieu thereof "subparagraph (B) of this paragraph". SEC. 313. Section l l A of the Securities Exchange Act of 1934 (15 U.S.C. 78k-l) is amended— (1) by striking out "transaction" in paragraph (2) of subsection (b) and inserting in lieu thereof "transactions"; and (2) by striking out everything after the first sentence in paragraph (4) of subsection (c). SEC. 314. Sections llA(e) and 12(m) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-l(e) and 781(m)) are repealed. SEC. 315. Section 13(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(c)) is amended by striking out "thereof o f and inserting in lieu thereof "thereof. SEC. 316. Section 13(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(h)) is repealed. SEC. 317. Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 780(b)) is amended— (1) by striking out "fiduciary, or any" in clause (ii) of subparagraph (B) of paragraph (4) and inserting in lieu thereof "fiduciary, transfer agent, or"; (2) by striking out subparagraph (C) of paragraph (4) and inserting in lieu thereof the following: "(C) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction from acting as an investment adviser, underwriter, broker, dealer, municipal securities dealer, government securities broker, government securities dealer, transfer agent, or entity or person required to be registered under the Commodity Exchange Act, or as an affiliated person or employee of any investment company, bank, insurance company, or entity or person required to be registered under the Commodity Exchange Act, or from engaging in or continuing any conduct or practice in connection with any such activity, or in connection with the purchase or .,sale of any security."; '' (3) by striking out "or seeking to become associated," in the first sentence of paragraph (6) and inserting in lieu thereof "seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated"; and (4) by striking out "17A(b)(4)(B) in paragraph (10) and inserting in lieu thereof "17 A(b)(4)(A)". SEC. 318. Section 15B(b)(2)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(b)(2)(C)) is amended— (1) by striking out "security" and inserting in lieu thereof "securities"; (2) by striking out "or the securities"; and (3) by striking out "burden or competition" and inserting in lieu thereof "burden on competition". SEC. 319. Section 15B(c)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(c)(4)) is amended by striking out the first sentence and inserting in lieu thereof the following: "The Commission, by

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101 STAT. 1257

order, shall censure or place limitations on the activities or functions of any person associated, seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated with a municipal securities dealer, or suspend for a period not exceeding twelve months or bar any such person from being associated with a municipal securities dealer, if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or bar is in the public interest and that such person has committed any act or omission enumerated in subparagraph (A), (D), or (E) of paragraph (4) of section 15(b) of this title, has been convicted by any offense specified in subparagraph (B) of such paragraph (4) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4).". SEC. 320. Section 15B(c)(6)(A) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(c)(6)(A)) is amended by striking out "board" and inserting in lieu thereof "Board". SEC. 321. Section 17 of the Securities Exchange Act of 1934 (15 U.S.C. 78q) is amended— (1) by striking out subsection (c)(2) and inserting in lieu thereof the following: "(2) The appropriate regulatory agency for a clearing agency, transfer agent, or municipal securities dealer for which the Commission is not the appropriate regulatory agency shall file with the Commission notice of the commencement of any proceeding and a copy of any order entered by such appropriate regulatory agency against any clearing agency, transfer agent, municipal securities dealer, or person associated with a transfer agent or municipal securities dealer, and the Commission shall file with such appropriate regulatory agency, if any, notice of the commencement of any proceeding and a copy of any order entered by the Commission against the clearing agency, transfer agent, or municipal securities dealer, or against any person associated with a transfer agent or municipal securities dealer for which the agency is the appropriate regulatory agency."; (2) by adding at the end of subsection (f)(2) the following: "Notwithstanding any other provision of law, in providing identification and processing functions, the Attorney General shall provide the Commission and self-regulatory organizations designated by the Commission with access to all criminal history record information."; and (3) by striking out "paragraphs (1) and (2)" in subsection (f)(3)(A) and inserting in lieu thereof "paragraph (1)". SEC. 322. Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-l) is amended— (1) by inserting after "concerning such transfer agent" in subsection (c)(2) "and any persons associated with the transfer agent"; (2) by striking out "thirty" in subsection (c)(2) and inserting in lieu thereof "45"; (3) by redesignating subparagraphs (B) and (C) of subsection (c)(3) as subparagraphs (A) and (B), respectively, of new subsec. tion (c)(4); (4) by striking out subsection (c)(3)(A) and inserting in lieu thereof:

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"(3) The appropriate regulatory agency for a transfer agent, by order, shall deny registration to, censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of such transfer agent, if such appropriate regulatory agency finds, on the record after notice and opportunity for hearing, that such denial, censure, placing of limitations, suspension, or revocation is in the public interest and that such transfer agent, whether prior or subsequent to becoming such, or any person associated with such transfer agent, whether prior or subsequent to becoming so associated— "(A) has committed or omitted any act enumerated in subparagraph (A), (D), or (E) of paragraph (4) of section 15(b) of this title, has been convicted of any offense specified in subparagraph (B) of such paragraph (4) within ten years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4); or "(B) is subject to an order entered pursuant to subparagraph (C) of paragraph (4) of this subsection barring or suspending the right of such person to be associated with a transfer agent."; ''' (5) by inserting after subsection (c)(4)(B) (as redesignated) the following new subparagraph: "(C) The appropriate regulatory agency for a transfer agent, by order, shall censure or place limitations on the activities or functions of any person associated, seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated with the transfer agent, or suspend for a period not exceeding twelve months or bar any such person from being associated with the transfer agent, if the appropriate regulatory agency finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or bar is in the public interest and that such person has committed or omitted any act enumerated in subparagraph (A), (D), or (E) or paragraph (4) of section 15(b) of this title, has been convicted of any offense specified in subparagraph (B) of such paragraph (4) within ten years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in subparagraph (C) of such paragraph (4). It shall be unlawful for any person as to whom such an order suspending or barring him from being associated with a transfer agent is in effect willfully to become, or to be, associated with a transfer agent without the consent of the appropriate regulatory agency that entered the order and the appropriate regulatory agency for that transfer agent. It shall be unlawful for any transfer agent to permit such a person to become, or remain, a person associated with it without the consent of such appropriate regulatory agencies, if the transfer agent knew, or in the exercise of reasonable care should have known, of such order. The Commission may establish, by rule, procedures by which a transfer agent reasonably can determine whether a person associated or seeking to become associated with it is subject to any such order, and may require, by rule, that any transfer agent comply with such procedures."; (6) by striking out "clearing agency or transfer agent" in subsection (d)(3)(B) and inserting in lieu thereof "clearing agency, transfer agent, or person associated with a transfer agent'; and

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(7) by striking out "or transfer agent" in subsection (d)(4), and inserting in lieu thereof ", transfer agent, or person associated with a transfer agent,". SEC. 323. Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended— (1) by striking out "Wherever" in subsection (d) and inserting in lieu thereof "Whenever"; (2) by striking out ", the United States District Court for the District of Columbia," in subsection (e); and (3) by striking out the second sentence of subsection (g). SEC. 324. Section 23(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78w(a)) is amended— (1) by inserting "or" before "any self-regulatory organization" in the last sentence of paragraph (1); and (2) by inserting "shall" after "section 19(b) of this title," in paragraph (3). SEC. 325. Section 23(b)(4)(F) of the Securities Exchange Act of 1934 (15 U.S.C. 78w(b)(4)(F)) is amended by striking out "The" and inserting in lieu thereof "the". SEC. 326. Section 27 of the Securities Exchange Act of 1934 (15 U.S.C. 78aa) is amended— (1) by striking out ", the United States District Court for the District of Columbia,"; and (2) by striking out "sections 128 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 225 and 347)" and inserting in lieu thereof "sections 1254, 1291, 1292, and 1294 of title 28, United States Code". SEC. '327. Section 28(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(c)) is amended by striking out "self-regulatory organization or a member thereof and inserting in lieu thereof "selfregulatory organization on a member thereof. SEC. 328. Section 28(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(d)) is amended by striking out "change is beneficial" and inserting in lieu thereof "change in beneficial". SEC. 329. Section 28(e)(l) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(e)(l)) is amended by striking out "Amendments in 1975" and inserting in lieu thereof "Amendments of 1975". SEC. 330. Section 211 of the Securities Exchange Act of 1934 (15 U.S.C. 78jj) is hereby repealed. TITLE IV—AMENDMENTS TO THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 SEC. 401. Section 8 of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79h) is amended by striking out "otherwise, —" and inserting in lieu thereof "otherwise—". SEC. 402. Section 18 of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79r) is amended— (1) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (2) in subsections (e) and (f) (as so redesignated), by striking out ", the district court of the United States for the District of Columbia,". SEC. 403. Section 24 of the Public Utility Holding Company Act of 1935 (15 U.S.C. 78x) is amended by striking out "sections 239 and 240 15 USC 79x. of the Judicial Code, as amended (U.S.C. title 28, secs. 346 and 347)"

