A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.
PL 98-473 (H.J.Res.648), enacted 10/12/1984

PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1837 
•Public Law 98-473 
98th Congress 
Joint Resolution 
Making continuing appropriations for the fiscal year 1985, and for other purposes. 
Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
TITLE I 
That the following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, for the 
several departments, agencies, corporations, and other organiza-
tional units of the Government for the fiscal year 1985, and for other 
purposes, namely: 
SEC. 101. (a) Such sums as may be necessary for programs, 
projects, or activities provided for in the Agriculture, Rural Develop-
ment and Related Agencies Appropriation Act, 1985 (H.R. 5743), to 
the extent and in the manner provided for in the conference report 
and joint explanatory statement of the Committee of Conference 
(House Report Numbered 98-1071), filed in the House of Representa-
tives on September 25, 1984, as if such Act had been enacted into 
law. 
(b) Such sums as may be necessary for programs, projects, or 
activities provided for in the District of Columbia Appropriation 
Act, 1985 (H.R. 5899), to the extent and in the manner provided for 
in the conference report and joint explanatory statement of the 
Committee of Conference (House Report Numbered 98-1088), filed in 
the House of Representatives on September 26, 1984, as if such Act 
had been enacted into law. 
(c) Such amounts as may be necessary for programs, projects or 
activities provided for in the Department of the Interior and Related 
Agencies Appropriations Act, 1985, at a rate of operations and to the 
extent and in the manner provided as follows, to be effective as if it 
had been enacted into law as the regular appropriation Act: 
Oct. 12, 1984 
[H.J. Res. 648] 
Agriculture, 
rural 
development 
appropriations. 
D.C. 
appropriations. 
Post, p. 1838. 
*Note: The printed text of Public Law i 
by the President on October 12, 1984. 
-473 is a reprint of the hand enrollment, signed 
98 STAT, 1838 
PUBLIC LAW 98-473—OCT. 12, 1984 
AN ACT 
Department of 
the Interior and 
Related 
Agencies 
Appropriations 
Act, 1985. 
97 
Stat. 323, 324. 
43 
use 1715, 
1716, 1748. 
43 u s e 1181f. 
Making appropriations for the Department of the Interior and related agencies for 
the fiscal year ending September 30,1985, and for other purposes. 
TITLE I—DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For expenses necessary for protection, use, improvement, develop-
ment, disposal, cadastral surveying, classification, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under the 
jurisdiction of the Bureau oi Land Management, including the 
general administration of the Bureau of Land Management, 
$393,849,000. 
CONSTRUCTION AND ACCESS 
For acquisition of lands and interests therein, and construction of 
buildings, recreation facilities, roads, trails, and appurtenant facili-
ties, $1,228,000, to remain available until expended. 
PAYMENTS IN UEU OF TAXES 
For expenses necessary to implement the Act of October 20, 1976 
(31 U.S.C. 6901-07), $105,000,000, of which not to exceed $400,000 
shall be available for administrative expenses. 
LAND ACQUISITION 
For expenses necessaiy to carry out the provisions of sections 205, 
206, and 318(d) of Public Law 94-579 including administrative ex-
penses and acquisition of lands or waters, or interest therein, 
$2,750,000, to be derived from the Land and Water Conservation 
Fund, to remain available until expended. 
OREGON AND CAUFORNIA GRANT LANDS 
For expenses necessary for management, protection, and develop-
ment of resources and for construction, operation, and maintenance 
of access roads, reforestation, and other improvements on the 
revested Oregon and California Railroad grant lands, on other 
Federal lands in the Oregon and California land-grant counties of 
Oregon, and on adjacent rights-of-way; and acquisition of lands or 
interests therein including existing connecting roads on or adjacent 
to such grant lands; $55,397,000, to remain available until expended: 
Provided, That the amount appropriated herein for road construc-
tion shall be transferred to the Federal Highway Administration, 
Department of Transportation: Provided further. 
That 25 per 
centum of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is 
hereby made a charge against the Oregon and California land grant 
fund and shall be transferred to the General Fund in the Treasury 
in accordance with the provisions of the second paragraph of subsec-
tion (b) of title II of the Act of August 28, 1937 (50 Stat. 876). 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1839 
SPECIAL ACQUISITION OF LANDS AND MINERALS 
For the purchase of non-Federal coal deposits and other mineral 
interests and rights pursuant to Public Law 97-466, $15,000,000, to 96 Stat. 2538. 
remain available until expended. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of lands and inter-
ests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701), notwithstanding any other Act, sums equal to fifty 43 use 1751. 
per centum of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), 43 USC 3l5b, 
but not less than $10,000,000 (43 U.S.C. 1901), and the amount 
3i5m. 
designated for range improvements from grazing fees and mineral 
leasing receipts from Bankhead-Jones lands transferred to the De-
partment of the Interior pursuant to law, to remain available until 
expended: Provided, That not to exceed $600,000 shall be available 
for administrative expenses: Provided further, That the dollar equiv-
alent of value, in excess of the grazing fee established under law and 
paid to the United States Government, received by any permittee or 
lessee as compensation for an assignment or other conveyance of a 
grazing permit or lease, or any grazing privileges or rights there-
under, and in excess of the installation and maintenance cost of 
grazing improvements provided for by the permittee in the allot-
ment management plan or amendments or otherwise approved by 
the Bureau of Land Management, shall be paid to the Bureau of 
Land Management and disposed of as provided for by section 4010^) 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701): Provided further, That if the dollar value prescribed above is 
90 Stat. 2772. 
not paid to the Bureau of Land Management, the grazing permit or 
lease shall be canceled. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal 
of public lands and resources, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use authori-
zations, and for rehabilitation of damaged property, such amounts 
as may be collected under sections 2090^), 304(a), 3040b), 305(a), and 
504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), and 
43 USC 1719, 
sections 101 and 203 of Public Law 93-153, to be immediately 
i'^34,1735,1764. 
available until expended. 
^^ ^^ ^^^• 
43 u s e 1652. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under existing 
law, there is hereby appropriated such amounts as may be contrib-
uted under section 307 of the Act of October 21, 1976 (43 U.S.C. 
1701), and such amounts as may be advanced for administrative 
43 use 1737. 
costs, surveys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain available until 
43 use I72i. 
expended. 
98 STAT. 1840 
PUBLIC LAW 98-473—OCT. 12, 1984 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Land Management shall be 
' 
available for purchase, erection, and dismantlement of temporary 
structures and alteration and maintenance of necessary buildings 
and appurtenant facilities to which the United States has title; up to 
$10,000 for payments, at the discretion of the Secretary, for informa-
tion or evidence concerning violations of laws administered by the 
United States Bureau of Land Management; miscellaneous and 
emergency expenses of enforcement activities, authorized or ap-
>-: 
proved by the Secretary and to be accounted for solely on his 
certificate, not to exceed $10,000: Provided, That appropriations 
herein made for the Bureau of Land Management expenditures in 
connection with the revested Oregon and California Railroad and 
reconveyed Coos Bay Wagon Road grant lands (other than expendi-
tures made under the appropriation "Oregon and California grant 
lands") shall be reimbursed to the General Fund of the Treasury 
from the 25 per centum referred to in subsection (c), title II, of the 
Act approved August 28, 1937 (50 Stat. 876), of the special fund 
designated the "Oregon and California land grant fund" and section 
43 use ll8lf-4. 
4 of the Act approved May 24,1939 (53 Stat. 754), of the special fund 
designated the "Coos Bay Wagon Road grant fund": Provided fur-
43 use 1752 
ther. That appropriations herein made may be expended for surveys 
note. 
of Federal lands of the United States and on a reimbursable basis 
for protection of lands for the State of Alaska: Provided further. 
That an appeal of any reductions in grazing allotments on public 
rangelands must be taken within thirty days after receipt of a final 
grazing allotment decision. Reductions of up to 10 per centum in 
grazing allotments shall become effective when so designated by the 
Secretary of the Interior. Upon appeal any proposed reduction in 
excess of 10 per centum shall be suspended pending final action on 
the appeal, which shall be completed within two years after the 
appeal is filed: Provided further, That appropriations herein made 
shall be available for paying costs incidental to the utilization of 
services contributed by individuals who serve without compensation 
as volunteers in aid of work of the Bureau to protect, improve, 
develop, or manage the public lands; and that within appropriations 
herein provided, Bureau officials may authorize either direct 
procurement of or reimbursement for expenses incidental to the 
effective use of volunteers such as, but not limited to, training, 
; 
transportation, lodging, subsistence, equipment, and supplies: Pro-
vided further. That provision for such expenses or services is in 
accord with volunteer or cooperative agreements made with such 
individuals, private organizations, educational institutions, or State 
or local governments: Provided further. That the segregative effect 
of the Department of the Navy withdrawal application N 37171, 
covering approximately 181,323 acres of public lands in Churchill 
County, Nevada, shall continue until such withdrawal is acted upon 
by the Congress. Segregation shall not prevent compatible public 
^ 
^ 
land uses which would be allowed under the terms of the proposed 
withdrawal: Provided further. That no later than six months after 
the date of enactment of this Act, the Secretary of the Interior shall 
conclude a land exchange between the Oregon International Port of 
Coos Bay and the United States. Lands to be offered by the United 
States are described in Federal Register Notice, May 10,1984. Lands 
to be offered by the Port are described as lots 4 through 16 inclusive, 
block 30, Nasburg's Addition to Marshfield, Coos County, Oregon. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1841 
The Secretary is authorized to execute such instruments as may be 
necessary to permit the grantee to use permanently and develop for 
public roadway purposes, a tract of land described in Department of 
the Army Easement Number DACW 57-2-84-4 on Coos Bay North 
Jetty Road. As otherwise provided pursuant to the Federal Land 
Policy and Management Act of 1976 (90 Stat. 2743, Public Law 
94-579), the Secretary shall conclude the above mentioned land 
43 use 1701 
exchange. 
note. 
UNITED STATES FISH AND WILDUFE SERVICE 
RESOURCE MANAGEMENT 
For expenses necessary for scientific and economic studies, conser-
vation, management, investigations, protection, and utilization of 
sport fishery and wildlife resources, except whales, seals, and sea 
lions, and for the performance of other authorized functions related 
to such resources; for the general administration of the Fish and 
Wildlife Service; for maintenance of the herd of long-horned cattle 
on the Wichita Mountains Wildlife Refuge, and not less than 
$3,300,000 for high priority projects within the scope of the approved 
budget which shall be carried out by Youth Conservation Corps as if 
authorized by the Act of August 13,1970, as amended by Public Law 
93-408, $311,365,000 of which $4,000,000, to carry out the purposes of 
16 use 
16 U.S.C. 1535, shall remain available until expended; and, of which 
1701-1706. 
$4,591,000 shall be for operation and maintenance of fishery mitiga-
tion facilities constructed by the Corps of Engineers under the 
Lower Snake River Compensation Plan, authorized by the Water 
Resources Development Act of 1976 (90 Stat. 2921), to compensate 
for loss of fishery resources from water development projects on the 
Lower Snake River, which will remain available until expended: 
Provided, That the only critical habitat hereafter to be designated 
under section 4(b)(2) of the Endangered Species Act of 1973 (Public 
Law 93-205), as amended, for the Northern Rocky Mountain Wolf in 
16 use 1533. 
Idaho shall be coterminous with the boundaries of the Central Idaho 
Wilderness Areas, as established by Public Law 96-312. 
94 Stat. 948. 
CONSTRUCTION AND ANADROMOUS FISH 
For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigations, protec-
tion, and utilization of sport fishery and wildlife resources, and the 
acquisition of lands and interests therein; $24,794,000, to remain 
available until expended, of which $4,100,000 shall be available for 
expenses necessary to carry out the Anadromous Fish Conservation 
Act (16 U.S.C. 757a-757g). 
MIGRATORY BIRD CONSERVATION ACCOUNT 
For an advance to the migratory bird conservation account, as 
authorized by the Act of October 4, 1971, as amended (16 U.S.C. 
715k-3, 5), $21,700,000, to remain available until expended. 
' 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition of 16 use 460/-4 
land or waters, or interest therein, in accordance with statutory 
^°^-
98 STAT. 1842 
PUBLIC LAW 98-473—OCT. 12, 1984 
authority applicable to the United States Fish and Wildlife Service, 
$64,508,000, to be derived from the Land and Water Conservation 
Fund, to remain available until expended: Provided, That $1,500,000 
for the Connecticut Coastal National Wildlife Refuge shall become 
available for obligation only upon enactment of authorizing 
legislation. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 1978 
(16 U.S.C. 715s), $5,760,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 206 
passenger motor vehicles of which 172 are for replacement only 
(including 64 for police-type use); purchase of 2 new aircraft for 
replacement only; acceptance of one donated aircraft as an addition; 
not to exceed $200,000 for payment, at the discretion of the Secre-
tary, for information, rewards, or evidence concerning violations of 
laws administered by the United States Fish and Wildlife Service 
and miscellaneous and emergency expenses of enforcement activi-
ties, authorized or approved by the Secretary and to be accounted 
for solely on his certificate; repair of damage to public roads within 
and adjacent to reservation areas caused by operations of the United 
States Fish and Wildlife Service; options for the purchase of land at 
not to exceed $1 for each option; facilities incident to such public 
recreational uses on conservation areas as are not inconsistent with 
their primary purpose; and the maintenance and improvement of 
aquaria, buildings, and other facilities under the jurisdiction of the 
United States Fish and Wildlife Service and to which the United 
States has title, and which are utilized pursuant to law in con-
nection with management and investigation of fish and wildlife 
resources. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, operation, and main-
tenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, including not to exceed $418,000 
for the Roosevelt Campobello International Park Commission, 
$500,000 for the Volunteers-in-the-Park program, not less than 
$3,400,000 for high priority projects within the scope of the approved 
budget which shall be carried out by Youth Conservation CJorps as if 
authorized by the Act of August 13,1970, £is amended by Public Law 
16 use 
93-408, and $350,000 for the National Capital Children's Museum 
1701-1706. 
and $350,000 for the Arena Stage as if authorized by the Historic 
Sites Act of 1935 (16 U.S.C. 462(e)), $625,365,000 without regard to 
the Act of August 24, 1912, as amended (16 U.S.C. 451): Provided, 
16 use 20b note. That the Park Service shall not enter into future concessionaire 
contracts, including renewals, that do not include a termination for 
cause clause that provides for possible extinguishment of possessory 
interests excluding depreciated book value of concessionaire invest-
ments without compensation: Provided further. That appropriations 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1843 
for maintenance and improvement of roads within the boundary of 
Indiana Dunes National Lakeshore shall be available for such pur-
poses without regard to whether title to such road rights-of-way is in 
the United States: Provided further. That $85,000 shall be available 
to assist the town of Harpers Ferry, West Virginia, for police force 
use. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, environmental 
compliance 
and 
review, and grant administration, not otherwise provided for, 
$11,338,000. 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the provisions of the 
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 
U.S.C. 470), $26,000,000 to be derived from the Historic Preservation 
Fund, established by section 108 of that Act, as amended, to remain 
16 USC 470h. 
available for obligation until September 30,1986. 
VISITOR FACILITIES FUND 
For grants to the National Park Foundation for reconstruction, 
rehabilitation, replacement, improvement, relocation, or removal of 
visitor facilities within the National Park System, and related 
expenses, as authorized by Public Law 97-433, $6,000,000 to remain 
16 USC 19aa 
available for obligation until September 30,1989, to be derived from 
note, 
the National Park System Visitor Facilities Fund. 
CONSTRUCTION 
For construction, improvements, repair or replacement of physical 
facilities, without regard to the Act of August 24, 1912, as amended 
(16 U.S.C. 451), $113,716,000, to remain available until expended, 
including $1,500,000 to carry out the provisions of sections 303 and 
304 of Public Law 95-290, $38,000 for a grant to the French Camp 
i6 use 4i0cc-33, 
Academy: Provided further, That for payment of obligations in- 4l0cc-34. 
curred for engineering services, road and bridge access, and twin 
main tunnel bore work for the Cumberland Gap Tunnel, as author-
ized by section 160 of Public Law 93-87, $28,000,000, to be derived 
87 Stat. 278. 
from the Highway Trust Fund and to remain available until 
expended to liquidate contract authority provided under section 
104(a)(8) of Public Law 95-599, as amended, such contract authority 
92 Stat. 2690. 
to remain available until expended. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition of 
i6 use 460M 
land or waters, or interest therein, in accordance with statutory 
note. 
authority applicable to the National Park Service, $150,220,000, to 
be derived from the Land and Water Conservation Fund, to remain 
available until expended, of which $75,000,000 is for the State 
Assistance program including $1,681,000 to administer the program: 
Provided, That State administrative expenses associated with the 
State grant portion of the State Assistance program shall not exceed 
98 STAT. 1844 
PUBLIC LAW 98-473—OCT. 12, 1984 
15 percent: Provided further, That none of the State Assistance 
funds may be used as a contingency fund: Provided further. That of 
the amounts previously appropriated to the Secretary's contingency 
fund for grants to States, $318,000 shall be available in 1985 for 
administrative expenses of the State grant program. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
For expenses necessary for operating and maintaining the nonper-
forming arts functions of the John F. Kennedy Center for the 
Performing Arts, $4,621,000. 
NATIONAL CAPITAL REGION ARTS AND CULTURAL AFFAIRS 
For the fiscal year ending September 30, 1986, for a program to 
support artistic and cultural programs in the National Capital 
region, $5,000,000, to remain available until expended: Provided, 
1
6 use le. 
That there is hereby established under the direction of the National 
Park Service a program to support and enhance artistic and cultural 
activities in the National Capital region. Eligibility for grants shall 
be limited to organizations of demonstrated national significance 
which meet at least two of the additional following criteria: 
(1) an annual operating budget in excess of $1,000,000; 
(2) an annual audience or visitation of at least 200,000 people; 
(3) a paid steiffof at least one hundred persons; or 
(4) eligibility under the Historic Sites Act of 1935 (16 U.S.C. 
462(e)). 
Public or private colleges and universities are not eligible for grants 
under this program. 
Grants awarded under this section may be used to support general 
operations and maintenance, security, or special projects. No organi-
zation may receive a grant in excess of $500,000 in a single year. 
The Director of the National Park Service shall establish an 
application process, appoint a review panel of five qualified persons, 
at least a majority of whom reside in the National Capital region, 
; 
and develop other program guidelines and definitions as required. 
The contractual amounts required for the support of Ford's Thea-
ter and Wolf Trap Farm Park for the Performing Arts shall be 
available within the amount herein provided without regard to any 
other provisions of this section. 
ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR 
COMMISSION 
For the establishment and operation of the Illinois and Michigan 
Canal National Heritage CJorridor Clommission, $250,000. 
JEFFERSON NATIONAL EXPANSION MEMORIAL COMMISSION 
For the establishment and operation of the Jefferson National 
Expansion Memorial CJommission, $75,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 1 aircraft for replacement only, 202 
passenger motor vehicles of which 163 shall be for replacement only, 
includmg not to exceed 106 for police-type use and 4 buses; and to 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1845 
provide, notwithstanding any other provision of law, at a cost not 
exceeding $100,000, transportation for children in nearby communi-
ties to and from any unit of the National Park System used in 
connection with organized recreation and interpretive programs of 
the National Park Service; options for the purchase of land at not to 
exceed $1 for each option; and for the procurement and delivery of 
medical services within the jurisdiction of units of the National 
Park System: Provided, That any funds available to the National 
Park Service may be used, with the approval of the Secretary, to 
maintain law and order in emergency and other unforeseen law 
enforcement situations and conduct emergency search and rescue 
operations in the National Park System: Provided further. That 
none of the funds appropriated to the National Park Service may be 
used to process any grant or contract documents which do not 
include the text of 18 U.S.C. 1913: Provided further. That none of the 
funds appropriated to the National Park Service may be used to add 
industrial facilities to the list of National Historic Landmarks with-
out the consent of the owner: Provided further. That the National 
Park Service may use helicopters and motorized equipment at Death 
Valley National Monument for removal of feral burros and horses: 
Provided further. That notwithstanding the requirements of section 
6(eXl) of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-8(e)), the properties which were the subject to grant 
16 use 460/-8. 
assistance from the Land and Water Conservation Fund and trans-
ferred by the city of Boise, Idaho, to the Bureau of Land Man-
agement for subsequent transfer to the Peregrine Fund shall be 
replaced, at no cost, with land administered by the Bureau of Land 
Man£igement: Provided further. That such replacement land shall be 
provided in accordance with the existing statewide comprehensive 
outdoor recreation plan, be of at least equal fair market value, and 
of reasonably equivalent usefulness and location. 
GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the Geological Survey to perform 
surveys, investigations, and research covering topography, geology, 
and the mineral and water resources of the United States, its 
Territories and possessions, and other areas £is authorized by law (43 
U.S.C. 31, 1332 and 1340); classify lands as to their mineral and 
water resources; give engineering supervision to power permittees 
and Federal Energy Regulatory Commission licensees; administer 
the minerals exploration program (30 U.S.C. 641); and publish and 
disseminate data relative to the foregoing activities; $420,664,000: 
Provided, That $52,066,000 shall be available only for cooperation 
with States or municipalities for water resources investigations: 
Provided further. That no part of this appropriation shall be used to 
43 use 50. 
pay more than one-half the cost of any topographic mapping or 
water resources investigations carried on in cooperation with any 
State or municipality: Provided further. That the Geological Survey 
is authorized to accept lands, buildings, equipment, and other contri-
butions from public and private sources and to prosecute projects in 
cooperation with other agencies. Federal, State, or private. 
98 STAT. 1846 
PUBLIC LAW 98-473—OCT. 12, 1984 
i
- 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the Geological Survey shall be 
available for purchase of not to exceed 12 passenger motor vehicles, 
for replacement only; reimbursement to the General Services Ad-
ministration for security guard services; contracting for the furnish-
ing of topographic maps and for the making of geophysical or other 
specialized surveys when it is administratively determined that such 
procedures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of 
lands for observation wells; expenses of the United States National 
Committee on Geology; and payment of compensation and expenses 
of persons on the rolls of the Geological Survey appointed, as 
authorized by law, to represent the United States in the negotiation 
and administration of interstate compacts. 