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and inserting in lieu thereof "section 1254 of title 28, United States Code". SEC. 404. Section 25 of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79y) is amended— (1) by striking out ", the district court of the United States for the District of Columbia,"; and (2) by striking out "sections 128 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 225 and 347), and section 7, as amended, of the Act entitled 'An Act to establish a court of appeals for the District of Columbia', approved February 9, 1893 (D.C. Code, title 18, sec. 26)" and inserting in lieu thereof "sections 1254, 1291, 1292, and 1294 of title 28, United States Code". SEC. 405. Section 30 of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z-4) is amended by striking out the last sentence thereof. TITLE V—AMENDMENTS TO THE TRUST INDENTURE ACT OF 1939 SEC. 501. Section 303(4) of the Trust Indenture Act of 1939 (15 U.S.C. 77ccc(4)) is amended by striking out "undertakng" and inserting in lieu thereof "undertaking". SEC. 502. Section 303(12) of the Trust Indenture Act of 1939 (15 U.S.C. 77ccc(12)) is amended by inserting "(including a guarantor)" after "person" each place it appears. TITLE VI—AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940

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SEC. 601. Section 2(a)(19) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(19)) is amended by inserting "completed" before "fiscal years" each place it appears. SEC. 602. Section 2(a)(39) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(39)) is amended by striking out "the Canal Zone,". SEC. 603. Section 2(a)(48)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(48)(B)) is amended by striking out '^sections 55(a)(l) through (3)" and inserting in lieu thereof "paragraphs (1) through (3) of section 55(a)". SEC. 604. Section 3(c)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(3)) is amended— (1) by inserting "or" after "therefor;"; and (2) by inserting a period after "guardian" and striking out all that follows through "principal to another or others.". SEC. 605. Section 3(c)(7) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(7)) is amended to read as follows: "(7) Reserved.". SEC. 606. Section 3(c)(ll) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(ll)) is amended— (1) by striking out "Code of 1954" each place it appears and inserting in lieu thereof "Code of 1986"; (2) by striking out "or which holds only assets of governmental plans" and inserting in lieu thereof "; or any governmental plan"; and (3) by striking out "trusts;" and inserting in lieu thereof "trusts or governmental plans, or both;".

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 PUBLIC LAW 100-181—DEC. 4, 1987

101 STAT. 1261

SEC. 607. Section 5(a)(2) of the Investment Company Act of 1940 (15 U.S.C. 80a-5(a)(2)) is amended by striking out "Close-end" and inserting in lieu thereof "Closed-end'. SEC. 608. Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(a)) is amended— (1) by striking out "the Canal Zone," in paragraph (1); and (2) by striking out paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. SEC. 609. Section 9 of the Investment Company Act of 1940 (15 U.S.C. 80a-9) is amended by striking out paragraphs (1) and (2) in subsection (a) and inserting in lieu thereof the following: "(1) any person who within 10 years has been convicted of any felony or misdemeanor involving the purchase or sale of any security or arising out of such person s conduct as an underwriter, broker, dealer, investment adviser, municipal securities dealer, government securities broker, government securities dealer, transfer agent, or entity or person required to be registered under the Commodity Exchange Act, or as an affiliated person, salesman, or employee of any investment company, bank, insurance company, or entity or person required to be registered under the Commodity Exchange Act; '(2) any person who, by reason of any misconduct, is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction from acting as an underwriter, broker, dealer, investment adviser, municipal securities dealer, government securities broker, government securities dealer, transfer agent, or entity or person required to be registered under the Commodity Exchange Act, or as an affiliated person, salesman, or employee of any investment company, bank, insurance company, or entity or person required to be registered under the Commodity Exchange Act, or from engaging in or continuing any conduct or practice in connection with any such activity or in connection with the purchase or sale of any security; or'. SEC. 610, Section 12 of the Investment Company Act of 1940 (15 U.S.C. 80a-12) is amended— (1) by striking out "Treasury" in subsection (d)(l)(A)(iii) and inserting in lieu thereof "treasury"; (2) by striking out "it reasonably possible" in subsection (d)(1)(G) and inserting in lieu thereof "is reasonably possible"; and (3) by striking out "only thereof in subsection (f) and inserting in lieu thereof "thereof only". SEC. 611. Section 15 of the Investment Company Act of 1940 (15 U.S.C. 80a-15) is amended— (1) by striking out "(40)" in subsection (d) and inserting in lieu thereof "(42)"; and (2) by striking out the period at the end of subparagraph (B) of paragraph (3) of subsection (f) and inserting in lieu thereof a comma. SEC. 612. Section 17 of the Investment Company Act of 1940 (15 U.S.C. 80a-17) is amended by striking out the second sentence of each of subsections (h) and (i). SEC. 613. Section 18(e) of the Investment Company Act of 1940 (15 U.S.C. 80a-18(e)) is amended by striking out paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

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 101 STAT. 1262

PUBLIC LAW 100-181—DEC. 4, 1987

SEC. 614. Section 20 of the Investment Company Act of 1940 (15 U.S.C. 80a-20) is amended— (1) by striking out the second sentence of subsection (b); h\ (2) by striking out the first sentence of subsection (d); and (3) by striking out "at any time after the effective date of this title" in subsection (d). SEC. 615. Section 21(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-21(b)) is amended by striking out "to the extension or renewal of any such loan made prior to March 15, 1940, or". SEC. 616. Section 22 of the Investment Company Act of 1940 (15 U.S.C. 80a-22) is amended— (1) by striking out "subsection (b)(8)" in paragraph (1) of subsection (b) and inserting in lieu thereof "subsection (b)(6)"; (2) by striking out paragraph (2) of subsection (b) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (3) by striking out "section 15A(k)(2)" in subsection (b)(2) (as so redesignated) and inserting in lieu thereof "section 19(c)"; (4) by inserting in the first sentence of subsection (e) a comma after the word "redemption" where it first appears and where it appears for the third time; and (5) by striking out the last sentence of subsection (e). SEC. 617. Section 24(d) of the Investment Company Act of 1940 (15 U.S.C. 80a-24(d)) is amended by inserting a period immediately after "is the issuer" in the second sentence thereof and by striking out all that follows in such sentence. SEC. 618. Section 260^) of the Investment Company Act of 1940 (15 U.S.C. 80a-26(b)) is amended by striking out "intend" and inserting in lieu thereof "intended". SEC. 619. Section 26(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-26(c)) is amended by striking out "contract of agreement" and inserting in lieu thereof "contract or agreement". SEC. 620. Section 28(a)(2)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-28(a)(2)(B)) is amended by striking out "subsection" and inserting in lieu thereof "paragraph". SEC. 621. Section 28(d)(2) of the Investment Company Act of 1940 (15 U.S.C. 80a-28(d)(2)) is amended by inserting " o f immediately before "subsection (a)". SEC. 622. Section 36 of the Investment Company Act of 1940 (15 U.S.C. 80a-35) is amended— (1) by striking out "loans" in paragraph (4) of subsection O> t) and inserting in lieu thereof "loads"; (2) by redesignating subsection (d) as subsection (c); and (3) in subsection (c) (as so redesignated), by striking out "through (c)" and inserting in lieu thereof "and (b)". SEC. 623. Section 42 of the Investment Company Act of 1940 (15 U.S.C. 80a-41) is amended by redesignating subsection (e) as subsection (d). SEC. 624. Section 53 of the Investment Company Act of 1940 (15 U.S.C. 80a-52) is amended by inserting a period in the first sentence thereof immediately after "1941" and by striking out everything that follows in such sentence. SEC. 625. Section 54(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-53(a)) is amended by striking out "defined in sections" and inserting in lieu thereof "defined in section".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/277

 PUBLIC LAW 100-181—DEC. 4, 1987

101 STAT. 1263

SEC. 626. Section 55(a)(1)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-54(a)(l)(B)) is amended by striking out "described in sections" and inserting in lieu thereof "described in section". SEC. 627. Section 57(i) of the Investment Company Act of 1940 (15 U.S.C. 80a-56(i)) is amended by striking out "sections 17(a) and (d)" each place it appears and inserting in lieu thereof "subsections (a) and (d) of section 17". TITLE VII—AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940 SEC. 701. Section 202(a)(19) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(19)) is amended by striking out "the Canal Zone,". SEC. 702. Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3) is amended— (1) by inserting "transfer agent," after "fiduciary," in subsection (e)(2)(B); (2) by inserting "transfer agent," after "government securities dealer," in subsection (e)(3); (3) by striking out "or seeking to become associated" in the first sentence of subsection (f) and inserting in lieu thereof ", seeking to become associated, or, at the time of the alleged misconduct, associated or seeking to become associated"; and (4) by striking out "subsection (d)" in subsection (g) and inserting in lieu thereof "subsection (c) or subsection (e)". SEC. 703. Section 205 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5) is amended to read as follows: "INVESTMENT ADVISORY CONTRACTS

"SEC. 205. (a) No investment adviser, unless exempt from registration pursuant to section 203(b), shall make use of the mails or any means or instrumentality of interstate commerce, directly or indirectly, to enter into, extend, or renew any investment advisory contract, or in any way to perform any investment advisory contract entered into, extended, or renewed on or after the effective date of this title, if such contract— "(1) provides for compensation to the investment adviser on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client; "(2) fails to provide, in substance, that no assignment of such contract shall be made by the investment adviser without the consent of the other party to the contract; or "(3) fails to provide, in substance, that the investment adviser, if a partnership, will notify the other party to the contract of any change in the membership of such partnership within a reasonable time after such change. "(b) Paragraph (1) of subsection (a) shall not— "(1) be construed to prohibit an investment advisory contract < • which provides for compensation b£U3ed upon the total value of a fund averaged over a definite period, or as of definite dates, or taken as of a definite date; "(2) apply to an investment advisory contract with— "(A) an investment company registered under title I of this Act, or

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 101 STAT. 1264

PUBLIC LAW 100-181—DEC. 4, 1987

"(B) any other person (except a trust, governmental plan, collective trust fund, or separate account referred to in section 3(c)(ll) of title I of this Act), provided that the contract relates to the investment of assets in excess of $1 million, if the contract provides for compensation based on the asset value of the company or fund under management averaged over a specified period and increasing and decreasing proportionately with the investment performance of the company or fund over a specified period in relation to the investment record of an appropriate index of securities prices or such other measure of ' " investment performance as the Commission by rule, regulation, or order may specify; or "(3) apply with respect to any investment advisory contract ' ^ between an investment adviser and a business development company, as defined in this title, if (A) the compensation pro-;>€»• vided for in such contract does not exceed 20 per centum of the realized capital gains upon the funds of the business development company over a specified period or as of definite dates, computed net of all realized capital losses and unrealized capital depreciation, and the condition of section 61(a)(3)(B)(iii) of title I of this Act is satisfied, and (B) the business development company does not have outstanding any option, warrant, or right issued pursuant to section 61(a)(3)(B) of title I of this Act and does not have a profit-sharing plan described in section 57(n) of titlelof this Act. "(c) For purposes of paragraph (2) of subsection (b), the point from which increases and decreases in compensation are measured shall be the fee which is paid or earned when the investment performance of such company or fund is equivalent to that of the index or other measure of performance, and an index of securities prices shall be deemed appropriate unless the Commission by order shall determine otherwise. "(d) As used in paragraphs (2) and (3) of subsection (a),'investment advisory contract' means any contract or agreement whereby a person agrees to act as investment adviser to or to manage any investment or trading account of another person other than an investment company registered under title I of this Act.". SEC. 704. Section 209 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended by redesignating subsection (e) as subsection (d). SEC. 705. Section 2110)) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-llCb)) is amended by striking out "the Federal Register Act" and inserting in lieu thereof "chapter 15 of title 44, United States Code,". SEC. 706. Section 213(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-13(a)) is amended by striking out "sections 239 and 240 of the Judicial Code, as amended" and inserting in lieu thereof "section 1254 of title 28, United States Code". SEC. 707. Section 214 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-14) is amended by striking out "sections 128 and 240 of the Judicial Code, as amended, and section 7, as amended, of the Act entitled, 'An Act to establish a court of appeals for the District of Columbia', approved February 9, 1893", and inserting in lieu thereof "sections 1254, 1291, 1292, and 1294 of title 28, United States Code".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/279

 PUBLIC LAW 100-181—DEC. 4, 1987

101 STAT. 1265

TITLE VIII—AMENDMENTS RELATING TO GOVERNMENT SECURITIES ACT OF 1986 SEC. 801. (a) Section 15C(a)(l)(B)(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(a)(l)(B)(i)) is amended by striking out 15 USC 78o-5. "When" and inserting "When such". (b) Section 17(f)(l)(A) of such Act (15 U.S.C. 78q(f)(l)(A)) is amended by striking out "government securities," and inserting "securities issued pursuant to chapter 31 of title 31, United States Code,". ,„>»..? SEC. 802. Section 16(12) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78111(12)) is amended by inserting before the period 15 USC mil. at the end thereof the following: "other than a government securities broker or government securities dealer registered under section 15C(a)(l)(A) of the 1934 Act". •' •;> Approved December 4, 1987.

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LEGISLATIVE HISTORY—S. 1452 (H.R. 2600): HOUSE REPORTS: No. 100-296 accompanying H.R. 2600 (Comm. on Energy and Commerce). SENATE REPORTS: No. 100-105 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): July 10, considered and passed Senate. Sept. 10, H.R. 2600 considered and passed House; proceedings vacated and S. 1452, amended, passed in lieu. Oct. 30, Senate concurred in House amendments with an amendment. Nov. 20, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/280

 101 STAT. 1266

PUBLIC LAW 100-182—DEC. 7, 1987

Public Law 100-182 100th Congress Dec. 7, 1987 [S. 1822] Sentencing Act of 1987. Penalties. Prisoners. 18 USC 3551 note. 18 USC 3551 note.

An Act

To amend title 18, United States Code, and other provisions of law relating to sentencing for criminal offenses.

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 "Sentencing Act of 1987". SEC. 2. PROSPECTIVE APPLICATION OF SENTENCING REFORM ACT.