MINERALS MANAGEMENT SERVICE 
LEASING AND ROYALTY MANAGEMENT 
For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicJable 
to oil, gas, and other minerals leases, permits, licenses and operating 
contracts; and for matching grants or cooperative agreements; in-
cluding the purchase of not to exceed 8 passenger motor vehicles for 
replacement only; $166,818,000 of which not less than $39,890,000 
shall be available for royalty management activities including gen-
eral administration: Provided, That of the funds appropriated for 
the Minerals Management Service, $50,000 shall be available for 
administrative, travel, communications, per diem, and other neces-
sary expenses incurred by a nonprofit inter-industry organization in 
conducting meetings and workshops related to Outer Continental 
Shelf activities off Alaska. 
BUREAU OF MINES 
MINES AND MINERALS 
For expenses necessary for conducting inquiries, technological 
investigations and research concerning the extraction, processing, 
use and disposal of mineral substances without objectionable social 
and environmental costs; to foster and encourage private enterprise 
in the development of mineral resources and the prevention of waste 
in the mining, minerals, metal and mineral reclamation industries; 
to inquire into the economic conditions affecting those industries; to 
promote health £md safety in mines and the mineral industry 
through research; and for other related purposes as authorized by 
law, $138,734,000, of which $81,836,000 shall remain available until 
expended, together with $1,667,000 to be derived from the amount 
96 Stat. 838. 
appropriated in Public Law 97-257 to carry out the purposes of 
94 Stat. 3211. 
section 2(b) of Public Law 96-543. 
ADMINISTRATIVE PROVISIONS 
The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies. Federal, 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1847 
State, or private: Provided, That the Bureau of Mines is authorized, 
during the current fiscal year, to sell directly or through any 
Government agency, including corporations, any metal or mineral 
product that may be manufactured in pilot plants operated by the 
Bureau of Mines, and the proceeds of such sales shall be covered into 
the Treasury as miscellaneous receipts. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
30 use 1201 
$76,625,000, including the purchase of not to exceed 14 passenger 
note. 
motor vehicles, of which 9 shall be for replacement only; and 
uniform allowances of not to exceed $400 for each uniformed 
employee of the Office of Surface Mining Reclamation and 
Enforcement. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out the provisions of title IV of 
the Surface Mining Control and Reclamation Act of 1977, Public 
Law 95-87, including the purchase of not more than 21 passenger 
30 use 1231. 
motor vehicles, of which 15 shall be for replacement only, to remain 
available until expended, $303,001,000 to be derived from receipts of 
the Abandoned Mine Reclamation Fund: Provided, That pursuant to 
Public Law 97-365, the Department of the Interior is authorized to 
96 Stat. 1749. 
utilize up to 20 percent from the recovery of the delinquent debt 
owed to the United States Government to pay for contracts to collect 
these debts: Provided further. That of the funds made available to 
the States to contract for reclamation projects authorized in section 
406(a) of Public Law 95-87, administrative expenses may not exceed 
30 use 1236. 
15 percent: Provided further. That none of these funds shall be used 
to increase over the fiscal year 1984 level a reclamation grant to any 
State which has no active program to review regulatory permits for 
those individuals who have outstanding fines or penalties related to 
past coal mining violations. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements and grants including expenses necessary to 
provide education and welfare services for Indians, either directly or 
in cooperation with States and other organizations, including pay-
ment of care, tuition, assistance, and other expenses of Indians in 
boarding homes, institutions, or schools; grants and other assistance 
to needy Indians; maintenance of law and order; management, 
development, improvement, and protection of resources and appur-
tenant facilities under the jurisdiction of the Bureau of Indian 
Affairs, including payment of irrigation assessments and charges; 
acquisition of water rights; advances for Indian industrial and busi-
ness enterprises; operation of Indian arts and crafts shops and 
museums; development of Indian arts and crafts, as authorized by 
law; for the general administration of the Bureau of Indian Affairs, 
including such expenses in field offices, $895,834,000, of which not to 
98 STAT. 1848 
PUBLIC LAW 98-473—OCT. 12, 1984 
exceed $55,706,000 for higher education scholarships and assistance 
to public schools under the Act of April 16, 1934 (48 Stat. 596), as 
amended (25 U.S.C. 452 et seq.), shall remain available for obligation 
until September 30,1986, and the funds made available to tribes and 
tribal organizations through contracts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (88 Stat. 2203; 
25 U.S.C. 450 et seq.) shall remain available until September 30, 
1986: Provided, That this carryover authority does not extend to 
programs directly operated by the Bureau of Indian Affairs; and 
includes expenses necessary to carry out the provisions of section 
25 use 640d-i8. 19(a) of Public Law 93-531 (25 U.S.C. 640(d)-18(a)), $2,830,000, to 
remain available until expended: Provided further. That none of 
these funds shall be expended as matching funds for programs 
funded under section 103(a)(l)(B)(iii) of the Vocational Education Act 
of 1963, as amended (20 U.S.C. 2303(a)(l)(B)(iii)): Provided 
further, 
25 use 13b. 
That hereafter, funds appropriated under this or any other Act for 
the Bureau of Indian Affairs may be used for the payment in 
advance or from date or admission of care, tuition, assistance, and 
other expenses of Indians in boarding homes, institutions, or schools; 
and the payment of rewards for information or evidence concerning 
violations of law on Indian reservation lands or treaty fishing rights 
25 use 14a. 
use areas: Provided further, That hereafter moneys received by 
grant to the Bureau of Indian Affairs from other Federal agencies to 
carry out various programs for elementary and secondary education, 
handicapped programs, bilingual education, and other specific pro-
grams shall be deposited into the appropriation account available 
for the operation of Bureau schools during the period covered by the 
grant and shall remain available as otherwise provided by law: 
25 use 13c. 
Provided further. That hereafter any cost of providing lunches to 
nonboarding students in public schools from funds appropriated 
under this or any other Act for the Bureau of Indian Affairs shall be 
paid from the amount of such funds otherwise allocated for the 
schools involved without regard to the cost of providing lunches for 
such students: Provided further. That no part of any appropriations 
to the Bureau of Indian Affairs shall be available to provide general 
assistance paynients for Alaska Natives in the State of Alaska 
unless and until otherwise specifically provided for by Congress: 
25 use 13d. 
Provided further. That after September 30, 1985, no part of any 
appropriation (except trust funds) to the Bureau of Indian Affairs 
may be used directly or by contract for general or other welfare 
assistance (except child welfare assistance) pajnnents (1) for other 
than essential needs (specifically identified in regulations of the 
Secretary or in regulations of the State public welfare agency 
pursuant to the Social Security Act adopted by reference in the 
Secretary's regulations) which could not be reasonably expected to 
be met from financial resources or income (including funds held in 
trust) available to the recipient individual which are not exempted 
under law from consideration in determining eligibility for or the 
amount of Federal financial assistance or (2) for individuals who are 
eligible for general public welfare assistance available from a State 
except to the extent the Secretary of the Interior determines that 
such payments are required under sections 60t)X2), 6(i), and 9(b) of 
the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793,1794, 
1796; 25 U.S.C. 1725(bX2), 1725(i), 1728(b)): Provided further. That for 
the fiscal year ending September 30, 1985, the Secretary may not 
contract for the establishment or operation of a school not currently 
operated by the Bureau or assisted by the Bureau under contract. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1849 
CONSTRUCTION 
For construction, major repair and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands and interests in lands; preparation of lands for farming; and 
construction, 
repair, 
and 
improvement 
of 
Indian 
housing, 
$109,686,000, to remain available until expended: Provided, That 
such amounts as may be available for the construction of the Navajo 
Indian Irrigation Project may be transferred to the Bureau of 
Reclamation. 
ROAD CONSTRUCTION 
For construction of roads and bridges pursuant to authority con-
tained in 23 U.S.C. 203, the Act of November 2,1921 (42 Stat. 208; 25 
U.S.C. 13), and the Act of May 26,1928 (45 Stat. 750; 25 U.S.C. 318a), 
$6,000,000, to remain available until expended: Provided, That not 
to exceed 5 percent of contract authority available to the Bureau of 
Indian Affairs from the Federal Highway Trust Fund may be used 
to cover roads program management costs and construction supervi-
sion costs of the Bureau of Indian Affairs. 
UTAH PAIUTE TRUST FUND 
For deposit into the Economic Development and Tribal Govern-
ment Fund established pursuant to Public Law 98-219, to be held in 
Ante, p. ll. 
trust for the benefit of the Utah Paiute Tribe pursuant to that law, 
$2,500,000. 
TRIBAL TRUST FUNDS 
In addition to the tribal funds authorized to be expended by 
existing law, there is hereby appropriated not to exceed $4,000,000 
from tribal funds not otherwise available for expenditure and in 
addition hereafter tribal funds may be advanced to Indian tribes 
25 use I23c. 
during each fiscal year for such purposes as may be designated by 
the governing body of the particular tribe involved and approved by 
the Secretary including: expenditures for the benefit of Indians and 
Indian tribes; care, tuition, and other assistance to Indian children 
attending public and private schools (which may be paid in advance 
or from date of admission); purchase of land and improvements on 
land, title to which shall be taken in the name of the United States 
in trust for the tribe for which purchased; lease of lands and water 
rights; compensation and expenses of attorneys and other persons 
employed by Indian tribes under approved contracts; pay, travel, 
and other expenses of tribal officers, councils, committees, and 
employees thereof, or other tribal organizations, including mileage 
for use of privately owned automobiles and per diem in lieu of 
subsistence at rates established administratively but not to exceed 
those applicable to civilian employees of the Government; and relief 
of Indians, including cash grants. 
REVOLVING FUND FOR LOANS 
During fiscal year 1985, and within the resources and authority 
available, gross obligations for the principal amount of direct loans 
pursuant to the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 
1451 et seq.), shall not exceed $18,600,000. 
98 STAT. 1850 
PUBLIC LAW 98-473—OCT. 12, 1984 
INDIAN LOAN GUARANTY AND INSURANCE FUND 
During fiscal year 1985, total commitments to guarantee loans 
pursuant to the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 
1451 et seq.), may be made only to the extent that the total loan 
principal, any part of which is to be guaranteed, shall not exceed 
resources and authority available. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Indian Affairs (except the re-
volving fund for loans and the Indian loan guarantee and insurance 
fund) shall be available for expenses of exhibits; purchase of not to 
exceed 275 passenger carrying motor vehicles of which 225 shall be 
25 use I3e. 
for replacement only, and hereafter such appropriations under this 
or any other act shall be available for: the expenses of exhibits; 
advance payments for services (including services which may extend 
beyond the current fiscal year) under contracts executed pursuant to 
49 Stat. 1458. 
the Act of June 4, 1936 (48 Stat. 596), as amended (25 U.S.C. 452 et 
70 Stat. 986. 
seq.), the Act of August 3, 1956 (70 Stat. 896), as amended (25 U.S.C. 
309 et seq.), and legislation terminating Federal supervision over 
certain tribes; and expenses required by continuing or permanent 
25 use 16. 
treaty provision: Provided, That hereafter passenger carrying motor 
vehicles of the Bureau may be used for the transportation of Indi-
25 use 292c. 
ans: Provided further. That hereafter no part of any appropriations 
to the Bureau of Indian Affairs under this or any other Act shall be 
available to continue academic and residential programs of the 
Chilocco, Seneca, Concho, and Fort Sill boarding schools, Oklahoma; 
Mount Edgecumbe boarding school, Alaska; Intermountain boarding 
school, Utah; and Stewart boarding school, Nevada: Provided fur-
25 use 290a. 
ther. That hereafter no part of any appropriation to the Bureau of 
Indian Affairs under this or any other act shall be used to subject 
the transportation of school children to any limitation on travel or 
transportation expenditures for Federal employees: Provided fur-
ther. That notwithstanding any other provision of law, within sixty 
days of enactment of this Act, the Secretary of the Interior shall 
employ in the Flathead Irrigation and Power Project of the Bureau 
of Indian Affairs twenty-eight employees of the Joint Board of 
Control of the Flathead, Mission, and Jocko Valley Irrigation Dis-
tricts at appropriate rates of pay which shall not be less than their 
25 use 2001 
rates of pay as of September 27,1984: Provided further. That none of 
note. 
the funds contained in this Act may be used to implement the 
provisions of sections 501 through 512 of title V of S. 2496 as agreed 
Post, p. 2391. 
to by the Senate on October 3,1984 (legislative day of September 24, 
1984). 
TERRITORIAL AND INTERNATIONAL AFFAIRS 
ADMINISTRATION OF TERRITORIES 
For expenses necessary for the administration of Territories 
under the jurisdiction of the Department of the Interior, $76,554,000, 
of which (1) not to exceed $73,826,000 shall be available until 
expended for technical assistance; grants to the judiciary in Ameri-
can Samoa for compensation and expenses, as authorized by law (48 
U.S.C. 1661(c)); grants to American Samoa, in addition to current 
local revenues, for support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law (Public Law 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1851 
98-213); construction grants to Guam of $5,725,000; direct grants to 
the Government of the Northern Mariana Islands as authorized by 
law (Public Law 94-241, 90 Stat. 272, and Public Law 96-205, 94 
Stat. 86); and (2) not to exceed $2,728,000 for fiscal year 1985 salaries 
and expenses of the Office of Territorial and International Affairs: 
Provided, That the Territorial and local governments herein pro-
vided for are authorized to make purchases through the General 
Services Administration: Provided further, That all financial trans-
actions of the Territorial and local governments herein provided for, 
including such transactions of all agencies or instrumentalities 
established or utilized by such governments, shall be audited by the 
General Accounting Office, in accordance with the provisions of 
the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and 
the Accounting and Auditing Act of 1950 (64 Stat. 834): Provided 
further. That moneys heretofore appropriated by Public Law 97-394 
and Public Law 98-146, or hereinafter appropriated for a direct 
grant or grants to the Northern Mariana Islands for the purpose of 
building health care facilities, as authorized by section 202 of Public 
Law 96-205, were and shall be transferred directly to the Northern 
Mariana Islands without regard to, limitation of, or restriction 
under laws, regulations, Office of Management and Budget circu-
lars, or policy directives, except in the discretion of the Secretary of 
the Interior. 
97 
Stat. 1459. 
48 
u s e 1401f, 
1423Z, 1665. 
48 
use 1469b. 
96 
Stat. 1968. 
97 
Stat. 919. 
94 
Stat. 86. 
TRUST TERRITORY OF THE PACIFIC ISLANDS 
For expenses necessary for the Department of the Interior in 
administration of the Trust Territory of the Pacific Islands pursuant 
to the Trusteeship Agreement approved by joint resolution of July 
18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), 
as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), grants for the 
48 use 1681 
expenses of the High Commissioner of the Trust Territory of 
note. 
the Pacific Islands; grants for the compensation and expenses of the 
Judiciary of the Trust Territory of the Pacific Islands; grants to the 
Trust Territory of the Pacific Islands in addition to local revenues, 
for support of governmental functions; $100,811,000, of which 
$79,311,000 is for operations, and $21,500,000 is for construction, to 
remain available until expended: Provided, That all financial trans- 
48 use 1683. 
actions of the Trust Territory, including such transactions of all 
agencies or instrumentalities established or utilized by such Trust 
Territory, shall be audited by the General Accounting Office in 
accordance with the provisions of the Budget and Accounting Act, 
1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act 
of 1950 (64 Stat. 834): Provided further. That the government of the 
48 USC 1687. 
Trust Territory of the Pacific Islands is authorized to make pur-
chases through the General Services Administration. 
DEPARTMENTAL OFFICES 
OFFICE OF THE SECRETARY 
For necessary expenses of the Office of the Secretary of the 
Interior, $45,544,000, of which not to exceed $10,000 may be for 
official reception and representation expenses. 
OFFICE OF THE SOUCITOR 
For necessary expenses of the Office of the Solicitor, $20,548,000. 
98 STAT. 1852 
PUBLIC LAW 98-473—OCT. 12, 1984 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, 
$17,253,000. 
CONSTRUCTION MANAGEMENT 
For necessary expenses of the Office of Construction Management, 
$750,000. 
OFFICE OF THE SECRETARY 
(SPECIAL FOREIGN CURRENCY PROGRAM) 
For payment in foreign currencies which the Treasury Depart-
ment shall determine to be excess to the normal requirements of the 
United States, for necessary expenses of the United States Fish and 
Wildlife Service as authorized by law, $2,000,000, to remain avail-
able until expended: Provided, That this appropriation shall be 
available, in addition to other appropriations, to such office for 
payments in the foregoing currencies (7 U.S.C. 1704). 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available re-
sources within the Working Capital Fund, 10 additional aircraft, 4 of 
which shall be for replacement only: Provided, That no programs 
funded with appropriated funds in the "Office of the Secretary", 
"Office of the Solicitor", and "Office of Inspector General" may be 
augmented through the Working Capital Fund or the Consolidated 
Working Fund. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
Funds. 
SEC 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, re-
placement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have 
been exhausted. 
SEC. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of forest or range fires on or 
threatening lands under jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands under its 
jurisdiction; for emergency actions related to potential or actual 
earthquakes or volcanoes; for emergency reclamation projects under 
30 use 1240. 
section 410 of Public Law 95-87; and shall transfer, from any no 
year funds available to the Office of Surface Mining Reclamation 
and Enforcement, such funds as may be necessary to permit assump-
tion of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for fire suppression 
purposes shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other equip-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1853 
ment in connection with their use for fire suppression purposes, 
such reimbursement to be credited to appropriations currently 
available at the time of receipt thereof: Provided further, That funds 
transferred pursuant to this section must be replenished by a sup-
plemental appropriation which must be requested as promptly as 
possible. 
SEC. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, U.S.C.: Provided, That reimburse-
ments for costs and supplies, materials, equipment, and for services 
rendered may be credited to the appropriation current at the time 
such reimbursements are received. 
SEC. 104. Appropriations made to the Department of the Interior 
in this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to 
exceed $300,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when authorized 
under regulations approved by the Secretary, and the payment of 
dues, when authorized by the Secretary, for library membership in 
societies or associations which issue publications to members only or 
at a price to members lower than to subscribers who are not 
members: Provided, That no funds available to the Department of 
the Interior are available for any expenses of the Great Hall of 
Commerce. 
SEC. 105. Appropriations available to the Department of the Inte-
rior for salaries and expenses shall be available for uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and 
D.C. Code 4-204). 
SEC. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued by the General Serv-
ices Administration for services or rentals for periods not in excess 
of twelve months beginning at any time during the fiscal year. 
SEC. 107. No funds provided in this title may be expended by the 
Department of the Interior for the procurement, leasing, bidding, 
exploration, or development of lands within the Department of the 
Interior Central and Northern California Planning Area which lie 
north of the line between the row of blocks numbered N816 and the 
row of blocks numbered N817 of the Universal Transverse Mercator 
Grid System. 
SEC, 108. No funds provided in this title may be expended by the 
Department of the Interior for the preparation for, or conduct of, 
pre-leasing and leasing activities (including but not limited to: calls 
for information, tract selection, notices of sale, receipt of bids and 
award of leases) of lands within: 
(a) An area of the Outer Continental Shelf, as defined in 
section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1331(a)), located in the Atlantic Ocean, bounded by the following 
line: from the intersection of the seaward limit of the Common-
wealth of Massachusetts territorial sea and the 71 degree west 
longitude line south along that longitude line to its intersection 
with the line which passes between blocks 598 and 642 on Outer 
(Ilontinental Shelf protraction diagram NK 19-10; then along 
that line in an easterly direction to its intersection with the line 
Contracts. 
Outer 
Continental 
Shelf. 
98 STAT. 1854 
PUBLIC LAW 98-473—OCT. 12, 1984 
between blocks 600 and 601 of protraction diagram NK 19-11; 
then in a northerly direction along that line to the intersection 
with the 60 meter isobath between blocks 204 and 205 of pro-
traction diagram NK 19-11; then along the 60 meter isobath, 
starting in a roughly southeasterly direction; then turning 
roughly northeast, north, and west until such isobath intersects 
with the northern boundary of block 974 of protraction diagram 
NK 19-6; then along the line that lies between blocks 930 and 
974 of protraction diagram NK 19-6 in a westerly direction to 
' 
the first point of intersection with the seaward limit of the 
Commonwealth of Massachusetts territorial sea; then south-
westerly along the seaward limit of the territorial sea to the 
point of beginning at the intersection of the seaward limit of the 
territorial sea and the 71 degree west longitude line. 
(b) The following blocks are excluded from the described area: 
In protraction diagram NK 19-10, blocks numbered 474 through 
478, 516 through 524, 560 through 568, and 604 through 612; in 
protraction diagram NK 19-6, blocks numbered 969 through 
971; in protraction diagram NK 19-5, blocks numbered 1005 
through 1008; and in protraction diagram NK 19-8, blocks 
numbered 37 through 40, 80 through 84, 124 through 127, and 
168 through 169. 
(c) The following blocks are included in the described area: In 
protraction diagram NK 19-11, blocks numbered 633 through 
644, 677 through 686, 721 through 724, 765 through 767, 809 
through 810, and 853; in protraction diagram NK 19-9, blocks 
numbered 106, 150, 194, 238, 239, and 283; and in protraction 
diagram NK 19-6, blocks numbered 854, 899, 929, 943, 944, and 
987. 
(d) Blocks in and at the head of submarine canyons: An area 
of the Outer Continental Shelf, as defined in section 2(a) of the 
43 use 1331. 