(a) APPLICATION.—Section 235(a)(1) of the Comprehensive Crime Control Act of 1984 is amended by inserting after "date of enactment" the first place it appears the following: "and shall apply only to offenses committed after the taking effect of this chapter". (b) CONFORMING AMENDMENTS.—(1) Section 235(b)(1) of the Comprehensive Crime Control Act of 1984 is amended by striking out "convicted of an offense or adjudicated to be a juvenile delinquent" and inserting in lieu thereof "who committed an offense or an act of juvenile delinquency". (2) Section 235(b)(3) of the Comprehensive Crime Control Act of 1984 is amended by striking out "that is within the range that applies to the prisoner under the applicable parole guideline" and inserting in lieu thereof "pursuant to section 4206 of title 18, United States Code". SEC. 3. STANDARD FOR DEPARTURE.

Section 3553(b) of title 18, United States Code, is amended— (1) by striking out "an aggravating or mitigating circumstance exists that was" and inserting in lieu thereof "there exists an aggravating or mitigating circumstance of a kind, or to a degree,"; (2) by striking out "guidelines and" and inserting in lieu thereof "guidelines"; and (3) by inserting after the first sentence the following: "In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission.". Courts, U.S.

SEC. 4. PROCEDURE FOR MAGISTRATE.

APPEALING

SENTENCE

IMPOSED

BY

A

Section 3742 of title 18, United States Code, is amended by adding at the end the following new subsection: "(0 APPLICATION TO A SENTENCE BY A MAGISTRATE.—An appeal of an otherwise final sentence imposed by a United States magistrate may be taken to a judge of the district court, and this section shall apply as though the appeal were to a court of appeals from a sentence imposed by a district court.".

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 PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1267

SEC. 5. REVIEW OF A SENTENCE FOR WHICH THERE IS NO APPLICABLE GUIDELINE.

Section 3742 of title 18, United States Code, is further amended— (1) in subsection (a)(4), by inserting "plainly unreasonable or" before "greater than" and by striking out ", if any,"; (2) in subsection (b)(4), by inserting "plainly unreasonable or" before "less than" and by striking out ", if any,"; (3) in subsection (d)— (A) by striking out "or" at the end of paragraph (2); (B) by striking out the period at the end of paragraph (3) •• and inserting in lieu thereof "; or"; and "^-\' (C) by inserting after paragraph (3) the following new -' " ' paragraph: "(4) was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable."; (4) in subsection (e)(2), by inserting "or was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable" after "is outside the range of the applicable sentencing guideline and is unreasonable"; and (5) in subsections (e)(2)(A) and (e)(2)(B), by striking out "the court shall" and inserting in lieu thereof "and". SEC. 6. CLARIFICATION OF BASIS FOR AFFIRMING AN APPEAL.

Section 3742(e)(3) of title 18, United States Code, is amended to read as follows: "(3) is not described in paragraph (1) or (2), it shall affirm the sentence.". SEC. 7. CORRECTION OF PROBATION EXCLUSION FOR ORGANIZATIONS CONVICTED OF SERIOUS OFFENSES.

Section 3561(a)(1) of title 18, United States Code, is amended by inserting after "Class B felony" the following: "and the defendant is an individual". SEC. 8 EXTENSION OF MAXIMUM TERMS OF SUPERVISED RELEASE. . Section 3583(b) of title 18, United States Code, is amended— (1) in paragraph (1), by striking out "three years" and inserting in lieu thereof "five years"; (2) in paragraph (2), by striking out "two years" and inserting in lieu thereof "three years"; and (3) in paragraph (3), by inserting after "misdemeanor" the following: "(other than a petty offense)". SEC. 9. INCLUSION OF PROTECTION OF PUBLIC AS FACTOR IN DECIDING WHETHER TO IMPOSE SUPERVISED RELEASE.

Section 3583(c) of title 18, United States Code, is amended by inserting "(a)(2)(C)," after "(a)(2)(B),". SEC. 10. CLARIFICATION OF PROCEDURE FOR MODIFYING CONDITIONS OF PROBATION.

Section 3563(c) of title 18, United States Code, is amended— (1) by striking out "revocation or modification of probation" and inserting in lieu thereof "the modification of probation and"; and (2) by striking out the comma after "may".

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 101 STAT. 1268

PUBLIC LAW 100-182—DEC. 7, 1987

SEC. 11. CLARIFICATION OF PROCEDURE FOR EARLY TERMINATION OF PROBATION.

Section 3564(c) of title 18, United States Code, is amended by inserting after "may" the following: ", pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation,". SEC. 12. CLARIFICATION OF PROCEDURE FOR EARLY TERMINATION OF SUPERVISED RELEASE.

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Section 3583(e) of title 18, United States Code, is amended— (1) in paragraph (1), by inserting "pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation," after "one year of supervised, release,"; and (2) in paragraph (2)— f (A) by striking out "after a hearing,"; and (B) by inserting "the provisions of the Federal Rules of -,<.. Criminal Procedure relating to the modification of probation and" after "pursuant to". SEC. 13. REMEDIES FOR FAILURE TO PAY RESTITUTION.

Section 3663(g) of title 18, United States Code, is amended in each of the second and third sentences by inserting "or a term of supervised release" after "probation" and by inserting "probation or" after "conditions of. SEC. 14. DETERMINATION OF GUIDELINE SENTENCE FOR PRISONERS TRANSFERRED PURSUANT TO TREATY FROM FOREIGN 9 COUNTRIES.

Section 4106 of title 18, United States Code, is amended to read as follows: "§ 4106. Transfer of offenders on parole; parole of offenders transferred "(a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for supervision. "(b) The United States Parole Commission and the Chairman of the Commission shall have the same powers and duties with reference to an offender transferred to the United States to serve a sentence of imprisonment or who at the time of transfer is on parole as they have with reference to an offender convicted in a court of the United States except as otherwise provided in this chapter or in the pertinent treaty. Sections 4201 through 4204; 4205 (d), (e), and (h); 4206 through 4216; and 4218 of this title shall be applicable. "(c) An offender transferred to the United States to serve a sentence of imprisonment may be released on parole at such time as the Parole Commission may determine. "(d) This section shall apply only to offenses committed before November 1, 1987, and the Parole Commission's performance of its responsibilities under this section shall be subject to section 235 of the Comprehensive Crime Control Act of 1984.".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/283

 PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1269

SEC. 15. PROCEDURE FOR RELIEF OF LABOR DISABILITIES FOLLOWING CONVICTION.

(a) LMRDA AMENDMENT.—Section 504(a) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 504(a)) is amended— (1) by striking out "the United States Parole Commission" and inserting in lieu thereof "if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local offense, the United States district court for the district in which the offense was committed, pursuant to sentencing guidelines and policy statements under section 994(a) of title 28, United States ' Code,"; (2) by striking out "Commission" and "Commission's" and inserting in lieu thereof "court" and "court's", respectively; and (3) by striking out "an administrative hearing" and inserting in lieu thereof "a hearing". (b) ERISA AMENDMENTSection 411(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111(a)) is amended— (1) by striking out "the United States Parole Commission" and inserting in lieu thereof "if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local offense, ^^* the United States district court for the district in which the offense was committed, pursuant to sentencing guidelines and '• policy statements under section 994(a) of title 28, United States Code,"; (2) by striking out "Commission shall" and inserting in lieu thereof "court shall"; (3) by striking out "Commission's" and inserting in lieu thereof "court's"; (4) by striking out "such Parole Commission" and inserting in lieu thereof "such court"; and (5) by striking out "an administrative hearing" and inserting in lieu thereof "a hearing". SEC. 16. PETTY OFFENSE. (a) SENTENCE TO BE IMPOSED IN THE ABSENCE OF AN APPLICABLE SENTENCING GUIDELINE.—Section 3553(b) of title 18, United States

Code, is amended by striking out the last sentence and inserting in lieu thereof the following: "In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection (a)(2). In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission.". (b) CONFORMING AMENDMENT.—Section 994(w) of title 28, United States Code, is amended by inserting after "each sentence imposed" the following: "(other than a sentence imposed for a petty offense, as defined in title 18, for which there is no applicable sentencing guideline)".

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 101 STAT. 1270

PUBLIC LAW 100-182—DEC. 7, 1987

SEC. 17. MODIFICATION OF REQUIREMENT OF STATING REASONS FOR CHOOSING A POINT WITH THE PRESCRIBED SENTENCING „ RANGE.

Section 3553(c)(1) of title 18, United States Code, is amended by inserting after "in subsection (a)(4)," the following: "and that range exceeds 24 months,". SEC. 18. CLARIFICATION OF AUTHORITY OF BUREAU OF PRISONS TO ACCEPT COMMITMENTS TO ITS COMMUNITY CORRECTIONS FACILITY AS CONDITION OF PROBATION OR SUPERVISED ^ RELEASE.

Section 3563(b)(12) of title 18, United States Code, is amended by inserting after "community corrections facility" the following: "(including a facility maintained or under contract to the Bureau of Prisons)". SEC. 19. APPOINTMENT OF COUNSEL IN RELATION TO SUPERVISED RELEASE.

• Section 3006A(a)(l) of title 18, United States Code, is amended— (1) by redesignating subparagraphs (E) through (H) as subparagraphs (F) through (I), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: "(E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condi,v,,; tion, or extension or revocation of a term of supervised release;". SEC. 20. AUTHORITY OF DIRECTOR OF ADMINISTRATIVE OFFICE OF UNITED STATES COURTS TO CONTRACT FOR PSYCHIATRIC a AFTERCARE.

Alcohol and alcoholic beverages. Drugs and drug abuse. Health and medical care.

Section 3672 of title 18, United States Code, is amended— "''•' (1) by amending the seventh undesignated paragraph to read as follows: "He 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, an addict or a drug-dependent person, or a person suffering from a psychiatric disorder within the meaning of section 2 of the Public Health Service Act. This authority shall include the authority to provide equipment and supplies; testing; medical, educational, social, psychological and vocational services; corrective and preventative guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict or drug-dependent person, or a person suffering from a psychiatric disorder by eliminating his dependence on alcohol or addicting drugs, by controlling his dependence and his susceptibility to addiction, or by treating his psychiatric disorder. He may negotiate and award such contracts without regard to section 3709 of the Revised Statutes of the United States."; and (2) by adding at the end the following new undesignated paragraph: "Whenever the court finds that funds are available for payment by or on behalf of a person furnished such services, training, or guidance, the court may direct that such funds be paid to the Director. Any moneys collected under this paragraph shall be used

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Page:United States Statutes at Large Volume 101 Part 2.djvu/285

 PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1271

to reimburse the appropriations obligated and disbursed in payment for such services, training, or guidance.". SEC. 21. EMERGENCY GUIDELINES PROMULGATION AUTHORITY.

28 USC 994 note.

(a) IN GENERAL.—In the case of—

(1) an invalidated sentencing guideline; (2) the creation of a new offense or amendment of an existing offense; or (3) any other reason relating to the application of a previously established sentencing guideline, and determined by the United States Sentencing Commission to be urgent and compelling; the Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of title 28 and title 18, United States Code, shall promulgate and distribute to all courts of the United States and to the United States Probation System a temporary guideline or amendment to an existing guideline, to remain in effect until and during the pendency of the next report to Congress under section 994(p) of title 28, United States Code. (b) EXPIRATION OF AUTHORITY.—The authority of the Commission under paragraphs (1) and (2) of subsection (a) shall expire on November 1, 1989. The authority of the Commission to promulgate and distrilDute guidelines under paragraph (3) of subsection (a) shall expire on May 1, 1988. SEC. 22. APPLICATION OF RULE 35(b) TO CONDUCT OCCURRING BEFORE EFFECTIVE DATE OF SENTENCING GUIDELINES.

,,.

18 USC app.

The amendment to rule 35(b) of the Federal Rules of Criminal Procedure made by the order of the Supreme Court on April 29, 1985, shall apply with respect to all offenses committed before the taking effect of section 215(b) of the Comprehensive Crime Control Act of 1984. SEC. 23. GRADING OF OFFENSES AND DEFENDANT PETITIONS. (a) POSTPONEMENT OF DEADLINE FOR COMMISSION REPORT MAKING RECOMMENDATIONS ON THE GRADING AND PENALTIES FOR OF-

FENSES.—Section 994(r) of title 28, United States Code, is amended by striking out "one year" and inserting in lieu thereof "two years". (b) ELIMINATION OF REQUIREMENT THAT SENTENCING COMMISSION RESPOND TO DEFENDANT PETITIONS FOR GUIDELINES MODIFICA-

TIONS.—Section 994(s) of title 28, United States Code, is amended by striking out the last three sentences. SEC. 24. AUTHORITY TO LOWER A SENTENCE BELOW A STATUTORY MINIMUM FOR OLD OFFENSES.

Notwithstanding section 235 of the Comprehensive Crime Control Act of 1984— (1) section 3553(e) of title 18, United States Code; (2) rule 35(b) of the Federal Rules of Criminal Procedure as amended by section 215(b) of such Act; and (3) rule 35(b) as in effect before the taking effect of the initial set of guidelines promulgated by the United States Sentencing Commission pursuant to chapter 58 of title 28, United States Code, shall apply in the case of an offense committed before the taking effect of such guidelines.

18 USC 3553 note.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/286

 PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1272

SEC. 25. LIMITATION ON TERM TO BE SERVED FOR VIOLATION OF CONDITIONS OF SUPERVISED RELEASE.

Section 3583(e)(4) of title 18, United States Code, is amended by striking out "Commission." and inserting in lieu thereof "Commission, except that a person whose term is revoked under this paragraph may not be required to serve more than 3 years in prison if the offense for which the person was convicted was a Class B felony, or more than 2 years in prison if the offense was a Class C or D felony.".

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18 USC 3006A note.

SEC. 26. GENERAL EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to offenses committed after the enactment of this Act. Approved December 7, 1987.

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LEGISLATIVE HISTORY—S. 1822: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 28, considered and passed Senate. Nov. 16, considered and passed House, amended. Nov. 20, Senate concurred in House amendments.

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 PUBLIC LAW 100-183—DEC. 7, 1987 Public Law 100-183 100th Congress

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101 STAT. 1273 •'

Joint Resolution To designate December 7, 1987, as "National Pearl Harbor Remembrance Day" on the occasion of the anniversary of the attack on Pearl Harbor.

Whereas on the morning of December 7, 1941, the Imperial Japanese Navy and Air Force launched an unprovoked surprise attack upon units of the Armed Forces of the United States stationed at Pearl Harbor, Hawaii; Whereas over two thousand four hundred citizens of the United States were killed in action and one thousand one hundred and seventy-eight were wounded in this attack; Whereas President Franklin Delano Roosevelt referred to the date of the attack as "a date that will live in infamy"; Whereas the attack on Pearl Harbor marked the entry of this Nation into World War II; Whereas the people of the United States owe a tremendous debt of gratitude to all members of our Armed Forces who served at Pearl Harbor, in the Pacific Theater of World War II, and in all other theaters of action of that war; and Whereas the veterans of World War II and all other people of the United States will commemorate December 7, 1987, in remembrance of this tragic attack on Pearl Harbor: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That December 7, 1987, the anniversary of the attack on Pearl Harbor, is designated as "National Pearl Harbor Remembrance Day" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States— (1) to observe this solemn occasion with appropriate ceremonies and activities; and (2) to pledge eternal vigilance and strong resolve to defend this Nation and its allies from all future aggression. Approved December 7, 1987.