Outer Continental Shelf Lands Act (45 U.S.C. 1331(a)), located in 
the Atlantic Ocean off the coastline of the Commonwealth of 
Massachusetts, lying at the head of, or within the submarine 
canyons known as Atlantis Canyon, Veatch Canyon, Hydrogra-
pher Canyon, Welker Canyon, Oceanographer Canyon, Gilbert 
Canyon, Lydonia Canyon, Alvin Canyon, Powell Canyon, 
Munson Canyon, and Corsair Canyon, and consisting of the 
following blocks, respectively: 
(1) On Outer Continental Shelf protraction diagram NJ 
19-1; blocks 36, 37, 38, 42-44, 80-82, 86-88, 124, 125, 
130-132,168,169,174-176,212,213. 
(2) On Outer Continental Shelf protraction diagram NJ 
19-2; blocks 8, 9,17-19, 51-52, 53, 54, 61-63, 95-98,139,140. 
(3) On Outer Continental Shelf protraction diagram NK 
19-10; blocks 916, 917, 921, 922, 960, 961, 965, 966, 
1003-1005,1009-1011. 
(4) On Outer Continental Shelf protraction diagram NK 
19-11; blocks 521, 522, 565, 566, 609, 610, 653-655, 697-700, 
734, 735, 741-744, 769, 778-781, 785-788, 813, 814, 822-826, 
829-831, 857, 858, 866-869, 873-875, 901, 902, 910-913, 917, 
945-947, 955, 956, 979, 980, 989-991, 999. 
(5) On Outer Continental Shelf protraction diagram NK 
19-12; blocks 155, 156, 198, 199, 280-282, 324-326, 369-371, 
401, 413-416, 442-446, 450, 451, 489-490, 494, 495, 530, 531, 
533-540, 574, 575, 577-583, 618, 619, 621-623, 626, 627, 662, 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1855 
663, 665-667, 671, 672, 706, 707, 710, 711, 750, 751, 754, 755, 
794,795,798,799. 
(6) On Outer Continental Shelf protraction diagram NK 
19-9; blocks 559-561, 603-607, 647-651, 693-695, 737-739. 
(7) On Outer Continental Shelf protraction diagram NK 
20-7; blocks 706, 750, 662, 618, 574. 
(e) Nothing in this section shall prohibit the lease of that 
portion of any blocks described in subsection (d) above which 
lies outside the geographical boundaries of the submarine can-
yons and submarine canyon heads described in subsection (d) 
above: Provided, That for purposes of this subsection, the geo-
graphical boundaries of the submarine canyons and submarine 
canyon heads shall be those recognized by the National Oceano-
graphic and Atmospheric Administration, Department of Com-
merce, on the date of enactment of this Act. 
(f) Nothing in this section shall prohibit the Secretary of the 
Interior from granting contracts for scientific study, the results 
of which could be used in making future leasing decisions in the 
planning area and in preparing environmental impact state-
ments as required by the National Environmental Policy Act. 
(g) References made to blocks, protraction diagrams, and 
isobaths are to such blocks, protraction diagrams, and isobaths 
as they appear on the map entitled Outer Continental Shelf of 
the North Atlantic from 39° to 45" North Latitude (Map No. 
MMS-10), prepared by the United States Department of the 
Interior, Minerals Management Service, Atlantic OCS Region. 
SEC. 109. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance changing the name of the mounteiin located 63 degrees, 04 
minutes, 15 seconds west, presently named and referred to as Mount 
McKinley. 
SEC. no. Notwithstanding any other provision of law, appropria-
tions in this title shall be available to provide insurance on official 
motor vehicles, aircraft, and boats operated by the Department of 
the Interior in Canada and Mexico. 
SEC. 111. No funds provided in this title may be expended by the 
Department of the Interior for the lease sale of tracts in Lease Sale 
numbered 80 within the following areas: 
(1) an area of the Department of the Interior Southern Cali-
fornia Planning Area bounded by the following line on the 
California (Lambert) Plane Coordinate System: From the point 
of intersection of the international boundary line between the 
United States and Mexico and the seaward boundary of the 
California State Tidelands west along said international bound-
ary line to the point of intersection with the line between the 
row of blocks numbered 28 west and the row of blocks numbered 
27 west; thence north to the northeast corner of block 20 north, 
28 west; thence northwest to the southwest corner of block 29 
north, 35 west; thence north along the line between the row of 
blocks numbered 36 west and the row of blocks numbered 35 
west to its intersection with the seaward boundary of the Cali-
fomia State Tidelands; thence easterly along the seaward 
boundary of the California State Tidelands to the point of 
beginning; 
(2) a portion of the Department of the Interior Southern 
California Planning Area which lies both: (a) east of the line 
between the row of blocks numbered 53 west and the row of 
42 u s e 4321 
note. 
Mt. McKinlejf, 
Insurance. 
California lands, 
leasing. 
98 STAT. 1856 
PUBLIC LAW 98-473—OCT. 12, 1984 
blocks numbered 52 west, and (b) north of the line between the 
row of blocks numbered 34 north and the row of blocks num-
bered 35 north, on the California (Lambert) Plane Coordinate 
System; 
(3) the boundaries of the Channel Island National Marine 
Sanctuary, as defined by title 15, part 935.3 of the Code of 
Federal Regulations; and 
(4) the boundaries of the Santa Barbara Channel Ecological 
Preserve and Buffer Zone, as defined by the Department of the 
Interior, Bureau of Land Management Public Land Order num-
bered 4587 (vol. 34, page 5655 Federal Register March 26,1969). 
This section shall not affect the authority of the Secretary of the 
Interior to approve any plan, or to grant any license or permit, 
which is restricted to scientific exploration or other scientific activi-
ties, or other preleasing activities necessary up to the point of sale. 
SEC. 112. No funds provided in this title may be used to detail any 
employee to an organization unless such detail is in accordance with 
Office of Personnel Management regulations. 
97 Stat. 13. 
SEC. 113. Notwithstanding the provisions of Public Law 98-8, the 
deadline for outlaying Federal funds provided in that Act under the 
headings "Repairing and Restoring Parks and Recreational Facili-
ties," "Historic Preservation Fund," and "Land and Water Conser-
vation Fund" is extended to March 1,1985, 
TITLE II—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST RESEARCH 
For necessary expenses of forest research as authorized by law, 
$123,433,000, of which $8,000,000 shall remain available until ex-
pended for competitive research grants, as authorized by section 5 of 
1
6 use 1644. 
Public Law 95-307. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with, and providing techni-
cal and financial assistance to States, Territories, possessions, and 
others; and for forest pest management activities, $59,505,000, to 
remain available for obligation until expended, to carry out activi-
1
6 use 2101 
ties authorized in Public Law 95-313: Provided, That a grant of 
note. 
$3,000,000 shall be made to the State of Minnesota for the purposes 
92 Stat. 1652. 
authorized by section 6 of Public Law 95-495: Provided further. That 
not less than $35,000 in pest suppression funds shall be provided for 
suppression of oak wilt in the State of Texas: Provided further. That 
$325,000 shall be made available to the Disabled Veterans Recrea-
tion, Inc., for construction of and other improvements to the Dis-
abled Veterans Wilderness Retreat in Ely, Minnesota, for purposes 
92 Stat. 1658. 
authorized by section 18(d) of Public Law 95-495. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for management, protection, improvement, and utilization 
of the National Forest System, and for liquidation of obligations 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1857 
incurred in the preceding fiscal year for forest fire protection and 
emergency rehabilitation, including administrative expenses associ-
ated with the management of funds provided under the heads 
"Forest Research", "State and Private Forestry", "National Forest 
System", "Construction", and "Land Acquisition", and not less than 
$3,300,000 for high priority projects within the scope of the approved 
budget which shall be carried out by Youth Conservation Corps as if 
authorized by the Act of August 13,1970, as amended by Public Law 
93-408, $1,067,020,000 of which $151,095,000, for reforestation and 
16 USC 
timber stand improvement, cooperative law enforcement, and main- 
1701-1706. 
tenance of forest development roads and trails shall remain avail-
able for obligation until September 30,1986. 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for construction, $268,635,000, of which $226,290,000 shall 
be derived by transfer from the unused funds for timber purchaser 
road credits previously appropriated under the heading "Forest 
Roads" in Public Law 94-373, Public Law 95-74, and Public Law 
90 Stat. 1043. 
95-465 and under the heading "Construction and Land Acquisition" 
91 Stat. 285. 
in Public Law 96-196 and Public Law 96-514, to remain available 
^| ^gf; Jf ^• 
until expended, of which $26,922,000 is for construction and acquisi- 
94 Stat! 2957. 
tion of buildings and other facilities; and $241,713,000 is for 
construction of forest roads and trails by the Forest Service as 
authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, 
That funds becoming available in fiscal year 1985 under the Act of 
March 4, 1913 (16 U.S.C. 501), shall be transferred to the General 
Fund of the Treasury of the United States: Provided further. That 
no more than $196,226,000, to remain available without fiscal year 
limitation, shall be obligated for the construction of forest roads by 
timber purchasers. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition of 
16 USC 460/-4 
land or waters, or interest therein, in accordance with statutory 
^°^-
authority applicable to the Forest Service, $44,493,000, to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended: Provided, That $2,000,000 shall be available for the 
acquisition of oil, gas, and other mineral interests in the Allegheny 
National Forest: Provided further. That such funds shall be avail-
able for obligation only to the extent that the Secretary of Agricul-
ture deems necessary to carry out the purposes of the Pennsylvania 
Wilderness Act of 1984. 
Ante, p. 3ioo. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS, SPECIAL ACTS 
For acquisition of land within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 
National Forest, Nevada; and the Angeles, San Bernardino, and 
Cleveland National Forests, California, as authorized by law, 
$782,000, to be derived from forest receipts. 
98 STAT. 1858 
PUBLIC LAW 98-473—OCT. 12, 1984 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands in accordance with the Act of December 4, 
1967 (16 U.S.C. 484a), all funds deposited by public school authorities 
pursuant to that Act, to remain available until expended. 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, protection, and 
improvement in accordance with section 401(bXl), of the Act of 
43 use 1751. 
October 21, 1976, Public Law 94-579, as amended, 50 per centum of 
all moneys received during the prior fiscal year, as fees for grazing 
domestic livestock on lands in National Forests in the sixteen 
Western States, to remain available until expended. 
MISCELLANEOUS TRUST FUNDS 
For expenses authorized by 16 U.S.C. 1643(b), $90,000, to remain 
available until expended, to be derived from the fund established 
pursuant to 16 U.S.C. 1643(b). 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 179 psissenger 
motor vehicles of which 8 will be used primarily for law enforcement 
purposes and of which 163 shall be for replacement only, acquisition 
of 184 passenger motor vehicles from excess sources, and hire of 
such vehicles; operation and maintenance of aircraft, the purchase 
of not to exceed 4 for replacement only, and acquisition of 45 aircraft 
from excess sources; (b) services pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $100,000 for emplo5mient under 5 U.S.C. 3109; (c) uniform 
allowances for each uniformed employee of the United States Forest 
Service, not in excess of $400 annually; (d) purchase, erection, and 
alteration of buildings and other public improvements (7 U.S.C. 
2250); (e) acquisition of land, waters, and interests therein, pursuant 
to the Act of August 3, 1956 (7 U.S.C. 428a); and (f) for expenses 
pursuant to the Volunteers in the National Forest Act of 1972 (16 
U.S.C. 558a, 558d, 558a note). 
None of the funds made available under this Act shall be obli-
gated or expended to adjust annual recreational residence fees to an 
amount greater than that annual fee in effect at the time of the next 
to last fee adjustment, plus 50 per centum. In those cases where the 
currently applicable annual recreational residence fee exceeds that 
adjusted amount, the Forest Service shall credit to the permittee 
that excess amount, times the number of years that that fee has 
been in effect, to offset future fees owed to the Forest Service. 
Current permit holders who acquired their recreational residence 
permit after the next to last fee adjustment shall have their annual 
permit fee computed as if they had their permit prior to the next to 
l£ist fee adjustment, except that no permittee shall receive an un-
earned credit. 
None of the funds made available under this Act shall be obli-
gated or expended to change the boundaries of any region, to abolish 
any region, to move or close any regional office for research. State 
and private forestry, or National Forest System administration of 
the Forest Service, Department of Agriculture, without the consent 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1859 
of the House and Senate Committees on Appropriations and the 
Committee on Agriculture, Nutrition, and Forestry in the United 
States Senate and the Committee on Agriculture in the United 
States House of Representatives. 
Any appropriations or funds available to the Forest Service may 
be advanced to the National Forest System appropriation for the 
emergency rehabilitation of burned-over lands under its jurisdiction. 
Appropriations and funds available to the Forest Service shall be 
available to comply with the requirements of section 313(a) of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)). 
The appropriation structure for the Forest Service may not be 
altered without advance approval of the House and Senate Commit-
tees on Appropriations. 
Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development 
and the Office of International Cooperation and Development in 
. 
connection with forest and rangeland research and technical infor-
mation and assistance in foreign countries. 
Funds previously appropriated for timber salvage sales may be 
recovered from receipts deposited for use by the applicable national 
forest and credited to the Forest Service Permanent Appropriations 
to be expended for timber salvage sales from any national forest. 
Provisions of section 702(b) of the Department of Agriculture 
Organic Act of 1944 (7 U.S.C. 2257) shall apply to appropriations 
available to the Forest Service only to the extent that the proposed 
transfer is approved by the House and Senate Committees on Appro- 
| , 
priations in compliance with the reprogramming procedures con- 
, 
tained in House Report 97-942. 
No funds appropriated to the Forest Service shall be transferred 
to the Working Capital Fund of the Department of Agriculture 
without the approval of the Chief of the Forest Service. 
Notwithstanding any delegations of authority provided for in the 
regulations of the Department of Agriculture or in the Forest 
Service manual, the Chief of the Forest Service shall, personally and 
without aid of mechanical devices or persons acting on his behalf, 
execute (1) all deeds conveying federally owned land which exceeds 
$250,000 in value, (2) all acceptances of options on lands to be 
acquired which exceed $250,000 in value, (3) all recommendations 
that condemnation be initiated, (4) all letters accepting donations of 
land, (5) all decisions on appeals of decisions related to land transac-
tions made by regional foresters, and (6) land related transmittals to 
the House or Senate Committees on Appropriations, including all 
proposals for congressional action such as the acquisition of lands in 
excess of the approved appraised value, condemnation actions, and 
other items covered in reprogramming guidelines. 
Not to exceed $900,000 shall be available from National Forest 
System appropriations or permanent appropriations for the specific 
purpose of removing slash and cull logs from the Bull Run, Oregon, 
* > 
watershed to preserve water quality and reduce fire hazards. 
98 STAT. 1860 
PUBLIC LAW 98-473—OCT. 12, 1984 
DEPARTMENT OF THE TREASURY 
>.; 
ENERGY SECURITY RESERVE 
(RESCISSION) 
Of the funds appropriated to the Energy Security Reserve by the 
Department of the Interior and Related Agencies Appropriations 
93 Stat. 954. 
Act, 1980 (Public Law 96-126) and subsequently made available to 
carry out title I, part B of the Energy Security Act (Public Law 
42 use 8701 
96-294) by Public Laws 96-304 and 96-514, $5,375,000,000 are re-
q4*st 
Hvi 
scinded: Provided, That of the remaining funds in the Energy 
94 Stat 2957 
Security Reserve for carrying out title I, part B of the Energy 
Security Act, the amount of $5,700,000,000 shall be initially avail-
able only for obligation to projects with Letters of Intent authorized 
by the Board of Directors of the United States Synthetic Fuels 
Corporation on or before June 1, 1984; and, if by reason of Board 
determinations that the Corporation will not enter into financial 
assistance contracts with projects for which such Letters were au-
thorized, or that lesser amounts of financial assistance than those 
specified in such authorizations shall be awarded, there remains a 
balance of such amount which is unobligated and uncommitted, 50 
percent of said balance shall cease to be available for obligation and 
the remaining 50 percent of said balance shall thereafter be avail-
able for commitment or obligation by the Corporation pursuant to 
42 use 8701 
the Energy Security Act: Provided further, That until such time as 
note„ 
the comprehensive strategy is approved pursuant to section 126(c) of 
42 use 8722. 
the Energy Security Act, the Board of Directors shall solicit propos-
als and award financial assistance pursuant to applicable sections of 
the Energy Security Act without regard to the national synthetic 
42 use 8721. 
fuel production goal established under section 125 of the Act: 
Provided further, That of the $5,375,000,000 rescinded from the 
Energy Security Reserve, $750,000,000 shall be deposited and re-
tained in a separate account hereby established in the Treasury of 
the United States, entitled the "Clean Coal Technology Reserve," 
which account and the appropriations therefor, shall be available 
for the purpose of conducting cost-shared clean coal technology 
projects for the construction and operation of facilities to demon-
strate the feasibility for future commercial application of such 
technology, including those identified in section 320 of the fiscal 
year 1985 Department of the Interior and Related Agencies 
Appropriations Act, as reported by the Senate Committee on Appro-
priations (H.R. 5973, Senate Report 98-578), without fiscal year 
limitation, subject to subsequent annual appropriation in the De-
partment of the Interior and Related Agencies Appropriations Act. 
42 use 8713. 
Section 117 of the United States Synthetic Fuels Corporation Act 
of 1980 is amended by adding at the end thereof the following new 
subsection: 
42 use 8714. 
"(f) Subject to section 118, Directors, officers, and employees of the 
Corporation shall be subject to the same standards of ethical con-
duct and financial reporting as are set forth in Executive Order 
18 use 201 note. 11222. The Chairman shall promptly implement such standards.". 
42 use 8768. 
Section 168 of the United States Synthetic Fuels Corporation Act 
of 1980 is amended by— 
(1) Redesignating section 168 as subsection 168(a); and 
(2) Inserting at the end thereof the following new subsection: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1861 
"(b) An aggrieved person may bring action in the district courts of 
Courts, U.S. 
the United States to enforce, and secure compliance with, the 
policies and guidelines of the Corporation implementing the require-
ments of subsections 121 (a) and (b) for public disclosure of informa- 
42 use 8717. 
tion and the requirements of subsection 116(f) for meetings of the 
42 use 8712. 
Board of Directors to be open to the public and preceded by reasona-
ble public notice.". 
DEPARTMENT OF ENERGY 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of 
Energy Organization Act (Public Law 95-91), including the acquisi- 42 use 7101 
tion of interest, including defeasible and equitable interests in any note. 
real property or any facility or for plant or facility acquisition or 
expansion, $280,558,000, to remain available until expended, and 
$39,196,000 to be derived by transfer from unobligated balances in 
the "fossil energy construction" account, $5,800,000 to be derived by 
transfer from the account in Public Law 96-126 (93 Stat. 970 (1979)) 
entitled "Alternative Fuels Production", $2,500,000 to be derived by 
transfer from unobligated prior year balances in the energy produc-
tion, demonstration, and distribution account, and $3,000,000 is to be 
derived by transfer from amounts derived from fees for guarantees 
of obligations collected pursuant to section 19 of the Federal Nonnu-
clear Energy Research and Development Act of 1974, as amended 
(42 U.S.C. 5919), and deposited in the Energy Security Reserve 
established by Public Law 96-126: Provided, That no part of the sum 
herein made available shall be used for the field testing of nuclear 
explosives in the recovery of oil and gas: Provided further. That 
$7,500,000 of the sum provided under this heading shall be available 
for demonstration of the Kilngas coal gasification process, with the 
provision that the United States Treasury shall be repaid up to 
double the total Federal expenditure for such process from proceeds 
to the participants from the commercial sale, lease, manufacture, or 
use of such process. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For necessary expenses in canying out naval petroleum and oil 
shale reserves activities, including the purchase of not to exceed 2 
passenger motor vehicles, $160,076,000 to remain available until 
expended. 
ENERGY CONSERVATION 
For necessary expenses in carrying out energy conservation activi-
ties, $467,969,000 to remain available until expended: Provided, That 
for the base State Energy Conservation Program (part D of the 
42 use 6323a. 
Energy Policy and Conservation Act, sections 361 through 366), each 
^LV^^QOC 
State will hereafter match in cash or in kind not less than 20 ^^^i-^-^^^ 
percent of the Federal contribution: Provided further. That these 
funds may be used for grants to the Commonwealth of the Northern 
Mariana Islands, the Federated States of Micronesia, the Republic of 
the Marshall Islands, and the Republic of Palau under part D of title 
98 STAT. 1862 
PUBLIC LAW 98-473—OCT. 12, 1984 
III of the Energy Policy and Conservation Act (relating to primary 
and supplemental State energy conservation programs, 42 U.S.C. 
6321-6327) and under the National Energy Extension Service Act 
(42 U.S.C. 7001-7011): Provided further, That pursuant to section 
lll(bXl)(B) of the Energy Reorganization Act of 1974, as amended, 
42 U.S.C. 5821(b)(1)(B), of the amount appropriated under this head, 
$16,000,000 shall be available for a grant for basic industry research 
facilities located at Northwestern University without section 
111(b)(2) of such Act being applicable. 
ECONOMIC REGULATION 
For necessary expenses in carrying out the activities of the Eco-
nomic Regulatory Administration and the Office of Hearings and 
Appeals, $25,247,000. 
EMERGENCY PREPAREDNESS 
For necessary expenses in carrying out emergency preparedness 
activities, $6,220,000. 
SPR PETROLEUM ACCOUNT 
The aggregate amount that may be obligated under section 167 of 
42 use 6247. 
the Energy Policy and Conservation Act of 1975 (Public Law 94-163), 
as amended by the Omnibus Budget Reconciliation Act of 1981 
(Public Law 97-35), for the acquisition and transportation of 
petroleum, and for other necessary expenses, is $2,049,550,000, in 
addition to authority provided in fiscal years 1982,1983, and 1984, to 
remain available until expended: Provided, That the minimum re-
quired fill rate during fiscal year 1985 shall be not less than 159,000 
barrels per day. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities of the 
Energy Information Administration, $61,657,000. 
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY 
Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, 
and operation of aircraft; purchase, repair, and cleaning of uni-
forms; and reimbursement to the General Services Administration 
for security guard services. 
From this appropriation, transfers of sums may be made to other 
agencies of the Government for the performance of work for which 
the appropriation is made. 
None of the funds made available to the Department of Energy 
under this Act shall be used to implement or finance authorized 
price support or loan guarantee programs unless specific provision is 
made for such programs in an appropriations Act. 
The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
grosecute projects in cooperation with other agencies. Federal, 
tate, private, or foreign: Provided, That (1) revenues received from 
the sale of any products produced in facilities other than demonstra-
tion plants operated as part of Department of Energy programs 
appropriated under this Act shall be covered into the Treasury as 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1863 
miscellaneous receipts; and (2) revenues and other moneys received 
• 
by or for the account of the Department of Energy or otherwise 
generated by sale of products in connection with demonstration 
plant projects of the Department appropriated under this Act may 
be retained by the Secretary of Energy, to be available until 
expended, and used only for plant construction, operation, costs, 
and payments to cost-sharing entities as provided in appropriate 
cost-sharing contracts or agreements: Provided further. That the 
remainder of revenues after the making of such payments shall be 
covered into the Treasury as miscellaneous receipts: Provided fur-
ther. That any contract, agreement or provision thereof entered into 
by the Secretary pursuant to this authority shall be submitted to the 
Senate Committee on Appropriations and the House Committee on 
Appropriations and a period of thirty days shall elapse while Con-
gress is in session (in computing the thirty days, there shall be 
excluded the days on which either the Senate or the House is not in 
session because of adjournment for more than three days) before the 
contract, agreement or provision thereof shall become effective, 
• 
except that such committees, after having received the proposed 
contract, agreement or provision thereof, may, by separate resolu-
tions in writing, waive the condition of all or any portion of such 
thirty-day period. 
Where the Secretary has the legal authority under other provi-
sions of law, including other provisions of this Act, to undertake 
projects for the design, construction, or operation of Government-
owned facilities for developing or demonstrating the conversion of 
coal into gaseous, liquid, or solid hydrocarbon products, the Secre-
tary may use the authority contained in Public Law 85-804 (50 
U.S.C. 1431-1435), with respect to such contracts or agreements for 
or related to such projects: Provided, That any contract, agreement, 
or provision thereof entered into by the Secretary using the author-
ity of Public Law 85-804 shall be submitted to the Senate Committee 
on Appropriations and the House Committee on Appropriations and 
a period of thirty days shall elapse while Congress is in session (in 
computing the thirty days, there shall be excluded the days on 
which either the Senate or the House is not in session because of 
adjournment for more than three days) before the contract, agree-
ment or provision thereof shall become effective, except that such 
committees, after having received the proposed contract, agreement 
or provision thereof, may, by separate resolutions in writing, waive 
the condition of all or any portion of such thirty-day period. The 
notification required herein shall be in lieu of the notification 
requirements of Public Law 85-804. 
The Secretary of Energy may transfer to the Emergency Pre-
paredness appropriation such funds as are necessary to meet any 
unforeseen needs from any funds available to the Department of 
Energy from this Act, 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
HEALTH SERVICES ADMINISTRATION 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health 
42 use 
Care Improvement Act, and titles III and V and section 338G of the 
200i-2004b. 
CO UoC 450 note:. 
25 use 1601 
note. 
98 STAT. 1864 
PUBLIC LAW 98-473—OCT. 12, 1984 
42 use 241, 219, Public Health Service Act with respect to the Indian Health Service, 
254r. 
including hire of passenger motor vehicles and aircraft; purchase of 
reprints; purchase and erection of portable buildings; payments for 
telephone service in private residences in the field, when authorized 
under regulations approved by the Secretary, $809,927,000: Pro-
vided, That funds made available to tribes and tribal organizations 
through grants and contracts authorized by the Indian Self-Determi-
nation and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 
450), shall remain available until September 30, 1986. Funds 
provided in this Act may be used for one-year contracts and grants 
which are to be performed in two fiscal years, so long as the total 
obligation is recorded in the year for which the funds are appropri-
ated: Provided further. That the amounts collected by the Secretary 
of Health and Human Services under the authority of title IV of the 
25 use note 
Indian Health Care Improvement Act shall be available until Sep-
prec. 1651. 
tember 30, 1986, for the purpose of achieving compliance with the 
applicable conditions and requirements of titles XVIII and XIX of 
42 use 1395, 
the Social Security Act (exclusive of planning, design, construction 
1396. 
of new facilities, or major renovation of existing Indian Health 
Service facilities): Provided further, That funding contained herein, 
and in any earlier appropriations Act, for scholarship programs 
under section 103 of the Indian Health Care Improvement Act and 
25 use 1613. 
section 757 of the Public Health Service Act shall remain available 
42 use 254r. 
for 
expenditure until September 30,1986. 
INDIAN HEALTH FACIUTIES 
For construction, major repair, improvement, and equipment of 
health and related auxiliary facilities, including quarters for person-
nel; preparation of plans, specifications, and drawings; acquisition of 
sit€», purchase and erection of portable buildings, purchases of 
trailers and for provision of domestic and community sanitation 
facilities for Indians, as authorized by section 7 of the Act of 
August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act 
25 use 450 note, and the Indian Health Care Improvement Act, $62,892,000, to 
25 use 1601 
remain available until expended. 
note. 
ADMINISTRATIVE PROVISIONS, HEALTH SERVICES ADMINISTRATION 
Appropriations in this Act to the Health Services Administration, 
available for salaries and expenses, shall be available for services as 
authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem 
equivalent to the rate for GS-18, and for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902), and for expenses 
of attendance at meetings which are concerned with the functions or 
activities for which the appropriation is made or which will contrib-
ute to improved conduct, supervision, or management of those 
functions or activities: Provided, That none of the funds appropri-
ated under this Act to the Indian Health Service shall be available 
for the initial lease of permanent structures without advance provi-
sion therefor in appropriations Acts: Provided further. That non-
Indian patients may be extended health care at all Indian Health 
Service facilities, if such care can be extended without impairing the 
ability of the Indian Health Service to fulfill its responsibility to 
provide health care to Indians served by such facilities and subject 
to such reasonable charges as the Secretary of Health and Human 
Services shall prescribe, the proceeds of which shall be deposited in 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1865 
the fund established by sections 401 and 402 of the Indian Health 
Care Improvement Act: Provided further, That funds appropriated 
43 USC I395f, 
to the Indian Health Service in this Act, except those used for 
I395n, I395qq 
administrative and program direction purposes, shall not be subject 
^"^ JJ"*^' JgggJj 
to limitations directed at curtailing Federal travel and transporta- 
^" " 
' 
tion: Provided further, That with the exception of service units 25 USC 1681. 
which currently have a billing policy, the Indian Health Service 
shall not initiate any further action to bill Indians in order to collect 
from third-party payers nor to charge those Indians who may have 
the economic means to pay unless and until such time as Congress 
has agreed upon a specific policy to do so and has directed the IHS to 
implement such a policy: Provided further, That hereafter the 
25 USC 1682. 
Indian Health Service may seek subrogation of claims including but 
not limited to auto accident claims, including no-fault claims, per-
sonal injury, disease, or disability claims, and workman's compensa-
tion claims except as otherwise limited by the fourth proviso of this 
section: Provided further. That hereafter, notwithstanding any other 
25 USC 1635. 
law, an Indian tribe may acquire and expend funds, other than 
funds appropriated to the Service, for major renovation and modern-
ization, including planning and design for such renovation and 
modernization of Service facilities, including facilities operated pur-
suant to contract under the Indian Self-Determination and Educa-
tion Assistance Act (Public Law 93-638) subject to the following 
25 use 450 note. 
conditions: 
(1) the implementation of such project shall not require or 
obligate the Service to provide any additional staff or 
equipment; 
(2) the project shall be subject to the approval of the Area 
Director of the Service area office involved; 
(3) the tribe shall have full authority to administer the 
project, but shall do so in accordance with applicable rules and 
regulations of the Secretary governing construction or renova-
tion of Service health facilities; and 
(4) no project of renovation or modernization shall be author-
ized herein if it would require the diversion of Service funds 
from meeting the needs of projects having a higher priority on 
the current health facilities priority system. 
DEPARTMENT OF EDUCATION 
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION 
INDIAN EDUCATION 
For carrying out, to the extent not otherwise provided, part A 
($51,350,000) and parts B and C ($15,000,000) of the Indian Education 
Act, and the General Education Provisions Act, $68,780,000. 
20 use 24iaa 
note. 
OTHER RELATED AGENCIES 
^^ ^^^ ^^^^ 
NAVAJO AND HOPI INDIAN RELOCATION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Navajo and Hopi Indian Relocation 
Commission as authorized by Public Law 93-531, $20,736,000, to 
25USC640d-
remain available until expended, for operating expenses of the 640d-28. 
31-194 - 0 - 86 - 23 : QL. 3 Part 2 
98 STAT. 1866 
PUBLIC LAW 98-473—OCT. 12, 1984 
Commission: Provided, That July 7, 1985, is hereby estabHshed as 
the deadUne for receipt of applications for voluntary relocation. 
SMITHSONIAN INSTITUTION 
,, 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, including 
> 
research in the fields of art, science, and history; development, 
preservation, and documentation of the National Collections; pres-
entation of public exhibits and performances; collection, prepara-
tion, dissemination, and exchange of information and publications; 
conduct of education, training, and museum assistance programs; 
maintenance, alteration, operation, lease (for terms not to exceed 
ten years), and protection of buildings, facilities, and approaches; 
not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up 
to 5 replacement passenger vehicles; purchase, rental, repair, and 
cleaning of uniforms for employees; $165,730,000 including not less 
than $789,000 to carry out the provisions of the National Museum 
Act, $350,000 to be made available to the trustees of the John F. 
Kennedy Center for the Performing Arts for payment to the 
National Symphony Orchestra and $350,000 for payment to the 
Washington Opera Society for activities related to their responsibil-
ities as resident entities of the Center: Provided, That funds appro-
priated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations: Provided further. That none of these 
funds shall be available to a Smithsonian Research Foundation. 
MUSEUM PROGRAMS AND RELATED RESEARCH 
(SPECIAL FOREIGN CURRENCY PROGRAM) 
For payments in foreign currencies which the Treasury Depart-
ment shall determine to be excess to the normal requirements of the 
United States, for necessary expenses for carrying out museum 
programs, scientific and cultural research, and related educational 
activities, as authorized by law, $9,000,000, to remain available until 
expended and to be available only to United States institutions: 
Provided, That this appropriation shall be available, in addition to 
other appropriations to the Smithsonian Institution, for payments 
in the foregoing currencies: Provided further, That none of these 
funds shall be available to a Smithsonian Research Foundation: 
Provided further. That not to exceed $500,000 may be used to make 
grant awards to employees of the Smithsonian Institution. 
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK 
For necessary expenses of planning, construction, remodeling, and 
equipping of buildings and facilities at the National Zoological 
Park, by contract or otherwise, $4,950,000 to remain available 
until expended. 
RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of restoration and renovation of buildings 
owned or occupied by the Smithsonian Institution, by contract or 
otherwise, as authorized by section 2 of the Act of August 22, 1949 
20 use 53a. 
(63 Stat. 623), including not to exceed $10,000 for services as author-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1867 
ized by 5 U.S.C. 3109, $13,750,000, to remain available until 
expended: Provided, That contracts awarded for environmental sys-
tems, protection systems, and exterior repair or renovation of build-
ings of the Smithsonian Institution may be negotiated with selected 
contractors and awarded on the basis of contractor qualifications as 
well as price: Provided further, That notwithstanding any other 
provisions of law, the Secretary of the Smithsonian Institution is 
authorized to transfer to the county of Santa Cruz, Arizona, a sum 
not to exceed $100,000 within available funds for the sole purpose of 
assisting in the funding of the construction of a permanent access to 
the Whipple Observatory near Amado, Arizona. 
NATIONAL GALLERY OF ART, SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 
1937 (50 Stat. 51), as amended by the public resolution of April 13, 
1939 (Public Resolution 9, Seventy-sixth Congress), including serv- 20 USC 74. 
ices as authorized by 5 U.S.C. 3109; payment in advance when 
authorized by the treasurer of the Gallery for membership in li-
brary, museum, and art associations or societies whose publications 
or services are available to members only, or to members at a price 
lower than to the general public; purchase, repair, and cleaning of 
uniforms for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C. 5901-5902); purchase, or 
rental of devices and services for protecting buildings and contents 
: 
thereof, and maintenance, alteration, improvement, and repair of 
buildings, approaches, and grounds; and purchase of services for 
restoration and repair of works of art for the National Gallery of 
Art by contracts made, without advertising, with individuals, firms, 
or organizations at such rates or prices and under such terms and 
conditions as the Gallery may deem proper, $36,821,000, of which 
$3,200,000 for the repair, renovation, and restoration program of the 
original West Building shall remain available until expended and of 
which $3,992,000 for the special exhibition program (of which 
$2,000,000 is for the Treasure Houses of Britain exhibition) shall 
remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair 
or renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price. 
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS, SALARIES 
AND EXPENSES 
For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including 
hire of passenger vehicles and services as authorized by 5 U.S.C. 
3109, $2,712,000. 
98 STAT. 1868 
PUBLIC LAW 98-473—OCT. 12, 1984 
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
2
0 use 951 note, the Arts and Humanities Act of 1965, as amended, $137,000,000 of 
which $121,100,000 shall be available to the National Endowment 
for the Arts for the support of projects and productions in the arts 
through assistance to groups and individuals pursuant to section 5(c) 
20 use 954. 
of the Act, of which not less than 20 per centum of the funds 
provided for section 5(c) shall be available for assistance pursuant to 
section 5(g) of the Act, and $15,900,000 shall be available for admin-
istering the functions of the Act. 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
20 use 959. 
amended, $30,000,000 to remain available until September 30, 1986, 
to the National Endowment for the Arts, of which $21,000,000 shall 
20 use 954. 
be available for purposes of section 5(1): Provided, That this appro-
priation shall be available for obligation only in such amounts as 
may be equal to the total amounts of gifts, bequests, and devises of 
money, and other property accepted by the Chairman or by grantees 
of the Endowment under the provisions of section 10(aX2), subsec-
20 use 960. 
tions 11(a)(2)(A) and ll(aX3XA) during the current and preceding 
fiscal year for which equal amounts have not previously been 
appropriated. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
the Arts and the Humanities Act of 1965, as amended, $111,325,000 
of which $97,150,000 shall be available to the National Endowment 
for the Humanities for support of activities in the humanities, 
20 use 956. 
pursuant to section 7(c) of the Act, of which not less than 20 per 
centum shall be available for assistance pursuant to section 7(f) of 
the Act, and $14,175,000 shall be available for administering the 
functions of the Act. 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $31,000,000, to remain available until September 30,1986, 
of which $20,000,000 shall be available to the National Endowment 
for the Humanities for the purposes of section 7(h): Provided, That 
this appropriation shall be available for obligation only in such 
amounts as may be equal to the total amounts of gifts, bequests, and 
devises of money, and other property accepted by the ChairmEin or 
by grantees of the Endowment under the provisions of subsections 
ll(aX2XB) and ll(aX3XB) during the current and preceding 
fiscal years, for which equal amounts have not previously been 
appropriated. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1869 
INSTITUTE OF MUSEUM SERVICES 
GRANTS AND ADMINISTRATION 
For carrying out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $22,000,000: Provided, That none of 20 use 961 note. 
these funds shall be available for the compensation of Executive 
Level V or higher positions. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or 
contract documents which do not include the text of 18 U.S.C. 1913: 
Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $380,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES A N D EXPENSES 
For expenses made necessary by the Act establishing an Advisory 
Council on Historic Preservation, Public Law 89-665, as amended, 
16 use 470. 
$1,578,000: Provided, That none of these funds shall be available for 
the compensation of Executive Level V or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as author- 
16 use 71 note. 
ized by 5 U.S.C. 3109; and uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901-5902), $2,725,000. 
FRANKUN DELANO ROOSEVELT MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial Commission, established by the Act of August 11, 1955 (69 Stat. 
694), as amended by Public Law 92-332 (86 Stat. 401), $21,000 to 
remain available for obligation until September 30,1986. 
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by section 17(a) of Public 
Law 92-578, as amended, $2,300,000 for operating and administra- 
40 use 885. 
tive expenses of the C!orporation. 
98 STAT. 1870 
PUBLIC LAW 98-473—OCT. 12, 1984 
40 u s e 885. 
PUBLIC DEVELOPMENT 
For public development activities and projects in accordance with 
the development plan as authorized by section 17(b) of Public Law 
92-578, as amended, $4,500,000 to remain available for obligation 
until expended. 
FEDERAL INSPECTOR FOR THE ALASKA GAS PIPELINE 
PERMITTING AND ENFORCEMENT 
For necessary expenses of the Federal Inspector for the Alaska 
Gas Pipeline, $1,430,000, of which not to exceed $1,000 may be used 
for official reception and representation expenses. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
36 u s e 1401-
1408. 
Contracts. 
Public 
availability. 
Timber. 
Exports. 
Shawnee 
National Forest, 
111. 
Petroleum and 
petroleum 
products. 
Natural gas. 
Lobbying 
Hunting. 
Birds. 
HOLOCAUST MEMORIAL COUNCIL 
For expenses of the Holocaust Memorial Council, as authorized by 
Public Law 96-388, $2,031,000. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 302. No part of any appropriation under this Act shall be 
available to the Secretaries of the Interior and Agriculture for use 
for any sale hereafter made of unprocessed timber from Federal 
lands west of the 100th meridian in the contiguous 48 States which 
will be exported from the United States, or which will be used as a 
substitute for timber from private lands which is exported by the 
purchaser: Provided, That this limitation shall not apply to specific 
quantities of grades and species of timber which said Secretaries 
determine are surplus to domestic lumber and plywood manufactur-
ing needs. 
SEC. 303. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of Agricul-
ture for the leasing of oil and natural gas by noncompetitive bidding 
on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended 
to inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals. 
SEC. 304. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which congressional action 
is not complete. 
SEC. 305. No funds appropriated by this Act shall be available for 
the implementation or enforcement of any rule or regulation of the 
United States Fish and Wildlife Service, Department of the Interior, 
requiring the use of steel shot in connection with the hunting of 
waterfowl in any State of the United States unless the appropriate 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1871 
State regulatory authority approves such implementation and 
enforcement. 
SEC. 306. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 307. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency. 
SEC. 308. Except for lands describea by sections 105 and 106 of 
Public Law 96-560, section 103 of Public Law 96-550, section 5(dXl) 
of Public Law 96-312, and except for land in the State of Alaska, and 
lands in the national forest system released to management for any 
use the Secretary of Agriculture deems appropriate through the 
land management planning process by any statement or other Act 
of Congress designating components of the National Wilderness 
Preservation System now in effect or hereinafter enacted, and 
except to carry out the obligations and responsibilities of the Secre-
tary of the Interior under section 17(kXl) (A) and (B) of the Mineral 
Leasing Act of 1920 (30 U.S.C. 226), none of the funds provided in 
this Act shall be obligated for any aspect of the processing or 
issuance of permits or leases pertaining to exploration for or devel-
opment of coal, oil, gas, oil shale, phosphate, potassium, sulphur, 
gilsonite, or geothermal resources on Federal lands within any 
component of the National Wilderness Preservation System or 
within any Forest Service RARE II areas recommended for wil-
derness designation or allocated to further planning in Executive 
Communication 1504, Ninety-sixth Congress (House Document num-
bered 96-119); or within any lands designated by Congress as wilder-
ness study areas or within Bureau of Land Management wilderness 
study areas: Provided, That nothing in this section shall prohibit the 
expenditure of funds for any aspect of the processing or issuance of 
permits pertaining to exploration for or development of the mineral 
resources described in this section, within any component of the 
National Wilderness Preservation System now in effect or herein-
after enacted, any Forest Service RARE II areas recommended for 
wilderness designation or allocated to further planning, within any 
lands designated by Congress as wilderness study areas, or Bureau 
of Land Management wilderness study areas, under valid existing 
rights, or leases validly issued in accordance with all applicable 
Federal, State, and local laws or valid mineral rights in existence 
prior to October 1, 1982: Provided further, That funds provided in 
this Act may be used by the Secretary of Agriculture in any area of 
National Forest lands or the Secretary of the Interior to issue under 
their existing authority in any area of National Forest or public 
lands withdrawn pursuant to this Act such permits as may be 
necessary to conduct prospecting, seismic surveys, and core sam-
pling conducted by helicopter or other means not requiring con-
struction of roads or improvement of existing roads or ways, for the 
purpose of gathering information about and inventorying energy, 
mineral, and other resource values of such area, if such activity is 
carried out in a manner compatible with the preservation of the 
wilderness environment: Provided further. That seismic activities 
involving the use of explosives shall not be permitted in designated 
wilderness areas: Provided further. That funds provided in this Act 
may be used by the Secretary of the Interior to augment recurring 
surveys of the mineral values of wilderness areas pursuant to 
National Forest 
System. 
National 
Wilderness 
Preservation 
System. 
Conservation. 
94 Stat. 
3268-3270. 
94 Stat. 3223. 
94 Stat. 949. 
98 STAT. 1872 
PUBLIC LAW 98-473—OCT. 12, 1984 
16 use 1133. 
Mount Baker-
Snoqualmie 
National Forest, 
Wash. 
Government 
organization and 
employees. 
42 u s e 4651. 