LEGISLATIVE HISTORY—S.J. Res. 105: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 30, considered and passed Senate. Dec. 2, considered and passed House.

Dec. 7, 1987 [S.J. Res. 1051

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Page:United States Statutes at Large Volume 101 Part 2.djvu/288

 101 STAT. 1274

PUBLIC LAW 100-184—DEC. 8, 1987

Public Law 100-184 100th Congress

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An Act Dec. 8, 1987 [H.R. 148]

Michigan Wilderness Act of 1987. National

Preservation System. Forests and forest products.

Pollution.

To designate certain public lands in the State of Michigan as wilderness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, . ^t..>:.=,

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SHORT TITLE

SECTION 1. This Act may be cited as the "Michigan Wilderness Act of 1987 ". T:.TXTT^TXT/-.a FINDINGS

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SEC. 2. In designating wilderness areas pursuant to this Act, the Congress— (1) finds, as provided in the Wilderness Act, that such areas— (A) generally appear to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (B) have outstanding opportunities for solitude or a primitive and unconfined type of recreation; and (C) contain ecological, geological, and other features of scientific, educational, and scenic value; and (2) considers significant the assurances of the Governor of Michigan that he has no intention of seeking more stringent air quality standards which would impinge on development of lands surrounding wilderness areas designated by this Act. DESIGNATION OF WILDERNESS AREAS

16 USC 1132 note.

SEC. 3. In furtherance of the purposes of the Wilderness Act of 1964 (16 U.S.C. 1131), the following lands in the State of Michigan are hereby designated as wilderness, and therefore as components of the National Wilderness Preservation System— (a) subject to valid existing rights and reasonable access to exercise such rights certain lands in the Manistee National Forest, comprising approximately three thousand four hundred and fifty acres as generally depicted on a map entitled "Nordhouse Dunes Wilderness—Proposed", dated November 1987, and which shall be known as the Nordhouse Dunes Wilderness; (b) certain lands in the Ottawa National Forest, comprising approximately eighteen thousand three hundred and twenty seven acres as generally depicted on a map entitled "Sylvania Wilderness—Proposed", dated November 1987, and which shall be known as the Sylvania Wilderness; (c) certain lands in the Ottawa National Forest, comprising approximately fourteen thousand five hundred acres as generally depicted on a map entitled "Sturgeon River Gorge

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 PUBLIC LAW 100-184—DEC. 8, 1987

101 STAT. 1275

Wilderness—Proposed", dated November 1987, and which shall be known as the Sturgeon River Gorge Wilderness; (d) certain lands in the Hiawatha National Forest, comprising approximately four thousand six hundred and forty acres as generally depicted on a map entitled "Rock River Canyon Wilderness—Proposed", dated November 1987, and which shall be known as the Rock River Canyon Wilderness; (e) certain lands in the Hiawatha National Forest, comprising approximately five thousand five hundred acres as generally depicted on a map entitled "Big Island Lake Wilderness— Proposed", dated November 1987, and which shall be known as the Big Island Lake Wilderness; (f) certain lands in the Hiawatha National Forest, comprising approximately twelve thousand two hundred and thirty acres as generally depicted on a map entitled "Mackinac Wilderness— Proposed", dated November 1987, and which shall be known as the Mackinac Wilderness; (g) certain lands in the Hiawatha National Forest, comprising approximately three thousand seven hundred and ninety acres as generally depicted on a map entitled "Horseshoe Bay Wilderness—Proposed", dated November 1987, and shall be known as the Horseshoe Bay Wilderness; (h) certain lands in the Hiawatha National Forest, comprising approximately three hundred and seventy eight acres as generally depicted on a map entitled "Round Island Wilderness— Proposed", dated November 1987, and which shall be known as the Round Island Wilderness; (i) certain lands in the Ottawa National Forest, comprising approximately sixteen thousand eight hundred and fifty acres as generally depicted on a map entitled "McCormick Wilderness—Proposed", dated November 1987, and which shall be known as the McCormick Wilderness; and (j) certain lands in the Hiawatha National Forest, comprising approximately eleven thousand eight hundred and seventy acres as generally depicted on a map entitled "Delirium Wilderness—Proposed", dated November 1987, and which shall be known as the Delirium Wilderness. DESCRIPTION A N D MAPS

SEC. 4. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file maps and legal descriptions of each wilderness area designated by this title with the Committee on Energy and Natural Resources, United States Senate, and the Committee on Interior and Insular Affairs, House of Representatives, and each such map and legal description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made. Each such map and legal description public shall be on file and available for public inspection in the office of the information. Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS AREAS

SEC. 5. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act

91-194 O - 90 -10: QL.3 Part 2

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 101 STAT. 1276

PUBLIC LAW 100-184—DEC. 8, 1987

of 1964 governing areas designated by that Act as wilderness areas except that with respect to any area designated in this Act, any reference in such provisions to the effective date of the Wilderness Act of 1964 shall be deemed to be a reference to the effective date of this Act. RARE II REVIEW

^ SEC. 6. (a) The Congress finds that— { (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and Environmental (2) the Congress has made its own review and examination of protection. National Forest System roadless areas in the State of Michigan ''A and of the environmental impacts associated with alternative a allocations of such areas. - (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System -i lands in the State of Michigan; such statement shall not be Bf subject to judicial review with respect to National Forest System lands in the State of Michigan; •gi (2) with respect to the National Forest System lands in the State of Michigan which were reviewed by the Department of Agriculture in the second roadless area review and evaluation 'dt (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the ii purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Plan-r ning Act of 1974, as amended by the National Forest Manage3f ment Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the ., revisions of the plans, but shall review the wilderness option ft, when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Michigan reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such "!p areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; ri r (4) in the event that revised land management plans in the State of Michigan are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for f':' wilderness designation need not be managed for the purpose of
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 PUBLIC LAW 100-184—DEC. 8, 1987

101 STAT. 1277

wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Michigan for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to National Forest System roadless lands in the State of Michigan which are less than five thousand acres in size. NONWILDERNESS ACTIVITIES

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

SEC. 8. As provided in section 4(d)(7) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Michigan with respect to wildlife and fish in the national forests in Michigan. INHOLDERS RIGHTS

SEC. 9. As provided in section 5 of the Wilderness Act— (1) owners of private lands within any area designated by this Act shall be assured the right of adequate access; and (2) no privately owned lands within any area designated by this Act may be acquired without concurrence of the owner of such lands.

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 101 STAT. 1278

PUBLIC LAW 100-184—DEC. 8, 1987 FIRE, INSECTS, AND DISEASE CONTROL

SEC. 10. As provided in section 4(d)(1) of the Wilderness Act, the Secretary may take such measures as may be necessary to control fire, insects, and diseases within any area designated by this Act. Approved December 8, 1987. '

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LEGISLATIVE HISTORY—H.R. 148: HOUSE REPORTS: No. 100-29, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Agriculture). SENATE REPORTS: No. 100-206 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 7, considered and passed House. Nov. 19, considered and passed Senate, amended. Nov. 20, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/293

 PUBLIC LAW 100-185—DEC. 11, 1987

101 STAT. 1279

Public Law 100-185 100th Congress An Act To amend title 18, United States Code, to improve certain provisions relating to imposition and collection of criminal fines, and for other purposes.

Dec. 11, 1987 [H.R. 3483]

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

Criminal Fine

SECTION 1. SHORT TITLE.

This Act may be cited as the "Criminal Fine Improvements Act of 1987".

Improvements Act of 1987.

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SEC. 2. DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS IN RELATION TO FINES.

Section 604(a) of title 28, United States Code, is amended— (1) by redesignating paragraph (17) as paragraph (18); and (2) by inserting after paragraph (16) the following new paragraph: "(17) Establish procedures and mechanisms within the judicial branch for processing fines, restitution, forfeitures of bail bonds or collateral, and assessments;". SEC. 3. SPECIAL ASSESSMENTS.

Section 3013 of title 18, United States Code, is amended by adding at the end the following: "(c) The obligation to pay an assessment ceases five years after the date of the judgment. "(d) For the purposes of this section, an offense under section 13 of this title is an offense against the United States.". SEC. 4. DEFINITION OF PETTY OFFENSE.

(a) IN GENERAL.—Chapter 1 of title 18, United States Code, is amended by adding at the end the following new section: "§ 19. Petty offense defined 18 USC 19. "As used in this title, the term 'petty offense' means a Class B misdemeanor, a Class C misdemeanor, or an infraction.". (b) TECHNICAL AMENDMENT.—The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following new item: "19. Petty offense defined.". (c) CLARIFYING AMENDMENT TO EARUER TECHNICAL PROVISION.—

Section 38(a) of the Criminal Law and Procedure Technical Amendments Act of 1986 is amended by striking out "section 23" and 18 USC 18. inserting in lieu thereof "section 34(a)". SEC. 5. ELIMINATION OF OBSOLETE PROVISION.

Subsection (h) of section 3559 of title 18, United States Code, is amended by striking out "except that:" and all that follows through the end of the subsection and inserting in lieu thereof ", except that

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 101 STAT. 1280

PUBLIC LAW 100-185—DEC. 11, 1987

the maximum term of imprisonment is the term authorized by the law describing the offense.'. SEC. 6. AUTHORIZED FINES.

Section 3571 of title 18, United States Code, is amended to read as follows:

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"§3571. Sentence of fine, ^.. „...,.:,.i*. i,. v j "(a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine. "(b) FINES FOR INDIVIDUALS.—Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of— "(1) the amount specified in the law setting forth the offense; "(2) the applicable amount under subsection (d) of this section; "(3) for a felony, not more than $250,000; "(4) for a misdemeanor resulting in death, not more than h. $250,000; ~f- "(5) for a Class A misdemeanor that does not result in death, not more than $100,000; » "(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or "(7) for an infraction, not more than $5,000. "(c) FINES FOR ORGANIZATIONS.—Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of— "(1) the amount specified in the law setting forth the offense; "(2) the applicable amount under subsection (d) of this section; "(3) for a felony, not more than $500,000; ^ "(4) for a misdemeanor resulting in death, not more than $500,000; "(5) for a Class A misdemeanor that does not result in death, not more than $200,000; "(6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and "(7) for an infraction, not more than $10,000. "(d) ALTERNATIVE FINE BASED ON GAIN OR Loss.—If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this sul^ection would unduly complicate or prolong the sent^icing process. "(e) SPECIAL RULE FOR LOWER FINE SPECIFIED IN SUBSTANTIVE

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PROVISION.—If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.". SEC. 7. IMPOSITION OF A SENTENCE OF FINE AND RELATED MATTERS.

Section 3572 of title 18, United States Code, is amended to read as follows: "§3572. Imposition of a sentence of fine and related matters "(a) FACTORS TO BE CONSIDERED.—In determining whether to impose a fine, and the amount, time for payment, and method of

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 PUBLIC LAW 100-185—DEC. 11, 1987

101 STAT. 1281

payment of a fine, the court shall consider, in addition to the factors set forth in section 3553(a)— "(1) the defendant's income, earning capacity, and financial resources; "(2) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose; "(3) any pecuniary loss inflicted upon others as a result of the offense; "(4) whether restitution is ordered or made and the amount of such restitution; "(5) the need to deprive the defendant of illegally obtained gains from the offense; "(6) whether the defendant can pass on to consumers or other persons the expense of the fine; and "(7) if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any officer, director, employee, or agent of the organization responsible for the offense and to prevent a recurrence of such an offense. "(b) FINE NOT TO IMPAIR ABILITY TO MAKE RESTITUTION.—If, as a

result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution. "(c) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence to pay a fine can subsequently be— "(1) modified or remitted under section 3573; "(2) corrected under rule 35 and section 3742; or "(3) appealed and modified under section 3742; a judgment that includes such a sentence is a final judgment for all other purposes. "(d) TIME, METHOD OF PAYMENT, AND RELATED ITEMS.—A person sentenced to pay a fine or other monetary penalty shall make such payment immediately, unless, in the interest of justice, the court provides for payment on a date certain or in installments. If the court provides for payment in installments, the installments shall be in equal monthly payments over the period provided by the court, unless the court establishes another schedule. If the judgment permits other than immediate payment, the period provided for shall not exceed five years, excluding any period served by the defendant as imprisonment for the offense. "(e) ALTERNATIVE SENTENCE PRECLUDED.—At the time a defendant is sentenced to pay a fine, the court may not impose an alternative sentence to be carried out if the fine is not paid.

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"(f) RESPONSIBILITY FOR PAYMENT OF MONETARY OBLIGATION RELATING TO ORGANIZATION.—If a sentence includes a fine, special

assessment, or other monetary obligation (including interest) with respect to an organization, each individual authorized to make disbursements for the organization has a duty to pay the obligation from assets of the organization. If such an obligation is imposed on a State and local director, officer, shareholder, employee, or agent of an organization, governments. payments may not be made, directly or indirectly, from assets of the

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 101 STAT. 1282

PUBLIC LAW 100-185—DEC. 11, 1987

organization, unless the court finds that such payment is expressly permissible under applicable State law. "(g) SECURITY FOR STAYED FINE.—If a sentence imposing a fine is stayed, the court shall, absent exceptional circumstances (as determined by the court)— "(1) require the defendant to deposit, in the registry of the district court, any amount of the fine that is due; "(2) require the defendant to provide a bond or other security to ensure payment of the fine; or "(3) restrain the defendant from transferring or dissipating assets. "(h) DELINQUENCY.—A fine is delinquent if a payment is more than 30 days late. "(i) DEFAULT.—A fine is in default if a payment is delinquent for more than 90 days. When a fine is in default, the entire amount of the fine is due within 30 days after notification of the default, notwithstanding any installment schedule.". SEC. 8. REVISION OF MODIFICATION OR REMISSION PROVISION.

(a) OFFENSE.—Section 3573 of title 18, United States Code, is amended to read as follows: "§ 3573. Petition of the Government for modification or remission "Upon petition of the Government showing that reasonable efforts to collect a fine or assessment are not likely to be effective, the court may, in the interest of justice— "(1) remit all or part of the unpaid portion of the fine or special assessment, including interest and penalties; "(2) defer payment of the fine or special assessment to a date certain or pursuant to an installment schedule; or "(3) extend a date certain or an installment schedule previously ordered. A petition under this subsection shall be filed in the court in which sentence was originally imposed, unless the court transfers jurisdiction to another court.". (b) TECHNICAL AMENDMENT.—The table of sections for subchapter C of chapter 227 of title 18, United States Code, is amended by striking out the item for section 3573 and insert in lieu thereof the following: "3573. Petition of the Government for modification or revision.". 18 USC 3611

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SEC. 9. RECEIPT OF FINES—INTERIM PROVISIONS. (a) NOVEMBER 1, 1987, TO APRIL 30, 1988.—Notwithstanding sec-

tion 3611 of title 18, United States Code, a person who, during the period beginning on November 1, 1987, and ending on April 30, 1988, is sentenced to pay a fine or assessment shall pay the fine or assessment (including any interest or penalty) to the clerk of the court, with respect to an offense committed on or before December 31, 1984, and to the Attorney General, with respect to an offense committed after December 31, 1984. (b) MAY 1, 1988, TO OCTOBER 31, 1988.—(1) Notwithstanding section 3611 of title 18, United States Code, a person who during the period beginning on May 1, 1988, and ending on October 31, 1988, is sentenced to pay a fine or assessment shall pay the fine or assessment in accordance with this subsection. (2) In a case initiated by citation or violation notice, such person shall pay the fine or assessment (including any interest or penalty),

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 PUBLIC LAW 100-185—DEC. 11, 1987

101 STAT. 1283

as specified by the Director of the Administrative Office of the United States Courts. Such Director may specify that such payment be made to the clerk of the court or in the manner provided for under section 604(a)(17) of title 28, United States Code. (3) In any other case, such person shall pay the fine or assessment (including any interest or penalty) to the clerk of the court, with respect to an offense committed on or before December 31, 1984, and to the Attorney General, with respect to an offense committed after December 31, 1984. SEC. 10. RECEIPT OF FINES—PERMANENT PROVISION.