Contracts. 
section 4(d)(2) of the Wilderness Act and acquire information on 
other national forest and public land are£is withdrawn pursuant to 
this Act, by conducting, in conjunction with the Secretary of Energy, 
the national laboratories, or other Federal agencies, as appropriate, 
such mineral inventories of areas withdrawn pursuant to this Act as 
he deems appropriate. These inventories shall be conducted in a 
manner compatible with the preservation of the wilderness environ-
ment through the use of methods including core sampling conducted 
by helicopter; geophysical techniques such as induced polarization, 
synthetic aperture radar, magnetic and gravity surveys; geochemi-
cal techniques including stream sediment reconnaissance and X-ray 
diffraction analysis; land satellites; or any other methods he deems 
appropriate. The Secretary of the Interior is hereby authorized to 
conduct inventories or segments of inventories, such as data analy-
sis activities, by contract with private entities deemed by him to be 
qualified to engage in such activities whenever he has determined 
that such contracts would decrease Federal expenditures and would 
produce comparable or superior results: Provided further, That in 
canying out any such inventory or surveys, where National Forest 
System lands are involved, the Secretary of the Interior shgill con-
sult with the Secretary of Agriculture concerning any activities 
affecting surface resources: Provided further, That funds provided in 
this Act may be used by the Secretary of the Interior to issue oil and 
gas leeises for the subsurface of any lands designated by Congress as 
wilderness study areas, that are immediately adjacent to producing 
oil and gas fields or areas that are prospectively valuable. Such 
leases shall allow no surface occupancy and may be entered only by 
directional drilling from outside the wilderness study area or other 
nonsurface disturbing methods. 
SEC. 309. None of the funds provided in this Act shall be used to 
evaluate, consider, process, or award oil, gas, or geothermal lesises 
on Federal lands in the Mount Baker-Snoqualmie National Forest, 
State of Washington, within the hydrographic boundaries of the 
Cedar River municipal watershed upstream of river mile 21.6, 
the Green River municipal watershed upstream of river mile 61.0, 
the North Fork of the Tolt River proposed municipal watershed 
upstream of river mile 11.7, and the South Fork Tolt River munici-
peQ watershed upstream of river mile 8.4. 
SEC. 310. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
such assessments and this basis therefor are presented to the C!om-
mittees on Appropriations and are approved by such committees. 
SEC. 311. Employment funded by this Act shall not be subject to 
any personnel ceiling or other personnel restriction for permanent 
or other than permanent emplojnnent except as provided by law. 
SEC. 312. Funds provided for land acquisition in this Act may not 
be used to acquire lands for more than the approved appraised value 
(as addressed in section 301(3) of Public Law 91-646) except for 
condemnations and declarations of taking, without the written ap-
proval of the Committees on Appropriations. 
SEC. 313. Notwithstanding any other provisions of law, the Secre-
tary of the Interior, the Secretary of Agriculture, the Secretary of 
Energy, and the Secretary of the Smithsonian Institution, are au-
thorized to enter into contracts with State and local governmental 
entities, including local fire districts, for procurement of services in 
the presuppression, detection, and suppression of fires on any units 
within their jurisdiction. In addition, any contracts or agreements 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1873 
with the jurisdiction for fire management services listed above 
which are previously executed shall remain valid. 
SEC. 314. None of the funds provided by this Act to the United 
States Fish and Wildlife Service may be obligated or expended to 
plan for, conduct, or supervise deer hunting on the Loxahatchee 
National Wildlife Refuge. 
Sec. 315. Funds available to the Department of the Interior and 
the Forest Service in fiscal year 1985 for the purpose of contracting 
for services that require the utilization of privately owned aircraft 
for the carriage of cargo or freight shall be used only to contract for 
aircraft that are certified as air-worthy by the Administrator of the 
Federal Aviation Administration as standard category aircraft 
under 14 CFR 21.183 unless the Secretary of the contracting depart-
ment determines that such aircraft are not reasonably available to 
conduct such services. 
SEC. 316. None of the funds provided in this Act may be used for 
the augmentation of grizzly bear populations in currently occupied 
areas of Forest Service grizzly bear habitat or the preparation of 
specific augmentation proposals to establish new grizzly bear popu-
lations in areas identified as suitable grizzly bear habitat in any unit 
of the National Park System or National Forest System unless the 
appropriate General Management Plan or Forest Plan provides for 
such augmentation and has been adopted, including having been 
available for public comment and review: Provided, That such activi-
ties may be conducted only with funds specifically justified for such 
purpose in an agency budget justification and subsequently ap-
proved in a report accompanying an appropriation bill making 
appropriations for that agency, or with funds provided for through 
reprogramming procedures: Provided further, That this is not in-
tended to prohibit the emergency relocation of nuisance bears into 
currently occupied areas of congressionally designated wilderness 
areas within Forest Service boundaries, or into other currently 
occupied situation on areas where conflict between bears and 
humans is not likely to occur: Provided further. That the Secretaries 
of Interior and Agriculture shall provide for a public meeting at 
each affected National Forest and National Park Headquarters and 
the subsequent publication of the "Guidelines for Management 
Involving Grizzly Bears in the Greater Yellowstone Area" in the 
Federal Register, reflecting the public comments: Provided further. 
That notwithstanding any other provision of law, agencies included 
in this Act are authorized to reimburse permittees for such 
reasonable expenses as may be incurred as a result of moving 
permitted animals from one location to another, as may be required 
by the permitting agency, in order to prevent harassment and 
attacks by grizzly bears. Such expenses are to be determined by the 
agency responsible for the permitted action. 
SEC. 317. The Administrator .of the General Services Adminis-
tration shall transfer to the Secretary of the Interior, without 
reimbursement, for inclusion in the War in the Pacific National 
Historical Park the following parcels of land: 
(1) Agat Bay, parcel 2, United States Naval Station, Guam 
(GSA control number 9-N-GU-426); and 
(2) GLUP: Nimitz Hill, parcel 3, Nimitz Hill Annex Area "C", 
Municipality of Asan, Guam (GSA control number 9-N-GU-
415). 
SEC. 318. The Secretary of the Interior shall quantify, in coopera-
tion with the Secretary of Agriculture and the Governor of North 
Loxahatchee 
National 
Wildlife Refuge. 
Hunting. 
Aircraft and air 
carriers. 
Animals. 
National parks, 
monuments, etc. 
National Forest 
System. 
Federal 
Register, 
publication. 
North Dakota. 
Conservation. 
98 STAT. 1874 
PUBLIC LAW 98-473—OCT. 12, 1984 
Geothermal 
leasing. 
Yellowstone 
National Park. 
5 u s e 5911 note. 
Pollution. 
42 u s e 5901 
note. 
Federal 
Register, 
publication. 
Report. 
Dakota, and consistent with an agreement to be negotiated between 
the Secretary of the Interior and the Governor of North Dakota, the 
number of wetland acres, including a description by quarter section, 
subject to waterfowl production area easements in each county; and 
the Secretary and the Governor shall develop a plan for the pur-
chase of additional easement acres previously authorized by the 
Governor. 
SEC. 319. The primary term of any geothermal lease in effect as of 
July 27,1984, issued pursuant to the Geothermal Act of 1970 (Public 
Law 91-581, 84 Stat. 1566, 30 U.S.C. 1001-1025) is hereby extended 
to December 31, 1986, if the Secretary of the Interior finds that— 
(a) a bona fide sale of the geothermal resource, from a well 
capable of production, for delivery to or utilization by a facility 
or facilities, has not been completed (1) due to administrative 
delays by government entities, beyond the control of the lessee, 
or (2) such sale would be uneconomic; 
(b) substantial investment in the development of or for the 
benefit of the legise has been made; and 
(c) the lease would otherwise expire prior to December 31, 
1986. 
Notwithstanding any other provision of law, the Secretary shall not 
issue any geothermal lease pursuant to the Geothermal Steam Act 
of 1970 (Public Law 91-581, as amended) in the Island Park Known 
as Geothermal Resource Area adjacent to Yellowstone National 
Park. 
SEC. 320. Notwithstanding title 5 of the United States Code or any 
other provision of law, after September 30, 1984, rents and charges 
collected by pajrroll deduction or otherwise for the use or occupancy 
of quarters of agencies funded by this Act shall thereafter be 
deposited in a special fund in each agency, to remain available until 
expended, for the maintenance and operation of the quarters of that 
agency: Provided, That for the fiscal year ending September 30, 
1985, and each fiscal year thereafter, such gmiounts as may be 
collected may be expended in the agency unit or subunit (e.g. Park, 
refuge, hatchery, Forest, Agency office. School, Service unit, hospi-
tal, clinic, etc.) where the funds are collected: Provided further, That 
up to 10 per centum of funds collected in such unit may be trans-
ferred to another unit within the same agency. 
SEC. 321. The Secretary of Energy pursuant to the Federal Nonnu-
clear Energy Research and Development Act of 1974 (Public Law 
93-577), s h a l l -
ot) no later than sixty days after the date of the enactment of 
this Act, publish in the Federal Register a notice soliciting 
statements of interest in, and proposals for projects employing 
emerging clean coal technologies, which statements and propos-
als are to be submitted to the Secretary within ninety days after 
the publication of such notice; and 
(2) no later than April 15, 1985, submit to Congress a report 
that analyzes the information contained in such statements of 
interest and proposals, assesses the potential usefulness of each 
emerging clean coal technology for which a statement of inter-
est or proposal has been received, and identifies the extent to 
which Federal incentives, including financial assistance, will 
accelerate the commercial availability of these technologies. 
SEC. 322. Section 5542(b)(2XB)(iv) of title 5, United States Code, is 
amended by inserting immediately before the period at the end 
thereof a comma and the following: "including travel by an 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1875 
employee to such an event and the return of such employee from 
such event to his or her official-duty station". 
SEC. 323. It is the sense of the Congress that the Continental 
Scientific Drilling Program is an important national scientific en-
deavor, benefiting the commerce of the Nation, which should be 
vigorously pursued by Government and the private sector. The 
Continental Scientific Drilling Program is an important national 
scientific endeavor that is vital to the understanding of the geologic 
evolution of the Earth and the economic value of its resources; the 
most effective and efficient means of realizing the fullest potential 
in the Continental Scientific Drilling Program is through a coopera-
tive effort by the Department of Energy, the National Science 
Foundation, and the United States Geological Survey; many impor-
tant commercial and scientific advances may result from the Conti-
nental Scientific Drilling Program; and many foreign nations are 
engaged in a comparable deep drilling program, and cooperation 
and coordination would be beneficial to United States efforts. It is 
the sense of the Congress that— 
(1) the Continental Scientific Drilling Program is an impor-
tant national scientific endeavor by the United States which 
should be enthusiastically implemented through a joint coopera-
tive effort among the United States Department of Energy, the 
National Science Foundation, and the United States Geological 
Survey; 
(2) the private sector should be encouraged to support the 
Continental Scientific Drilling Program and the participating 
agencies should solicit appropriate private sector participation 
in such program; and 
(3) the United States Government should cooperate to the 
extent practicable with the international community in develop-
ing this important scientific and technical activity. 
SEC. 324. Notwithstanding any other provision of this joint resolu-
tion or any other law, section 401(c)(1) of Public Law 95-87 is 
amended by striking the word "and" after the words "in situ;" and 
adding the following after the word "subsidence;": "and establish-
ment of self-sustaining, individual State administered programs to 
insure private property against damages caused by land subsidence 
resulting from underground coal mining in those States which have 
reclamation plans approved in accordance with section 503 of this 
Act: Provided, That funds used for this purpose shall not exceed 
$3,000,000 of the funds made available to any State under section 
402(g)(2) of this Act;". 
SEC. 325. None of the funds provided for in this joint resolution or 
hereafter provided shall be used to lease the mineral interest of the 
United States with respect to a tract of land in Payne County, 
Oklahoma, totalling nine hundred sixty acres located on the Indian 
Base Meridian; township 19 north; range 1 east, section 22 west half; 
section 26 northwest quarter; section 27 north half, southeast quar-
ter; unless such lease prohibits the surface occupancy of the land for 
development of those interests. 
SEC. 326. The land acquisition and relocation authorized for Cen-
tralia, Pennsylvania, under chapter IV of Public Law 98-181 shall 
not require any matching share of funding from the State of Penn-
sylvania under Section 407(e) of the "Surface Mining Control and 
Reclamation Act of 1977". 
SEC. 327. Each amount of budget authority provided in this Act, 
for payments not required by law, is hereby reduced by 2 per 
Science and 
technology. 
30 u s e 1231. 
30 u s e 1253. 
30 u s e 1232. 
Payne eounty, 
Okla. 
Mines and 
mining. 
Centralia, Pa. 
97 Stat. 1207. 
30 u s e 1237. 
98 STAT. 1876 
PUBLIC LAW 98-473—OCT. 12, 1984 
Department of 
the Interior and 
Related 
Agencies 
Appropriations 
Act, 1985. 
John F. Kennedy 
Center Act 
Amendments of 
1984. 
20 u s e 76h note. 
Post p. 3305. 
97 Stat. 887, 895. 
centum: Provided, That such reductions shall be applied ratably to 
each account, program, activity, and project provided for in this Act. 
This Act may be cited as the "Department of the Interior and 
Related Agencies Appropriations Act, 1985". 
The following may be cited as "The John F. Kennedy Center Act 
Amendments of 1984". 
Section 9 of the Kennedy Center Act (20 U.S.C. 76o) is amended— 
(1) by inserting "(a)" immediately after "SEC. 9.", and by 
striking out the third, fourth, and seventh sentences thereof; 
and 
(2) by adding at the end thereof the following new subsections: 
"(b) Effective as of the date of enactment of this subsection the 
obligations of the Board incurred under subsection (a) of this section 
shall bear no interest, and the requirement of the Board to pay 
the unpaid interest which has accrued on such obligations is 
terminated. 
"(c) There is hereby established in the Treasury of the United 
States a sinking fund, the Kennedy Center Revenue Bond Sinking 
Fund (hereinafter referred to as the 'Fund'), which shall be used to 
retire the obligations of the Board incurred under subsection (a) of 
this section upon the respective maturities of such obligations. The 
Board shall pay into the Fund, beginning on January 1, 1987 and 
ending on January 1, 2016, the annual sum of $200,000 in amortiza-
tion of the principal amount of the obligations. Such sums shall be 
invested by the Secretary of the Treasury in public debt securities 
with maturities suitable for the needs of the Fund and bearing 
interest at rates determined by the Secretary of the Treasury, 
taking into consideration the current average market yield on 
outstanding marketable obligations of the United States of compara-
ble maturities. The interest on such investments shall be credited to 
and form a part of the Fund. Moneys in the Fund shall be used 
exclusively to retire the obligations of the Board incurred under 
subsection (a) of this section. Adjustments of not greater than plus 
or minus 5 per centum may be made from time to time in the 
annual payments to the Fund in order to correct any gains or 
deficiencies as a result of fluctuations in interest rates over the life 
of the investments: Provided, however. That a final adjustment shall 
be made between the Board and the Secretary of the Treasury at the 
end of the amortization period to correct any overall gain or defi-
ciency in the Fund. The terms of this adjustment shall be covered by 
a memorandum of understanding between the Board and the Secre-
tary of the Treasury to be consummated on or before the time the 
initial payment into the Fund is made.". 
(d) Such amounts as may be necessary for programs, projects, or 
activities provided for in the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropria-
tion Act, 1985 (H.R. 6028), to the extent and in the manner provided 
for in the conference report and joint explanatory statement of the 
Committee of Conference (House Report Numbered 98-1132), filed in 
the House of Representatives on October 3,1984, as if such Act had 
been enacted into law: Provided, That sections 204 and 307 of Public 
Law 98-139 shall apply to funds appropriated in this subsection: 
Provided further, That notwithstanding any other provision of this 
joint resolution, there is appropriated $4,000,000 for the United 
States Institute of Peace as authorized in the United States Institute 
of Peace Act. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1877 
Notwithstanding any other provision of this joint resolution, there 
is appropriated to the National Library of Medicine, an additional 
$3,500,000 for carrying out section 301 with respect to health infor- 
42 use 241. 
mation communications and parts I and J of title III of the Public 
Health Service Act. 
42 use 275, 
Notwithstanding any other provision of this joint resolution, and 
280b. 
in addition to amounts appropriated elsewhere, there are appropri-
ated $2,500,000 for fiscal year 1985 for the Alcohol, Drug Abuse, and 
Mental Health Administration. 
Section 412(e) of the Immigration and Nationality Act (8 U.S.C. 
1522(e)) is amended by adding at the end thereof the following new 
paragraph: 
"(7)(A) The Secretary shall develop and implement alternative 
Refugees, 
projects for refugees who have been in the United States less than 
thirty-six months, under which refugees are provided interim sup-
port, medical services, support services, and case management, as 
needed, in a manner that encourages self-sufficiency, reduces wel-
fare dependency, and fosters greater coordination among the reset-
tlement agencies and service providers. 
"(B) Refugees covered under such alternative projects shall be 
precluded from receiving cash or medical assistance under any other 
paragraph of this subsection or under title XIX or part A of title IV 
of the Social Security Act. 
"(C) The Secretary, in consultation with the United States Coordi-
nator for Refugee Affairs, shall report to Congress not later than 
October 31, 1985, on the results of these projects and on any 
recommendations respecting changes in the refugee assistance pro-
gram under this section to take into account such results. 
"(D) To the extent that the use of such funds is consistent with the 
purposes of such provisions, funds appropriated under paragraph (1) 
or (2) of section 414(a) of this Act, part A of title IV of the Social 
Security Act, or title XIX of such Act, may be used for the purpose 
of implementing and evaluating alternative projects under this 
paragraph.". The amendment made by this paragraph shall take 
effect on October 1,1984. 
(e) Such amounts as may be necessary for programs, projects or 
activities provided for in the Military Construction Appropriations 
Act, 1985, at a rate of operations and to the extent and in the 
infra. 
manner provided as follows, to be effective as if it had been enacted 
into law as the regular appropriation Act: 
42 u s e 1396. 
42 u s e 601. 
Report. 
8 u s e 1524. 
Effective date. 
8 u s e 1522 note. 
AN ACT 
Making appropriations for military construction for the Department of Defense for 
the fiscal year ending September 30, 1985, and for other purposes. 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Army as currently authorized by law, and 
for construction and operation of facilities in support of the func-
tions of the Commander-in-Chief, $1,593,137,000, to remain available 
until September 30, 1989: Provided, That of this amount, not to 
exceed $153,500,000 shall be available for study, planning, design, 
architect and engineer services, as authorized by law, unless the 
Secretary of Defense determines that additional obligations are 
Military 
eonstruction 
Appropriations 
Act, 1985. 
98 STAT. 1878 
PUBLIC LAW 98-473—OCT. 12, 1984 
necessary for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of his determination and the 
reasons therefor: Provided further, That none of the funds appropri-
ated by this Act may be used for construction of a chemical muni-
tions demilitarization facility at Lexington-Blue Grass Army Depot, 
Kentucky. 
MiUTARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this appro-
priation, $1,534,592,000, to remain available until September 30, 
1989: Provided, That of this amount, not to exceed $140,900,000 shall 
be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses 
of Congress of his determination and the reasons therefor. 
MiuTARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, military installations, facilities, 
and real property for the Air Force as currently authorized by law, 
$1,572,655,000 to remain available until September 30, 1989: Pro-
vided, That of this amount, not to exceed $143,900,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor. 
MIUTARY CONSTRUCTION, DEFENSE AGENCIES 
For acquisition, construction, installation, and equipment of tem-
porary or permanent public works, installations, facilities, and real 
property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by 
law, $302,198,000 to remain available until September 30, 1989: 
Provided, That such amounts of this appropriation as may be deter-
mined by the Secretary of Defense may be transferred to such 
appropriations of the Department of Defense available for military 
construction as he may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further. That 
of the amount appropriated, not to exceed $27,500,000 shall be 
available for study, planning, design, architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1879 
NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE 
For the United States share of the cost of multilateral programs 
for the acquisition or construction of military facilities and installa-
tions (including international military headquarters) for the collec-
tive defense of the North Atlantic Treaty Area as authorized in 
military construction Acts and section 2806 of title 10, United States 
Code, $107,200,000, to remain available until expended. 
MiuTARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
National Guard, and contributions therefor, as authorized by chap-
ter 133 of title 10, United States Code, and military construction 
lo USC 2231 et 
authorization Acts, $98,603,000, to remain available until September seq. 
30,1989. 
MiuTARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chap-
ter 133 of title 10, United States Code, and military construction 
authorization Acts, $111,200,000, to remain available until Septem-
ber 30,1989. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Army 
Reserve as authorized by chapter 133 of title 10, United States Code, 
and military construction authorization Acts, $69,306,000, to remain 
available until September 30,1989. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 133 of title 10, United States Code, and military construc-
tion authorization Acts, $60,800,000, to remain available until Sep-
tember 30,1989. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and con-
version of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 133 of title 10, United States 
Code, and military construction authorization Acts, $67,800,000, to 
remain available until September 30,1989. 
FAMILY HOUSING, ARMY 
For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $143,215,000; for Operation and maintenance, 
98 STAT. 1880 
PUBLIC LAW 98-473—OCT. 12, 1984 
Funds. 
Contracts. 
Motor vehicles. 
$1,183,300,000; for debt payment, $21,917,000; in all $1,348,432,000: 
Provided, That the amount provided for construction shall remain 
available until September 30,1989. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expan-
sion, extension and alteration and for operation and maintenance, 
including debt payment, leasing, minor construction, principal and 
interest charges, and insurance premiums, as authorized by law, as 
follows: for Construction, $117,027,000; for Operation and mainte-
nance, 
$538,602,000; for 
debt 
payment, 
$25,446,000; in 
all 
$681,075,000: Provided, That the amount provided for construction 
shall remain available until September 30,1989. 
FAMILY HOUSING, AIR FORCE 
For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $181,123,000; for Operation and maintenance, 
$700,940,000; for debt payment, $29,980,000; in all $912,043,000: 
Provided, That the amount provided for construction shall remain 
available until September 30,1989. 
FAMILY HOUSING, DEFENSE AGENCIES 
For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) 
for construction, including acquisition, replacement, addition, ex-
pansion, extension and alteration and for operation and mainte-
nance, leasing, and minor construction, as authorized by law, as 
follows: for Construction, $707,000; for Operation and maintenance, 
$16,730,000; in all $17,437,000: Provided, That the amount provided 
for construction shall remain available until September 30, 1989. 
GENERAL PROVISIONS 
SEC. 101. Funds appropriated to the Department of Defense for 
construction in prior years are hereby made available for construc-
tion authorized for each such department by the authorizations 
enacted into law during the second session of the Ninety-eighth 
Congress. 
SEC. 102. None of the funds appropriated in this Act shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
work, where cost estimates exceed $25,000, to be performed within 
the United States, except Alaska, without the specific approval in 
writing of the Secretary of Defense setting forth the reasons 
therefor. 
SEC. 103. Funds herein appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 104. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1881 
Administration, Department of Transportation, for the construction 
of access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense. 
SEC. 105. None of the funds appropriated in this Act may be used 
to begin construction of new bases inside the continental United 
States for which specific appropriations have not been made. 
SEC. 106. No part of the funds provided in this Act shall be used 
for purchase of land or land easements in excess of 100 per centum 
of the value as determined by the Corps of Engineers or the Naval 
Facilities Engineering Command, except: (a) where there is a deter-
mination of value by a Federal court, or (b) purchases negotiated by 
the Attorney General or his designee, or (c) where the estimated 
value is less than $25,000, or (d) as otherwise determined by the 
Secretary of Defense to be in the public interest. 
SEC. 107. None of the funds appropriated in this Act shall be used 
to (1) acquire land, (2) provide for site preparation, or (3) install 
utilities for any family housing, except housing for which funds have 
been made available in annual military construction appropriation 
Acts. 
SEC. 108. None of the funds appropriated in this Act for minor 
construction may be used to transfer or relocate any activity from 
one base or installation to another, without prior notification to the 
Committees on Appropriations. 
SEC. 109. None of the funds appropriated or otherwise made 
available under this Act shall be obligated or expended in connec-
tion with any base realignment or closure activity, until all terms, 
conditions and requirements of the National Environmental Policy 
Act have been complied with, with respect to each such activity. 
SEC. 110. No part of the funds appropriated in this Act may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and manu-
facturers have been denied the opportunity to compete for such steel 
procurement. 
SEC. 111. No part of the funds appropriated in this Act for 
dredging in the Indian Ocean may be used for the performance of 
the work by foreign contractors: Provided, That the low responsive 
bid of a United States contractor does not exceed the lowest respon-
sive bid of a foreign contractor by greater than 20 per centum. 
SEC. 112. No part of the funds appropriated in this Act may be 
obligated for construction of any site-specific facilities for the MX 
missile system until all terms, conditions, and requirements of the 
National Environmental Policy Act (42 U.S.C. 4332) are met. 
SEC. 113. None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in any 
foreign nation. 
SEC. 114. No part of the funds appropriated in this Act may be 
used to pay the compensation of an officer of the Government of the 
United States or to reimburse a contractor for the emplojnnent of a 
person for work in the continental United States by any such person 
if such person is an alien who has not been lawfully admitted to the 
United States. 
SEC. 115. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
42 u s e 4321 
note. 
Steel. 
Indian Ocean. 
MX missile. 
Public 
availability. 
98 STAT. 1882 
PUBLIC LAW 98-473—OCT. 12, 1984 
Funds. 
Ft. DeRussy, 
Hawaii. 
Expense sharing. 
Contracts. 
Contracts. 
Contracts. 
Military 
exercises, prior 
notice. 
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 116. Notwithstanding any other provision of law, any funds 
appropriated to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were appropriated if 
the funds obligated for such project (1) are obligated from funds 
available for military construction projects, and (2) do not exceed the 
amount appropriated for such projects, plus any amount by which 
the cost of such project is increased pursuant to law. 
SEC. 117. None of the funds appropriated in this Act may be 
obligated or expended in any way for the express purpose of the sale, 
lease, or rental of any portion of land currently identified as Fort 
DeRussy, Honolulu, Hawaii. 
SEC. 118. None of the funds in this Act may be used to initiate a 
new installation overseas without prior notification to the Commit-
tees on Appropriations. 
SEC. 119. None of the funds appropriated in this Act for F-16 
beddown projects at Misawa, Japan, may be obligated or expended 
unless there has been notification to the Committees on Appropria-
tions that the approved Government of Japan budget for fiscal year 
1985 includes projects associated with the F-16 beddown as an 
additive over the level of funding provided in Japanese fiscal year 
1984 for the facilities improvement program. 
SEC. 120. None of the funds appropriated in this Act may be 
obligated for contracts estimated by the Government to exceed 
$10,000,000 for military construction projects to be accomplished in 
Japan or in any NATO member country if that country has not 
increased its defense spending by at least 3 per centum in calendar 
year 1983, as certified by the Secretary of Defense, unless such 
contracts require that all installed equipment utilized in such 
projects have been manufactured in the United States. 
SEC. 121. None of the funds appropriated in this Act may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $1,000,000 for projects to be accomplished in 
Japan or in any NATO member country if that country has not 
increased its defense spending by at least 3 per centum in calendar 
year 1983, as certified by the Secretary of Defense, unless such 
contracts are awarded to United States firms or United States firms 
in joint venture with host nation firms. 
SEC. 122. None of the funds appropriated in this Act for military 
construction in the United States territories and possessions in the 
Pacific and on Kwajalein Island may be used to award any contract 
estimated by the Government to exceed $5,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive bid of a United 
States contractor exceeds the lowest responsive bid of a foreign 
contractor by greater than 20 per centum. 
SEC. 123. The Secretary of Defense is to inform the Committees on 
Appropriations and Committees on Armed Services of the plans and 
scope of any proposed military exercise involving United States 
personnel prior to its occurring, if amounts expended for construc-
tion, either temporary or permanent, are anticipated to exceed 
$100,000. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1883 
SEC. 124. Unexpended balances in the Military Family Housing 
Management Account established pursuant to section 2831 of title 
10, United States Code, as well as any additional amounts which 
would otherwise be transferred to the Military Family Housing 
Management Account during fiscal year 1985, shall be transferred 
to the appropriations for Family Housing provided in this Act, as 
determined by the Secretary of Defense, based on the sources from 
which the funds were derived, and shall be available for the same 
purposes, and for the same time period, as the appropriation to 
which they have been transferred. 
SEC. 125. (a) None of the funds appropriated in this Act may be 
available for any country if the President determines that the 
government of such country is failing to take adequate measures to 
prevent narcotic drugs or other controlled substances cultivated or 
produced or processed illicitly, in whole or in part, in such country, 
or transported through such country, from being sold illegally 
within the jurisdiction of such country to United States personnel or 
their dependents, or from being smuggled into the United States. 
Such prohibition shall continue in force until the President deter-
mines and reports to the Congress in writing that— 
(1) the government of such country has prepared and commit-
ted itself to a plan presented to the Secretary of State that 
would eliminate the cause or basis for the application to such 
country of the prohibition contained in the first sentence; and 
(2) the government of such country has taken appropriate law 
enforcement measures to implement the plan presented to the 
Secretary of State. 
(b) The provisions of subsection (a) shall not apply in the case of 
any country with respect to which the President determines that the 
application of the provisions of such subsection would be inconsist-
ent with the national security interests of the United States. 
SEC. 126. Of the total amount of budget authority provided for 
fiscal year 1985 by this Act that would otherwise be available for 
consulting services, management and professional services, and spe-
cial studies and analyses, 10 per centum of the amount intended for 
such purposes in the President's budget for 1985, as amended, for 
any agency, department or entity subject to apportionment by the 
Executive shall be placed in reserve and not made available for 
obligation or expenditure: Provided, That this section shall not 
apply to any agency, department or entity whose budget request for 
1985 for the purposes stated above did not amount to $5,000,000. 
SEC. 127. It is the sense of the Congress that the administration 
should call on the pertinent member nations of the North Atlantic 
Treaty Organization and on Japan to meet or exceed their pledges 
for at least a 3 per centum real increase in defense spending and 
furtherance of increased unity, equitable sharing of our common 
defense burden, and international stability. 
This Act may be cited as the "Military Construction Appropria-
tions Act, 1985'\ 
Notwithstsinding any other provision of this joint resolution, 
funds appropriated by this joint resolution for the United States 
share of the North Atlantic Treaty Organization infrastructure 
program may be obligated or expended only to the extent that one 
dollar (or its equivalent) has been recouped by the United States for 
North Atlantic Treaty Organization eligible projects prefinanced 
with United States funds for every four dollars (or their equivalent) 
Funds. 
Drugs and drug 
abuse. 
Expense sharing. 
22 u s e 1928 
note. 
Military 
Construction 
Appropriations 
Act, 1985. 
98 STAT. 1884 
PUBLIC LAW 98-473—OCT. 12, 1984 
Foreign 
Assistance and 
Related 
Programs 
Appropriations 
Act, 1985. 
obligated or expended from funds made available under this joint 
resolution for such purpose. 
(1) Such amounts as may be necessary for projects or activities 
provided for in the Foreign Assistance and Related Programs Appro-
priations Act, 1985, at a rate for operations and to the extent in the 
following Act; this subsection shall be effective as if it had been 
enacted into law as the regular appropriation Act: 
AN ACT 
Making appropriations for foreign assistance and related programs for the fiscal year 
ending September 30,1985, and for other purposes, namely: 
TITLE I—MULTILATERAL ECONOMIC ASSISTANCE FUNDS 
APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION 
AND DEVELOPMENT 
For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
share of the paid-in share portion of the increase in capital stock as 
authorized by the International Financial Institutions Act, 
$109,721,549 for the General Capital Increase, as authorized by 
section 39 of the Bretton Woods Agreements Act, as amended 
22 use 286e-ih. (Public Law 79-171), to remain available until expended: Provided, 
That no such payment may be made while the United States 
Executive Director to the Bank is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, or while the alternate United States 
Executive Director to the Bank is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position at level V of the Executive Schedule under section 5316 of 
title 5, United States Code. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the International Bank for Recon-
struction and Development may subscribe without fiscal year limita-
tion to the callable capital portion of the United States share of 
increases in capital stock in an amount not to exceed $1,353,220,096. 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by the 
Secretary of the Treasury, $750,000,000, for the first installment of 
the United States contribution to the seventh replenishment, to 
remain available until expended, and $150,000,000 for the United 
States contribution to the sixth replenishment, to remain available 
until expended: Provided, That no such payment may be made while 
the United States Executive Director to the International Bank for 
Reconstruction and Development is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, or while the alternate United States 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1885 
Executive Director to the Bank is compensated by the Bank at a 
rate in excess of the rate provided for an individual occupying a 
position of level V of the Executive Schedule under section 5316 of 
title 5, United States Code: Provided further. That there is hereby 
22 use 284p. 
enacted into law the amendment made by section 901 of S. 2582, as 
reported by the Committee on Foreign Relations of the Senate on 
April 18,1984, except for subsection (c) of the section enacted by this 
proviso: Provided further. That the Secretary of the Treasury shall 
22 use 284p 
instruct the United States Executive Director to undertake 
note-
negotiations to ensure, to the maximum extent possible consistent 
with the effective use of resources, that the amount of development 
credits made available to sub-Saharan Africa through the seventh 
replenishment shall equal or exceed the amount of development 
credits made available to sub-Saharan Africa through the sixth 
replenishment. 
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK 
For payment to the Inter-American Development Bank by the 
Secretary of the Treasury for the United States share of the increase 
in the resources of the Fund for Special Operations, as authorized by 
the Inter-American Development Bank Act, as amended (Public 
Law 86-147), $72,500,000 to remain available until expended; and 
22 use 283 note. 
$38,000,983 for the United States share of the increase in paid-in 
capital stock to remain available until expended; and $10,000,000 for 
the United States share of the capital stock of the Inter-American 
Investment Corporation to remain available until expended: Pro-
vided, That there is hereby enacted into law title II of S. 2416, as 
1
2 use 24. 
introduced in the Senate on March 13, 1984: Provided further. That 
f use 276c-2, 
no such payment may be made while the United States Executive 283aa—2^'ii 
Director to the Bank is compensated by the Bank at a rate in excess 
of the rate provided for an individual occupying a position at level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code, or while the alternate United States Executive Director 
for the Bank is compensated by the Bank at a rate in excess of the 
rate provided for an individual occupying a position at level V of the 
Executive Schedule under section 5316 of title 5, United States Code. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Inter-American Development 
Bank may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such increase in capital 
stock in an amount not to exceed $806,464,582. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK 
For payment to the Asian Development Bank by the Secretary of 
the Treasury, for the paid-in share portion of the United States 
share of the increase in capital stock, $13,232,676 to remain avail-
able until expended; and for the United States contribution to the 
increases in resources of the Asian Development Fund, as author-
ized by the Asian Development Bank Act, as amended (Public Law 
98-369), $100,000,000, to remain available until expended: Provided, 22 use 285 note. 
That no such payment may be made while the United States ^^te, p. 494. 
Director of the Bank is compensated by the Bank at a rate which, 
together with whatever compensation such Director receives from 
the United States, is in excess of the rate provided for an individual 
98 STAT. 1886 
PUBLIC LAW 98-473—OCT. 12, 1984 
occupying a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, or while any alternate 
United States Director to the Bank is compensated by the Bank in 
excess of the rate provided for an individual occupying a position at 
level V of the Executive Schedule under section 5316 of title 5, 
United States Code. 
UMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital por-
tion of the United States share of such increase in capital stock in 
an amount not to exceed $251,367,220. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 
For pajrment to the African Development Fund by the Secretary 
of the Treasury, $50,000,000, for the United States contribution to 
the third replenishment of the African Development Fund, to 
remain available until expended. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 
For payment to the African Development Bank by the Secretary 
of the Treasury, for the paid-in share portion of the United States 
share of the increase in capital stock, $17,987,678, to remain avail-
able until expended: Provided, That no such payment may be made 
while the United States Executive Director to the Bank is compen-
sated by the Bank at a rate in excess of the rate provided for an 
individual occupying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, or while the 
alternate United States Executive Director to the Bank is compen-
sated by the Bank at a rate in excess of the rate provided for an 
individual occupying a position at level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the African Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an 
amount not to exceed $53,960,036. 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of sections 301 
22 use 2221, 
and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of 
oi^T^lz-ooT 4
. 
th® United Nations Environment Program Participation Act of 
1983, $358,676,500: Provided, That no funds shall be available for the 
United Nations Fund for Science and Technology: Provided further. 
That the total amount of funds made available by this paragraph 
shall be available only as follows: $165,000,000 for the United Na-
tions Development Program; $53,500,000 for the United Nation's 
Children's Fund; $2,000,000 for the World Food Program; $2,000,000 
for the United Nations Capital Development Fund; $500,000 for the 
United Nations Voluntary Fund for the Decade for Women; 
$2,000,000 for the World Meteorological Organization Voluntary 
Cooperation Program; $14,814,000 for the International Atomic 
Energy Agency; $10,000,000 for the United Nations Environment 
22 u s e 287 note. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1887 
Program; $1,000,000 for the United Nations Educational and Train-
ing Program for South Africa; $500,000 for the United Nations 
Institute for Namibia; $343,000 for the United Nations Trust Fund 
for South Africa; $422,000 for the United Nations Institute for 
Training and Research; $200,000 for the Convention on Interna-
tional Trade in Endangered Species; $90,000,000 for the Internation-
al Fund for Agricultural Development; $449,000 for the United 
Nations Fellowship Program; $100,000 for the UNIDO Investment 
Promotion Service; $248,500 for the World Heritage Fund; $100,000 
for the United Nations Voluntary Fund for Victims of Torture; and 
$15,500,000 for the Organization of American States. 
TITLE II—BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
For expenses necessary to enable the President to carry out the 
provisions of the Central America Democracy, Peace and Develop-
ment Initiative Act of 1984, the Foreign Assistance Act of 1961, and 
for other purposes, to remain available until September 30, 1985, 
unless otherwise specified herein, as follows: 
22 u s e 2151 
note. 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
Agriculture, rural development and nutrition, Development As-
sistance: For necessary expenses to carry out the provisions of 
section 103, $745,551,000: Provided, That of this amount the funds 
provided for loans shall remain available for obligation until Sep-
tember 30, 1986: Provided further. That notwithstanding any other 
provision of law, up to $10,000,000 of the funds appropriated under 
this heading may be available for agricultural activities in Poland 
which are managed by the Polish Catholic Church or other nongov-
ernmental organizations, which sum shall remain available until 
September 30, 1986, except that $5,000,000 of the funds made avail-
able by this proviso may not be obligated or expended until 
October 1, \^^b: Provided further. That of the funds made available 
under this paragraph not more than $1,700,000 shall be available for 
Uganda except as provided through the regular notification process 
of the Committees on Appropriations: Provided further. That in 
addition to amounts otherwise appropriated by this Act to carry out 
the provisions of section 103, there is hereby appropriated 
$10,000,000 which shall be used only for nutrition activities not 
previously justified to the Committees on Appropriations, with such 
assistance to be provided through private and voluntary organiza-
tions and international organizations v/herever appropriate. 
Population, Development Assistance: For necessary expenses to 
carry out the provisions of section 104(b), $290,000,000: Provided, 
That of this amount the funds provided for loans shall remain 
available for obligation until September 30, 1986: Provided further. 
That none of the funds appropriated under this heading may be 
available for the World Health Organization's Special Program of 
Research, Development and Research Training in Human Reproduc-
tion: Provided further. That not less than $46,000,000 or 16 per 
centum of the amount appropriated under this paragraph, which-
ever is lower, shall be available only to support the United Nations 
Fund for Population Activities: Provided further. That none of the 
funds appropriated under this paragraph may be available to any 
22 u s e 2151a. 
22 u s e 2151b. 
98 STAT. 1888 
PUBLIC LAW 98-473—OCT. 12, 1984 
country which includes as part of its population planning programs 
involuntary abortion: Provided further. That none of the funds 
appropriated under this paragraph may be available to any organi-
zation which includes as part of its population planning programs 
involuntary abortion: Provided further. That it is the sense of the 
House of Representatives to reaffirm its commitment to United 
States population assistance, as authorized by section 104 of the 
22 use 2151b. 
Foreign Assistance Act of 1961 and as appropriated by the Foreign 
95 Stat. 1647. 
Assistance and Related Programs Appropriations Act, 1982. It is 
further the sense of the House of Representatives that United States 
population assistance shall be administered in accordance with and 
faithful to these laws as interpreted by AID's 1982 "Policy Paper: 
Population Assistance" and that no funds shall be denied to multi-
lateral as well as nongovernmental and private and voluntary 
organizations because of their participation, paid for by funds other 
than those appropriated by the Congress, in activities conducted in 
accordance with all applicable United States Federal laws and 
regulations. 
Health, Development Assistance: For necessary expenses to carry 
out the provisions of section 104(c), $173,138,000: Provided, That of 
this amount the funds provided for loans shall remain available for 
obligation until September 30, 1986: Provided further, That not less 
than $42,000,000 of the funds appropriated under this paragraph 
shall be available only for Africa: Provided further. That in addition 
to amounts otherwise appropriated by this Act to carry out the 
provisions of section 104(c) there is hereby appropriated $50,000,000, 
which shall be available only for the delivery of primary and related 
health care services, and basic health care education (primarily oral 
rehydration and immunization programs) activities not previously 
justified to the Committees on Appropriations, with such assistance 
to be provided through private and voluntary organizations and 
international organizations wherever appropriate. 
Child Survival Fund: For necessary expenses to carry out the 
provisions of the "Child Survival Fund", $25,000,000. 
Education and human resources development. Development As-
sistance: For necessary expenses to carry out the provisions of 
22 use 2151c. 
section 105, $188,833,000: Provided, That of this amount the funds 
provided for loans shall remain available for obligation until Sep-
tember 30, 1986: Provided further. That $4,000,000 of this amount 
shall be available only for scholarships for South African students in 
accordance with the last sentence of section 105(a) of the Foreign 
Assistance Act of 1961 (as added by title III of the International 
Security and Development Cooperation Act of 1981). 
Energy and selected development activities. Development Assist-
ance: For necessary expenses to carry out the provisions of section 
22 use 2l5ld. 
106, $190,000,000: Provided, That of this amount the funds provided 
for loans shall remain available for obligation until September 30, 
1986: Provided further. That of the funds appropriated under this 
paragraph, $2,000,000 shall be transferred to and made available for 
"Science and technology. Development Assistance", which sum shall 
be made available only for cooperative projects among the United 
States, Israel, and developing countries. 
Transfer of funds for Zimbabwe: Of the funds appropriated to 
22 use 2151a— 
Carry out the provisions of sections 103 through 106, $15,000,000 
2i5id. 
previously justified to the Committees on Appropriations shall be 
transferred to the Economic Support Fund for Zimbabwe. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1889 
Central America Development Assistance: Of the funds appropri-
ated to carry out the provisions of sections 103 through 106, not 
more than $225,000,000 shall be available for Central America 
except as provided through the regular notification process of the 
Committees on Appropriations. 
Private and Voluntary Organizations: None of the funds appropri-
ated or otherwise made available in this Act for development assist-
ance may be made available after January 1, 1986, to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 25 per centum of 
its total annual funding for international activities from sources 
other than the United States Government, notwithstanding section 
123(g) of the Foreign Assistance Act of 1961. 
Science and technology. Development Assistance: For necessary 
expenses to carry out the provisions of section 106, $10,000,000: 
Provided, That the amounts provided for loans to carry out the 
purposes of this paragraph shall remain available for obligation 
until September 30,1986. 
Private sector revolving fund: For necessary expenses to carry out 
the provisions of section 108 of the Foreign Assistance Act of 1961, 
as amended, not to exceed $20,000,000 to be derived by transfer from 
funds appropriated to carry out the provisions of chapter 1 of part I 
of such Act, to remain available until expended. During 1985, 
obligations for assistance from amounts in the revolving fund 
account under section 108 shall not exceed $20,000,000. 