(a) IN GENERAL.—Section 3611 of title 18, United States Code, is amended to read as follows: "§3611. Payment of a fine "A person who is sentenced to pay a fine or assessment shall pay the fine or assessment (including any interest or penalty), as specified by the Director of the Administrative Office of the United States Courts. Such Director may specify that such payment be made to the clerk of the court or in the manner provided for under section 604(a)(17) of title 28, United States Code.". (b) EFFECTIVE DATE.—The amendment made by this section shall 18 USC 3611 apply with respect to any fine imposed after October 31, 1988. Such note. amendment shall also apply with respect to any ^ e imposed on or before October 31, 1988, if the fine remains uncollected as of February 1, 1989, unless the Director of the Administrative Office of the United States Courts determines further delay is necessary. If the Director so determines, the £unendment made by this section shall apply with respect to any such fine imposed on or before October 31, 1988, if the fine remains uncollected as of May 1, 1989. SEC. 11. COLLECTION AMENDMENTS. (a) NOTIFICATION OF RECEIPT AND RELATED MATTERS.—Section

3612(a) of title 18, United States Code, is amended to read as follows: "(a) NOTIFICATION OF RECEIPT AND RELATED MATTERS.—The clerk or the person designated under section 604(a)(17) of title 28 shall notify the Attorney General of each receipt of a payment with respect to which a certification is made under subsection (b), together with other appropriate information relating to such payment. The notification shall be provided— "(1) in such manner as may be agreed upon by the Attorney General and the Director of the Administrative Office of the United States Courts; and "(2) within 15 days after the receipt or at such other time as may be determined jointly by the Attorney General and the Director of the Administrative Office of the United States Courts. If the fifteenth day under paragraph (2) is a Saturday, Sunday, or legal public holiday, the clerk, or the person designated under section 604(a)(17) of title 28, shall provide notification not later than the next day that is not a Saturday, Sunday, or legal public holiday.". (b) INFORMATION TO BE INCLUDED IN JUDGMENT.—Section 3612(b) of title 18, United States Code, is amended to read as follows: "(b) INFORMATION TO BE INCLUDED IN JUDGMENT; JUDGMENT TO BE TRANSMITTED TO ATTORNEY GENERAL.—(1) A judgment or order

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 101 STAT. 1284

PUBLIC LAW 100-185—DEC. 11, 1987

imposing, modifying, or remitting a fine of more than $100 shall include— "(A) the name, social security account number, mailing address, and residence address of the defendant; "(B) the docket number of the Case; "(C) the original amount of the fine and the amount that is due and unpaid; "(D) the schedule of payments (if other than immediate payment is permitted under section 3572(d)); "(E) a description of any modification or remission; and "(F) if other than immediate payment is permitted, a requirement that, until the fine is paid in full, the defendant notify the Attorney General of any change in the mailing address or residence address of the defendant not later than thirty days after the change occurs. "(2) Not later than ten days after entry of the judgment or order, the court shall transmit a certified copy of the judgment or order to the Attorney General.". (c) TECHNICAL AMENDMENTS.—

(1) Section 3612(d) of title 18, United States (Dode, is amended by striking out "section 3572(i)" and inserting in lieu thereof imryr i H 1 "section 3572(h)". O" (2) Section 3612(e) of title 18, United States C!ode, is amended by striking out "section 3572(j)" and inserting in lieu thereof "section 3572(i)". (d) INTEREST ON FINES.—Section 3612(f) of title 18, United States Code, is amended to read as follows: "(0 INTEREST ON FINES.—

"(1) IN GENERAL.—The defendant shall pay interest on any fine of more than $2,500, unless the fine is paid in full before the fifteenth day after the date of the judgment. If that day is a Saturday, Sunday, or legal public holiday, the defendant shall be liable for interest beginning with the next day that is not a Saturday, Sunday, or legal public holiday. "(2) COMPUTATION.—Interest on a fine shall be computed— "(A) daily (from the first day on which the defendant is liable for interest under paragraph (1)); and ,,: "(B) at a rate equal to the coupon issue yield equivalent ^',. (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fiftytwo week United States Treasury bills settled before the first day on which the defendant is liable for interest under paragraph (1). ^.,, "(3) MODIFICATION OF INTEREST BY COURT.—If the court determines that the defendant does not have the ability to pay interest under this subsection, the court may— "(A) waive the requirement for interest; "(B) limit the total of interest payable to a specific dollar amount; or "(C) limit the length of the period during which interest accrues.". (e) PENALTY FOR DELINQUENT FINE; WAIVER OF INTEREST OR FINE BY ATTORNEY GENERAL.—Section 3612 of title 18, United States

Code, is amended by adding at the end the following new subsections: "(g) PENALTY FOR DEUNQUENT FINE.—If a fine becomes delinquent, the defendant shall pay, as a penalty, an amount equal to 10

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 PUBLIC LAW 100-185—DEC. 11, 1987

101 STAT. 1285

percent of the principal amount that is delinquent. If a fine becomes in default, the defendant shall pay, as a penalty, an additional amount equal to 15 percent of the principal amount that is in default. "(h) WAIVER OF INTEREST OR PENALTY BY ATTORNEY GENERAL.—

The Attorney General may waive all or part of any interest or penalty under this section if, as determined by the Attorney General, reasonable efforts to collect the interest or penalty are not likely to be effective. "(i) APPLICATION OF PAYMENTS.—Payments relating to fines shall be applied in the following order; (1) to principal; (2) to costs; (3) to interest; and (4) to penalties.". SEC. 12. RECEIPT OF RESTITUTION PAYMENTS BY COURTS.

Section 3663(f)(4) of title 18, United States Code, is amended by inserting "or the person designated under section 604(a)(17) of title 28" after "Attorney General". Approved December 11, 1987.

LEGISLATIVE HISTORY—H.R. 3483: HOUSE REPORTS: No. 100-390 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 27, considered and passed House. Oct. 30, considered and passed Senate, amended. Nov. 16, House concurred in Senate amendments with an amendment. Nov. 20, Senate concurred in House amendment with amendments. Dec. 2, House concurred in certain Senate amendments, in another with an amendment, and disagreed to another. Dec. 3, Senate concurred in House amendment and receded from another.

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 101 STAT. 1286

PUBLIC LAW 100-186—DEC. 11, 1987

Public Law 100-186 100th Congress An Act Dec. 11, 1987 [S. 860]

36 USC 188.

To designate "The Stars and Stripes Forever" as the national march of the United States of America.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the composition by John PhiHp Sousa entitled "The Stars and Stripes Forever" is hereby designated as the national march of the United States of America. Approved December 11, 1987.

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LEGISLATIVE HISTORY—S. 860: CONGRESSIONAL RECORD, Vol. 133 (1987): Nov. 6, considered and passed Senate. Dec. 1, considered and passed House, amended. Dec. 2, Senate concurred in House amendments.

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