Loan allocation. Development Assistance: In order to carry out 
the provisions of part I, the Administrator of the Agency responsible 
for administering such part may furnish loan assistance pursuant to 
existing law and on such terms and conditions as he may determine: 
Provided, That to the maximum extent practicable, loans to private 
sector institutions, from funds made available to carry out the 
provisions of sections 103 through 106, shall be provided at or near 
the prevailing interest rate paid on Treasury obligations of similar 
maturity at the time of obligating such funds: Provided 
further, 
That loans made to countries whose annual per capita gross 
national product is greater than $805 but less than $1,301 shall be 
repayable within twenty-five years following the date on which 
funds are initially made available under such loans and loans to 
countries whose annual per capita gross national product is greater 
than or equal to $1,301 shall be repayable within twenty years 
following the date on which funds are initially made available under 
such loans. 
American schools and hospitals abroad: For necessary expenses to 
carry out the provisions of section 214, $30,000,000: Provided, That 
the Secretary of State shall conduct a study addressing what means 
would be most appropriate to continue financial assistance to the 
American University of Beirut and the American University of 
Cairo in future years in view of the value of the Universities to the 
interests of the United States in the Middle East, including the 
possibility of establishing a trust fund: Provided further. 
That 
the results of this study shall be provided to the chairman of the 
Committee on Appropriations and the Committee on Foreign Affairs 
of the House of Representatives and the chairmen of the Committee 
on Appropriations and the Committee on Foreign Relations of the 
Senate no later than January 1, 1985: Provided further. That the 
Secretary is directed to consult with the Committees on Appropria-
tions during the development of this study. 
22 use 2151a-
2151d. 
22 use 2151u 
note. 
22 use 2151U. 
22 use 2151d. 
22 use 2151f. 
22 use 2151. 
22 use 2151. 
22 use 2174. 
98 STAT. 1890 
PUBLIC LAW 98-473—OCT. 12, 1984 
International disaster assistance: For necessary expenses to carry 
22 use 2292. 
out the provisions of section 491, $25,000,000, to remain available 
until expended. 
Sahel development program: For necessary expenses to carry out 
22 use 2151s. 
the provisions of section 121, $97,500,000, to remain available until 
expended: Provided, That no part of such appropriation may be 
available to make any contribution of the United States to the Sahel 
development program in excess of 10 per centum of the total contri-
butions to such program. 
Overseas training and special development activities (foreign cur-
rency program): For necessary expenses as authorized by section 
22 use 2362. 
612, $1,100,000 in foreign currencies which the Treasury Depart-
ment declares to be excess to the normal requirements of the United 
States. 
Payment to the Foreign Service Retirement and Disability Fund: 
For payment to the "Foreign Service Retirement and Disability 
22 use 3901 
Fund", as authorized by the Foreign Service Act of 1980, 
note. 
$40,562,000. 
Economic support fund: For necessary expenses to carry out the 
22 use 2346. 
provisions of chapter 4 of part II, $3,826,000,000: Provided, That of 
the funds appropriated under this paragraph, not less than 
$1,200,000,000 shall be available only for Israel, which sum shall be 
available on a grant basis as a cash transfer and shall be provided 
before January 1, 1985: Provided further, 
That not less than 
$815,000,000 shall be available only for Egypt, which sum shall be 
provided on a grant basis and of which $100,000,000 shall be 
provided as a cash transfer: Provided further. That it is the sense of 
the Congress that the recommended levels of assistance for Egypt 
are based in great measure upon the continued participation of 
Egypt in the Camp David Accords and upon the Egyptian-Israeli 
peace treaty; and that Egypt and Israel are urged to renew actively 
their efforte to restore a full diplomatic relationship and achieve 
realization of the Camp David Accords: Provided further. 
That 
$75,000,000 of the funds appropriated under this paragraph shall be 
made available for programs or activities for sub-Saharan Africa not 
previously justified to the Committees on Appropriations: Provided 
further, That not more than $195,000,000 of the funds appropriated 
under this paragraph shall be provided for El Salvador: Provided 
further. That any of the funds appropriated under this paragraph 
for El Salvador which are placed in the Central Reserve Bank of El 
Salvador shall be maintained in a separate account and not commin-
gled with any other funds, except that such funds may be obligated 
and expended notwithstanding provisions of law, which are incon-
sistent with the cash transfer nature of this assistance, or which are 
referenced in the Joint Explanatory Statement of the Committee of 
Conference accompanying House Joint Resolution 648: Provided 
further. That notwithstanding section 660 of the Foreign Assistance 
22 use 2420. 
Act of 1961, not less than $6,000,000 shall be available for programs 
and projects in El Salvador to promote the creation of judicial 
investigative capabilities, protection for key participants in pending 
judicial cases, and modernization of penal and evidentiary codes: 
Provided further. 
That $15,000,000 shall be available only for 
Cyprus, and that none of these funds shall be used to support 
refugee housing construction or rent subsidies: Provided 
further. 
That not less than $20,000,000 shall be available only for Tunisia: 
Provided further. That not less than $5,000,000 shall be available 
only to assist Central American countries to develop energy self-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1891 
sufficiency, to identify and utilize indigenous resources to improve 
economic development, and to reduce reliance on imported energy: 
Provided further. That none of the funds appropriated under this 
paragraph shall be available for the Central American Regional 
Program except as provided through the regular notification process 
of the Committees on Appropriations: Provided further, That not 
more than $12,500,000 of the funds appropriated under this para-
graph shall be available for Guatemala, and that such funds may be 
made available only for development activities consistent with the 
objectives of sections 103 through 106 of the Foreign Assistance Act 
of 1961 that are aimed directly at improving the lives of the poor in 
22 USC 2l5la— 
that country, especially the indigenous population in the highlands: 
2i5id. 
Provided further, That none of the funds appropriated under this 
paragraph shall be available for Guatemala except in accordance 
with the regular notification process of the Committees on Appro-
priations: Provided further, That not more than $10,000,000 of the 
funds appropriated under this paragraph shall be available for 
Zaire. 
Peacekeeping operations: For necessary expenses to carry out the 
provisions of section 551, $44,000,000. 
22 use 2348. 
Operating expenses of the Agency for International Development: 
For necessary expenses to carry out the provisions of section 667, 
22 use 2427. 
$391,533,250: Provided, That not more than $20,000,000 of this 
amount shall be for Foreign Affairs Administrative Support: Pro-
vided further. That none of the funds appropriated or made avail-
able (other than funds appropriated or made available by this 
paragraph) pursuant to this Act for carrying out the foreign Assist-
ance Act of 1961, may be used for the operating expenses of the 
22 use 2151 
Agency for International Development: Provided further. That 
note-
except to the extent that the Administrator of the Agency for 
International Development determines otherwise, not less than 10 
per centum of the aggregate of the funds made available for the 
fiscal year 1985 to carry out chapter 1 of part I of the Foreign 
Assistance Act of 1961 shall be made available only for activities of 
22 use 2151. 
economically and socially disadvantaged enterprises (within the 
meaning of section 133(c)(5) of the International Development and 
Food Assistance Act of 1977), historically black colleges and univer- 
22 use 2151 
sities, and private and voluntary organizations which are controlled 
note. 
by individuals who are black Americans, Hispanic Americans, or 
Native Americans, or who are economically and socially disadvan-
taged (within the meaning of section 133(cX5) (B) and (C) of the 
International Development and Food Assistance Act of 1977). For 
purposes of this section, economically and socially disadvantaged 
individuals shall be deemed to include women. 
Trade credit insurance program: During the fiscal year 1985, total 
commitments to guarantee or ensure loans for the "Trade credit 
insurance program" shall not exceed $300,000,000 of contingent 
liability for loan principal. 
Trade and development: For necessary expenses to carry out the 
provisions of section 661, $21,000,000. 
Housing and other credit guaranty programs: For payment to the 
reserve fund established by section 223 of the Foreign Assistance 
Act of 1961, $40,000,000, to remain available until expended: 
22 USC 2183. 
Provided, That such amounts shall be available for expenditure in 
discharge of guarantees extended prior to enactment of this Act. 
During the fiscal year 1985, total commitments to guarantee 
98 STAT. 1892 
PUBLIC LAW 98-473—OCT. 12, 1984 
loans shall not exceed $160,000,000 of contingent liability for loan 
principal. 
AFRICAN DEVELOPMENT FOUNDATION 
For necessary expenses to carry out the provisions of title V of the 
International Security and Development Cooperation Act of 1980, 
22 use 290h 
Public Law 96-533, and to make such contracts and commitments 
note. 
without regard to fiscal year limitations, as provided by section 
9104, title 31, United States Code, $1,000,000: Provided, That the 
unobligated balances as of September 30, 1984, of funds heretofore 
made available for the African Development Foundation are hereby 
continued available for the fiscal year 1985 for the use of the African 
Development Foundation. 
INTER-AMERICAN FOUNDATION 
For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 
22USC290f. 
401 of the Foreign Assistance Act of 1969, and to make such 
contracts and commitments without regard to fiscal year limita-
tions, as provided by section 9104, title 31, United States Code, 
$11,992,000. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
The Overseas Private Investment Corporation is authorized to 
make such expenditures within the limits of funds available to it 
and in accordance with law (including not to exceed $35,000 for 
official reception and representation expenses), and to make such 
contracts and commitments without regard to fiscal year limita-
tions, as provided by section 9104 of title 31, United States Code, as 
may be necessary in carrying out the program set forth in the 
budget for the current fiscal year. 
During the fiscal year 1985 and within the resources and author-
ity available, gross obligations for the amount of direct loans shall 
not exceed $15,000,000. 
During the fiscal year 1985, toteil commitments to guarantee 
loans shall not exceed $150,000,000 of contingent liability for loan 
principal. 
INDEPENDENT AGENCY 
PEACE CORPS 
For expenses necessary to carry out the provisions of the Peace 
22 use 2501 
Corps Act (75 Stat. 612), $128,600,000: Provided, That none of the 
note. 
funds appropriated in this paragraph shall be used to pay for 
abortions. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL 
22 use 2291. 
For necessary expenses to carry out the provisions of section 481, 
$50,217,000. 
MIGRATION AND REFUGEE ASSISTANCE 
For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1893 
refugees, including contributions to the Intergovernmental Com-
mittee for European Migration and the United Nations High Com-
missioner for Refugees; salaries and expenses of personnel and 
dependents as authorized by the Foreign Service Act of 1980, allow- 
22 use 3901 
ances as authorized by sections 5921 through 5925 of title 5, United 
"ote. 
States Code; hire of passenger motor vehicles; and services as au-
thorized by section 3109 of title 5, United States Code; $325,500,000: 
Provided, That not less than $15,000,000 shall be available for 
Soviet, Eastern European and other refugees resettling in Israel, of 
which $2,500,000 shall be available for Ethiopian Jews: Provided 
further, That these funds shall be administered in a manner that 
ensures equity in the treatment of all refugees receiving Federal 
assistance: Provided further, That no funds herein appropriated 
shall be used to assist directly in the migration to any nation in the 
Western Hemisphere of any person not having a security clearance 
based on reasonable standards to ensure against Communist infil-
tration in the Western Hemisphere: Provided further. That no more 
than $8,150,396 of the funds appropriated under this heading shall 
be available for the administrative expenses of the Office of Refugee 
Programs of the Department of State. 
ANTI-TERRORISM ASSISTANCE 
For necessary expenses to carry out the provisions of chapter 8 of 
part II, $5,000,000. 
22 use 2349aa. 
TITLE III—MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
MIUTARY ASSISTANCE 
For necessary expenses to carry out the provisions of section 503 
of the Foreign Assistance Act of 1961, including administrative 
22 use 2311. 
expenses and purchase of passenger motor vehicles for replacement 
only for use outside of the United States, $805,100,000: Provided, 
That of the funds appropriated under this paragraph, not more than 
$111,750,000 shall be available for El Salvador and not more than 
$215,000,000 shall be available for Turkey: Provided further, That of 
the funds appropriated under this paragraph, not more than 
$4,000,000 shall be available for Zaire, except as provided through 
the regular notification process of the Committees on Appropria-
tions: Provided further. That of the funds provided for El Salvador 
under this paragraph half the amount shall be available for obliga-
tion and expenditure October 1, 1984, and the remaining half 
March 1, 1985: Provided further. That in the event of an emergency 
certified by the President funds herein appropriated to be obligated 
for El Salvador after March 1,1985, may be obligated in advance of 
that date, only if the Committees on Appropriations are notified at 
least fifteen days in advance: Provided further. That before the date 
of March 1,1985, the administration shall consult with the Commit-
tees on Appropriations in regard to reduction and punishment of 
death squad activities, elimination of corruption and misuse of 
governmental funds, development of an El Salvadoran plan to im-
prove the performance of the military, and progress toward discus-
sions leading to a peaceful resolution of the conflict, with it being 
the direction of the Congress of the United States that military 
98 STAT. 1894 
PUBLIC LAW 98-473—OCT. 12, 1984 
assistance funds available in the second half of fiscal year 1985 for 
El Salvador not be obligated until substantial progress has been 
made on each of the above points: Provided further, That $5,000,000 
of the amount made available by this Act for military assistance and 
financing for El Salvador under chapters 2 and 5 of part II of the 
22 use 2311, 
Foreign Assistance Act of 1961 and under the Arms Export Control 
2347. 
Act may not be expended until the Government of El Salvador has 
22 use 2751 
(1) substantially concluded all investigative action with respect to 
"° ®
' 
those responsible for the January 1981 deaths of the two United 
States land reform consultants Michael Hammer and Mark Pearl-
man and the Salvadoran Land Reform Institute Director Jose Ro-
dolfo Viera, and (2) brought the accused to trial and obtained a 
verdict: Provided further. That funds appropriated under this para-
graph may be made available for Turkey only if the President 
certifies to the Congress (a) that the United States Government is 
acting with urgency and determination to oppose any actions aimed 
at effecting a permanent bifurcation of Cyprus; and is calling upon 
the Government of Turkey to take without delay all necessary steps 
to reverse the illegal action declaring an independent state and to 
promote, pursuant to pertinent United Nations resolutions, the full 
political and economic unity of the Republic of Cyprus; and 0?) that 
Turkey is making efforts to ensure that the Turkish C)T)riot commu-
nity is not taking £uiy actions with regard to the region of Fama-
gusta/Varosha which would prejudice the outcome or otherwise 
impede intercommunal talks on the future of Cyprus: Provided 
further. That none of the funds made available by this paragraph 
may be obligated or expended for the construction or operation of a 
Regional Military Training Center in Honduras except as provided 
through the regular notification process of the Committees on Ap-
propriations and until the President provides to the Committees on 
Appropriations of the Senate smd the House of Representatives (1) a 
report that the Government of Honduras has provided a site for 
such a Center and assumed responsibility for any competing claims 
to rights of use or ownership of such site, and has provided written 
assurances to make that site available on a long-term basis for 
training by the armed forces of other friendly countries in the 
region as well as those of Honduras; (2) a detailed plan, with specific 
cost estimates, for the construction of such a Center at the site 
provided by the Government of Honduras; and (3) a determination 
that the Government of Honduras recognizes the need to compen-
sate as required by international law the United States citizen who 
claims injury from the establishment and operation of the existing 
Center, and that it is taking appropriate steps to discharge its 
obligations under international law, in particular the Treaty of 
Friendship, Commerce and Consular Righte with the United States, 
as well as its letter of December 14,1983, to the United States Trade 
Report. 
Representative: Provided further. That the President shall report to 
the Committees sixty days after the passage of this resolution and 
again in one hundred and twenty days on progress in resolving this 
claim; in one hundred and eighty days, the President shall report on 
the resolution of the claim or, if Honduras has failed to resolve the 
claim, on the actions which he proposes to take in response to the 
situation and in particular actions with respect to the granting of 
preferential trade benefits under the Caribbean Basin Initiative, 
disbursement of economic support funds or any other funds provided 
under this resolution and review of the status of Honduras under 
other, expropriation-related legislation. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1895 
SPECIAL DEFENSE ACQUISITION FUND 
(LIMITATION ON OBLIGATIONS) 
There are authorized to be made available for the Special Defense 
Acquisition Fund for the fiscal year 1985, $325,000,000. 
INTERNATIONAL MIUTARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of section 541, 
22 use 2347. 
$56,221,000. 
FOREIGN 
MIUTARY 
CREDIT 
SALES 
For necessary expenses to enable the President to carry out the 
provisions of section 23 of the Arms Export Control Act, 
22 use 2763. 
$4,939,500,000, of which not less than $1,400,000,000 shall be avail-
able only for Israel and not less than $1,175,000,000 shall be avail-
able only for Egypt: Provided, That of the amount made available 
for Israel under this paragraph, up to $150,000,000 shall be made 
available for research and development activities in the United 
States for the Lavi program, and not less than $250,000,000 shall be 
for the procurement in Israel of defense articles and services, includ-
ing research and development, for the Lavi program: Provided 
further, That during fiscal year 1985, gross obligations for the 
principal amount of direct loans, exclusive of loan guarantee de-
faults, shall not exceed $4,939,500,000: Provided further, That sec- 
22 use 2761. 
tion 102 of S. 2346, as introduced on February 27, 1984, is hereby 
enacted: Provided further, That credits (or participation in credits) 
extended under this Act for Greece for the fiscal year 1985 shall be 
at a rate of interest equal to the rate of interest charged on such 
credits extended for Turkey for the fiscal year 1985: Provided fur-
ther. That no credits may be extended and no guarantees may be 
issued under this paragraph for Turkey for the fiscal year 1985 if 
the extension of such credits or the issuance of such guarantees 
would cause the sum of such credits and guarantees provided for 
Turkey for such fiscal year to exceed $485,000,000: Provided further. 
That of the funds available in this paragraph not less than 
$50,000,000 shall be available for Tunisia, not more than $15,000,000 
shall be available for the Philippines: Provided further. That none of 
the funds available in this paragraph shall be available for Guate-
mala: Provided further. That concessional interest rates available 
under this paragraph shall not be less than five percent: Provided 
further. That all country and funding level changes in requested 
concessional financing allocations shall be submitted through the 
regular notification process of the Committees on Appropriations: 
Provided further. That it is the sense of the Congress that no 
sales of sophisticated weaponry—specifically advanced aircraft, 
new air defense weapons systems or other new advanced military 
weapons systems be made to Jordan unless the Government of 
Jordan is publicly committed to the recognition of Israel and to 
prompt entry into serious peace negotiations with Israel. 
GUARANTEE RESERVE FUND 
For necessary expenses to carry out the provisions of section 24 of 
the Arms Export Control Act, $109,000,000, to remain available 
22USC2764. 
until expended: Provided, That this sum is available only for the 
98 STAT. 1896 
PUBLIC LAW 98-473—OCT. 12, 1984 
Guarantee Reserve Fund notwithstanding any other provision of the 
22 use 2151 
Foreign Assistance Act of 1961 or the Arms Export Control Act. 
note. 
22 use 2751 
TITLE IV—EXPORT-IMPORT BANK OF THE UNITED STATES 
note. 
The Export-Import Bank of the United States is authorized to 
make such expenditures within the limits of funds and borrowing 
authority available to such corporation, and in accordance with law, 
and to make such contracts and commitments without regard to 
fiscal year limitations, as provided by section 104 of the Government 
31 use 9104. 
Corporation Control Act, as may be necessary in carrying out the 
program set forth in the budget for the current fiscal year for such 
corporation: Provided, That none of the funds available during the 
current fiscal year may be used to make expenditures, contracts, or 
commitments for the export of nuclear equipment, fuel, or tech-
nology to any country other than a nuclear-weapon state as defined 
in article IX of the Treaty on the Non-Proliferation of Nuclear 
21 UST 483. 
Weapons eligible to receive economic or military assistance under 
this Act that has detonated a nuclear explosive after the date of 
enactment of this Act. 
LIMITATION OF PROGRAM ACTIVITY 
During the fiscal year 1985 and within the resources and author-
ity available, gross obligations for the principal amount of direct 
loans shall not exceed $3,865,000,000: Provided, That during the 
fiscal year 1985, total commitments to guarantee loans shall not 
exceed $10,000,000,000 of contingent liability for loan principal. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $18,900,000 (to be computed on an accrual basis) 
shall be available during the current fiscal year for administrative 
expenses, including hire of passenger motor vehicles and services as 
authorized by section 3109 of title 5, United States Code, and not to 
exceed $16,000 for entertainment allowances for members of the 
Board of Directors: Provided, That (1) fees or dues to international 
organizations of credit institutions engaged in financing foreign 
trade, (2) necessary expenses (including special services performed 
on a contract or fee basis, but not including other personal services) 
in connection with the acquisition, operation, maintenance, im-
provement, or disposition of any real or personal property belonging 
to the Export-Import Bank or in which it has an interest, including 
expenses of collections of pledged collateral, or the investigation or 
appraisal of any property in respect to which an application for a 
loan has been made, and (3) expenses (other than internal expenses 
of the Export-Import Bank) incurred in connection with the issuance 
and servicing of guarantees, insurance, and reinsurance, shall be 
considered as nonadministrative expenses for the purposes of this 
paragraph. 
TITLE V—GENERAL PROVISIONS 
Flood control. 
SEC. 501. None of the funds appropriated in this Act (other than 
Reclamation 
funds appropriated for "International organizations and programs") 
projects. 
shall be used to finance the construction of any new flood control, 
reclamation, or other water or related land resource project or 
program which has not met the standards and criteria used in 
determining the feasibility of flood control, reclamation, and other 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1897 
water and related land resource programs and projects proposed for 
construction within the United States of America under the princi-
ples, standards and procedures established pursuant to the Water 
Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory 
or supplementary thereto. 
SEC. 502. Except for the appropriations entitled "International 
disaster assistance", "United States emergency refugee and migra-
tion assistance fund" and the special requirements fund within the 
appropriation entitled "Economic support fund", not more than 15 
per centum of any appropriation item made available by this Act for 
the current fiscal year shall be obligated or reserved during the last 
month of availability. 
SEC. 503. None of the funds appropriated in this Act nor any of the 
counterpart funds generated as a result of assistance hereunder or 
any prior Act shall be used to pay pensions, annuities, retirement 
pay, or adjusted service compensation for any person heretofore or 
hereafter serving in the armed forces of any recipient country. 
SEC. 504. None of the funds appropriated or made available pursu- Contracts. 
ant to this Act for carrying out the Foreign Assistance Act of 1961, 
22 use 2151 
may be used for making payments on any contract for procurement 
"ote. 
to which the United States is a party entered into after the date of 
enactment of this Act which does not contain a provision authoriz-
ing the termination of such contract for the convenience of the 
United States. 
SEC. 505. None of the funds appropriated or made available pursu-
ant to this Act for carrying out the Foreign Assistance Act of 1961, 
may be used to pay in whole or in part any assessments, arrearages, 
or dues of any member of the United Nations. 
-
^ 
SEC. 506. None of the funds contained in title II of this Act may be 
used to carry out the provisions of section 209(d) of the Foreign 
Assistance Act of 1961. 
22 use 2169. 
SEC. 507. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $110,000 shall be for official residence 
expenses of the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps be taken to 
assure that, to the maximum extent possible. United States-owned 
foreign currencies are utilized in lieu of dollars. 
SEC. 508. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $10,000 shall be for entertainment expenses 
of the Agency for International Development during the current 
fiscal year. 
SEC. 509. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,000 shall be for representation allow-
ances for the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken 
to assure that, to the maximum extent possible. United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further. That of the total funds made available by this Act under the 
^ 
headings "Military assistance" and "Foreign military credit sales", 
not to exceed $2,500 shall be available for entertainment expenses 
and not to exceed $70,000 shall be available for representation 
allowances: Provided further. That of the funds made available by 
this Act under the heading "International military education and 
training", not to exceed $125,000 shall be available for entertain-
ment allowances: Provided further. That of the funds made available 
by this Act for the Inter-American Foundation, not to exceed $2,500 
shall be available for entertainment and representation allow-
31-194 - 0 - 86 - 24 : QL. 3 Part 2 
98 STAT. 1898 
PUBLIC LAW 98-473—OCT. 12, 1984 
Nuclear non-
proliferation. 
22 u s e 2151 
note. 
Human rights. 
Mozambique. 
Angola. 
Cambodia. 
Cuba. 
Iraq. 
Libya. 
Laos. 
Vietnam. 
South Yeman. 
Syria. 
31 u s e 1501, 
1108, 1502. 
Lobbying. 
Loans. 
ances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses. 
SEC. 510. None of the funds appropriated or made available (other 
than funds for "International organizations and programs") pursu-
ant to this Act for carrying out the Foreign Assistance Act of 1961, 
may be used to finance the export of nuclear equipment, fuel, 
technology or to provide assistance for the training of foreign na-
tionals in nuclear fields. 
SEC. 511. Funds appropriated by this Act may not be obligated or 
expended to provide assistance to any country for the purpose of 
aiding the efforts of the government of such country to repress the 
legitimate rights of the population of such country contrary to the 
Universal Declaration of Human Rights. 
SEC. 512. None of the funds appropriated or made available pursu-
ant to this Act shall be obligated or expended to finance directly any 
assistance to Mozambique, except that the President may waive this 
prohibition if he determines, and so reports to the Congress, that 
furnishing such assistance would further the foreign policy interests 
of the United States. 
SEC. 513. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Angola, Cambodia, 
Cuba, Iraq, Libya, Laos, the Socialist Republic of Vietnam, South 
Yemen, or Syria. 
SEC. 514. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated without the written approval of the Appropriations 
Committees of both Houses of the Congress. 
SEC. 515. Amounts certified pursuant to section 1311 of the Sup-
plemental Appropriations Act, 1955, as having been obligated 
against appropriations heretofore made under the authority of the 
Foreign Assistance Act of 1961 for the same general purpose as anv 
of the paragraphs under "Agency for International Development' 
are, if deobligated, hereby continued available for the same period 
as the respective appropriations in such paragraphs for the same 
general purpose and for the same country as originally obligated, or 
for activities in the Andean region: Provided, That the Appropria-
tions Committees of both Houses of the Congress are notified fifteen 
days in advance of the deobligation or reobligation of such funds. 
SEC. 516. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United 
States not authorized before the date of enactment of this Act by 
Congress. 
SEC. 517. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act. 
SEC. 518. No part of any appropriation contained in this Act shall 
be used to furnish assistance to any country which is in default 
during a period in excess of one calendar year in payment to the 
United States of principal or interest on any loan made to such 
country by the United States pursuant to a program for which funds 
are appropriated under this Act. 
SEC. 519. None of the funds appropriated or made available pursu-
ant to this Act shall be available to any international financial 
institution whose United States representative cannot upon request 
obtain the amounts and the names of borrowers for all loans of the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1899 
international financial institution, including loans to employees of 
the institution, or the compensation and related benefits of employ-
ees of the institution. 
SEC. 520. None of the funds appropriated or made available pursu-
ant to this Act shall be available to any international financial 
institution whose United States representative cannot upon request 
obtain any document developed by the management of the interna-
tional financial institution. 
SEC. 521. None of the funds appropriated or otherwise made 
available by this Act to the Export-Import Bank and funds appropri-
ated by this Act for direct foreign assistance may be obligated for 
any government which aids or abets, by granting sanctuary from 
prosecution to, any individual or group which has committed or is 
being sought by any other government for prosecution for any war 
crime or an act of international terrorism, unless the President 
finds that the national security requires otherwise. 
SEC. 522. None of the funds appropriated or made available pursu-
ant to this Act for direct assistance and none of the funds otherwise 
made available pursuant to this Act to the Export-Import Bank and 
the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any com-
modity for export by any country other than the United States, if 
the commodity is likely to be in surplus on world markets at the 
time the resulting productive capacity is expected to become opera-
tive and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity: 
Provided, That such prohibition shall not apply to the Export-
Import Bank if in the judgment of its Board of Directors the benefits 
to industry and employment in the United States are likely to 
outweigh the injury to United States producers of the same, similar, 
or competing commodity. 
SEC. 524. The Secretary of the Treasury shall instruct the United 
States Executive Directors of the International Bank for Reconstruc-
tion and Development, the International Development Association, 
the International Finance Corporation, the Inter-American De-
velopment Bank, the International Monetary Fund, the Asian 
Development Bank, the Inter-American Investment Corporation, 
the African Development Bank, and the African Development Fund 
to use the voice and vote of the United States to oppose any 
assistance by these institutions, using funds appropriated or made 
available pursuant to this Act, for the production of any commodity 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to the United States producers of the 
same, similar, or competing commodity. 
SEC. 525. None of the funds made available under this Act for 
"Agriculture, rural development and nutrition, Development Assist-
ance", "Population, Development Assistance", "Child Survival 
Fund", "Health, Development Assistance", "Education and human 
resources development, Development Assistance", "Energy, private 
voluntary organizations, and selected development activities, Devel-
opment Assistance", "Science and technology. Development Assist-
ance", "International organizations and programs , "American 
schools and hospitals abroad", "Sahel development program", 
"Trade and development program", "International narcotics con-
trol", "Economic support funa', "Peacekeeping operations", "Oper-
ating Expenses of the Agency for International Development", 
Terrorism. 
Commerce and 
trade. 
22 use 262h. 
98 STAT. 1900 
PUBLIC LAW 98-473—OCT. 12, 1984 
Contracts. 
Public 
availability. 
Abortion. 
Drugs and drug 
abuse. 
President of U.S. 
Report. 
22 u s e 2414a. 
"Anti-Terrorism Assistance", "Military assistance", "International 
military education and training", "Foreign military credit sales", 
"Inter-American Foundation", "African Development Foundation", 
"Peace Corps", or "Migration and refugee assistance", shall be 
available for obligation for activities, programs, projects, type of 
material assistance, countries, or other operation not justified or in 
excess of the amount justified to the Appropriations Committees for 
obligation under any of these specific headings for the current fiscal 
year unless the Appropriations Committees of both Houses of Con-
gress are previously notified fifteen days in advance. 
SEC. 526. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 527. None of the funds appropriated under this Act may be 
used to lobby for abortion. 
SEC. 528. None of the funds appropriated or otherwise made 
available under this Act may be available for any country during 
any three-month period beginning on or after October 1, 1984, 
immediately following a certification by the President to the Con-
gress that the government of such country is failing to take 
adequate measures to prevent narcotic drugs or other controlled 
substances (as listed in the schedules in section 202 of the Compre-
hensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 
812)) which are cultivated, produced, or processed illicitly, in whole 
or in part, in such country, or transported through such country 
from being sold illegally within the jurisdiction of such country to 
United States Government personnel or their dependents or from 
entering the United States unlawfully. 
SEC. 529. Notwithstanding any other provision of law or this Act, 
none of the funds provided for "International organizations and 
programs" shall be available for the United States' proportionate 
share for any programs for the Palestine Liberation Organization, 
the Southwest Africa Peoples Organization, Libya, Iran, or Cuba. 
SEC. 530. (a) Not later than January 31 of each year, or at the time 
of the transmittal by the President to the Congress of the annual 
presentation materials on foreign assistance, whichever is earlier, 
the President shall transmit to the Speaker of the House of Repre-
sentatives and the President of the Senate a full and complete 
report which assesses, with respect to each foreign country, the 
degree of support by the government of each such country during 
the preceding twelve-month period for the foreign policy of the 
United States. Such report shall include, with respect to each such 
country which is a member of the United Nations, information to be 
compiled and supplied by the Permanent Representative of the 
United States to the United Nations, consisting of a comparison of 
the overall voting practices in the principal bodies of the United 
Nations during the preceding twelve-month period of such country 
and the United States, with special note of the voting and speaking 
records of such country on issues of major importance to the United 
States in the General Assembly and the Security Council, and shall 
also include a report on actions with regard to the United States in 
important related documents such as the Non-Aligned Communi-
que. A full compilation of the information supplied by the Perma-
nent Representative of the United States to the United Nations for 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1901 
inclusion in such report shall be provided as an addendum to such 
report. 
(b) None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance 
directly any assistance to a country which the President finds, based 
on the contents of the report required to be transmitted under 
subsection (a), is engaged in a consistent pattern of opposition to the 
foreign policy of the United States. 
SEC. 531. Notwithstanding any other provision of law, Israel may 
utilize any loan which is or was made available under the Arms 
Export Control Act and for which repayment is or was forgiven 
before utilizing any other loan made available under the Arms 
Export Control Act. 
SEC. 532. Funds appropriated under this Act may be made avail-
able for the procurement of construction or engineering services 
from advanced developing countries, eligible under the Geographic 
Code 941, which have attained a competitive capability in interna-
tional markets for construction services or engineering services and 
which are receiving direct assistance under chapter 1 of part I or 
chapter 4 of part II of the Foreign Assistance Act of 1961, notwith-
standing section 604(g) of the Foreign Assistance Act of 1961: 
Provided, That this provision shall apply only in the case of those 
advanced developing countries that permit United States firms to 
compete for construction or engineering services financed from 
assistance programs of such countries. 
SEC. 533. (a) Not later than thirty days after the date of entry into 
force of any memorandum of understanding or other international 
agreement between the United States Government and the Govern-
ment of El Salvador regarding the use of local currencies generated 
from assistance furnished to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 or generated from the sale of agricul-
tural commodities under the Agricultural Trade Development and 
Assistance Act of 1954, with respect to El Salvador, the President 
shall prepare and transmit to the Committee on Appropriations of 
the Senate and the Committee on Appropriations of the House of 
Representatives a report setting forth for each such memorandum 
or agreement— 
(1) the text of each such memorandum or agreement; 
(2) the status and description of each such memorandum or 
agreement, including the period of time covered, the amount of 
funding involved, and the sources of funding involved; 
(3) an explanation of the manner in which funds are to be 
used in El Salvador to— 
(A) eliminate the climate of violence and civil strife; 
(B) develop democratic institutions and processes; 
(C) develop strong and free economies with diversified 
production for both external and domestic markets; 
(D) make sharp improvement in the social conditions of 
the poorest Salvadorans; and 
(E) improve substantially the distribution of income and 
wealth; and 
(4) the degree of compliance by the Government of El Salva-
dor with the provisions of such memorandum or agreement. 
(b) Not later than thirty days after the date of enactment of this 
Act, the President shall prepare and transmit to the committees 
referred to in subsection (a) a report providing the information 
described by paragraphs (1) through (4) of subsection (a) with respect 
Loans. 
Israel. 
22 use 2751 
note. 
Contracts. 
22 use 2151, 
2346. 
22 use 2354. 
El Salvador. 
President of U.S. 
Reports. 
7 use 1691 note. 
98 STAT. 1902 
PUBLIC LAW 98-473—OCT. 12, 1984 
Loans. 
Israel. 
Palestine 
Liberation 
Organization. 
El Salvador. 
Report. 
to any memorandum of understanding or other international agree-
ment described by such subsection which is in effect on the date of 
enactment of this Act. 
(c) Not later than six months after the date of entry into force of 
each memorandum of understanding or other international agree-
ment described in subsection (a), and upon the date of termination of 
each such memorandum or agreement, the President shall prepare 
and transmit to the committees referred to in subsection (a) a report 
describing the progress achieved in carrying out the provisions of 
such memorandum or agreement, including the progress achieved in 
carrying out the provisions of clauses (A) through (E) of subsection 
(aX3). 
SEC. 534. The Congress finds that progress on the peace process in 
the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling its 
obligations under the Treaty of Peace Between the Arab Republic of 
Egypt and the State of Israel, done at Washington on March 26, 
1979, Israel incurred severe economic burdens. Furthermore, the 
Congress recognizes that an economically and militarily secure 
Israel serves the security interests of the United States, for a secure 
Israel is an Israel which has the incentive and confidence to 
continue pursuing the peace process. Therefore, the Congress de-
clares that it is the policy and the intention of the United States 
that the funds provided in annual appropriations for the Economic 
Support Fund which are allocated to Israel shall not be less than the 
annual debt repayment (interest and principal) from Israel to the 
United States Grovernment in recognition that such a principle 
serves United States interests in the region. 
SEC. 535. In reaffirmation of the 1975 memorandum of agreement 
between the United States and Israel, and in accordance with 
section 909 of the International Security and Development Coopera-
tion Act of 1984, as passed by the House of Representatives on 
May 10, 1984, no employee of or individual acting on behalf of the 
United States Government shall recognize or negotiate with the 
Palestine Liberation Organization or representatives thereof, so 
long as the Palestine Liberation Organization does not recognize 
Israel's right to exist, does not accept Security Council Resolutions 
242 and 338, and does not renounce the use of terrorism. 
SEC. 536. None of the funds made available in this Act shall be 
restricted for obligation or disbursement solely as a result of the 
policies of any multilateral institution. 
SEC. 537. Notwithstanding any other provision of law, if at any 
time following the appropriation of funds herein the duly elected 
President of El Salvador should be deposed by military coup or 
decree all funds appropriated herein for El Salvador and not there-
tofore obligated or expended shall not thereafter be available for 
expenditure or obligation unless reappropriated by Congress. 
SEC. 538. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent act unless such act specifically so 
directs. 
SEC. 539. The Secretary of the Treasury and the Secretary of State 
are directed to submit to the Committees on Foreign Affairs and the 
Committees on Appropriations by February 1, 1985, a report on the 
domestic economic policies of those nations receiving economic as-
sistance, either directly or indirectly from the United States 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1903 
including, where appropriate, an analysis of the foreign assistance 
programs conducted by these recipient nations. 
SEC. 540. (a) To the maximum extent practicable, assistance for 
Haiti under chapter 1 of part I and under chapter 4 of part II of the 
Foreign Assistance Act of 1961 should be provided through private 
and voluntary organizations. 
(b) Funds available for fiscal year 1985 to carry out chapter 1 of 
part I or chapter 4 or chapter 5 of part II of the Foreign Assistance 
Act of 1961 may be obligated for Haiti only if the President deter-
mines that the Government of Haiti— 
(1) is continuing to cooperate with the United States in halt-
ing illegal emigration to the United States from Haiti; 
(2) is cooperating fully in implementing United States devel-
opment, food, and other economic assistance programs in Haiti 
(including programs for prior fiscal years); and 
(3) is making progress toward improving the human rights 
situation in Haiti and progress toward implementing political 
reforms which are essential to the development of democracy in 
Haiti, such as progress toward the establishment of political 
parties, free elections, and freedom of the press. 
(c) Six months after the date of the enactment of this Act and six 
months thereafter, the President shall report to the Congress on the 
extent to which the actions of the Government of Haiti are consist-
ent with each paragraph of subsection (b). 
(d) Notwithstanding the limitations of section 660 of the Foreign 
Assistance Act of 1961, funds made available under such Act may be 
used for programs with Haiti, which shall be consistent with prevail-
ing United States refugee policies, to assist in halting significant 
illegal emigration from Haiti to the United States. 
(e) Assistance may not be provided for Haiti for the fiscal year 
1985 under chapter 2 of part II of the Foreign Assistance Act of 1961 
or under the Arms Export Control Act. 
SEC. 541. (a) Sections 116, 303, 311, 312, 703, and 1011 of H.R. 5119 
as passed by the House of Representatives on May 10, 1984, are 
hereby enacted. 
(b) Section 102 of this joint resolution shall not apply with respect 
to the provisions enacted by this section and to those provisions 
of S. 2346, S. 2416, and S. 2582 enacted by this Act. 
SEC. 542. (a) Of the amounts made available by this Act for 
"Foreign Military Credit Sales" which are provided to Israel, and 
Egypt, Israel and Egypt shall be released from their contractual 
liability to repay the United States Government with respect to such 
credits. 
(b) Of the amounts made available by this Act for "Foreign 
Military Credit Sales", the principal amount of loans provided at 
nonconcessional interest rates which are provided for Greece, 
Korea, Philippines, Portugal, Somalia, Spain (as long as Spain is a 
member of the North Atlantic Treaty Organization), Sudan, Tunisia, 
and Turkey shall (if and to the extent each country so desires) be 
repaid in not more than twenty years, following a grace period of 
ten years on repayment of principal. 
SEC. 543. Section 10 of Public Law 91-672 and section 15(a) of the 
State Department Basic Authorities Act of 1956 shall not apply with 
respect to funds and authorities appropriated or otherwise made 
available by this Act. 
This Act may be cited as the "Foreign Assistance and Related 
Programs Appropriations Act, 1985". 
Haiti. 
Voluntarism. 
22 u s e 2151, 
2346. 
22 u s e 2347. 
President of U.S. 
Report. 
22 u s e 2420. 
22 u s e 2311. 
22 u s e 2751 
note. 
22 u s e 2321h, 
2321h note, 
2151b, 2181, 
2182, 2183, 2183 
note, 2182a, 
2506, 2184. 
Loans. 
Egypt. 
Israel. 
Greece. 
Korea. 
Philippines. 
Portugal. 
Somalia. 
Spain. 
Sudan. 
Tunisia. 
Turkey. 
22 u s e 2412. 
22 u s e 2680. 
Foreign 
Assistance and 
Related 
Programs 
Appropriations 
Act, 1985. 
98 STAT. 1904 
PUBLIC LAW 98-473—OCT. 12, 1984 
(h) Such amounts as may be necessary for programs, projects or 
activities provided for in the Department of Defense Appropriation 
Infra. 
Act, 1985, at a rate of operations and to the extent and in the 
manner provided as follows, to be effective as if it had been enacted 
into law as the regular appropriation Act: 
AN ACT 
Department of 
Making appropriations for the Department of Defense for the fiscal year ending 
Defense 
September 30,1985, and for other purposes. 
Appropriations 
Act, 1985. 
TITLE I 
;, • 
MILITARY PERSONNEL 
MiuTARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
' 
bers of the Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), and to the Department of Defense Military 
Retirement Fund; $21,020,344,000. 
MiuTARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), and to the Department of Defense Military 
Retirement Fund; $15,660,246,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund; 
$4,803,366,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including 
all expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of the Air Force on active duty (except members of Reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1905 
for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund; $17,572,005,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty 
under sections 265, 3019, and 3033 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 2131 of title 10, United States Code, 
as authorized by law; and for pajnnents to the Department of 
Defense Military Retirement Fund; $2,084,100,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Naval Reserve on active duty 
under section 265 of title 10, United States Code, or personnel while 
serving on active duty under section 672(d) of title 10, United States 
Code, in connection with performing duty specified in section 678(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of 
the Reserve Officers' Training Corps, and expenses authorized by 
section 2131 of title 10, United States Code, as authorized by law; 
and for payments to the Department of Defense Military Retirement 
Fund; $1,127,700,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on 
active duty under section 265 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 2131 of title 10, United States Code, as author-
ized by law; and for pa5anents to the Department of Defense Mili-
tary Retirement Fund; $268,700,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active 
duty under sections 265, 8019, and 8033 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
98 STAT. 1906 
PUBLIC LAW 98-473—OCT. 12, 1984 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $564,500,000. 
NATIONAL GUARD PERSONNEI,, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on 
duty under section 265, 3033, or 3496 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code, as author-
ized by law; and for payments to the Department of Defense Mili-
tary Retirement Fund; $2,926,100,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty 
under section 265, 8033, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States Code, in connection 
with performing duty specified in section 678(a) of title 10, United 
States Code, or while undergoing training, or while performing 
drills or equivalent duty or other duty, and expenses authorized by 
section 2131 of title 10, United States Code, as authorized by law; 
and for payments to the Department of Defense Military Retirement 
Fund; $868,578,000. 
TITLE II 
. 
^ 
. 
i 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Army, as authorized by law; and not 
to exceed $11,602,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secre-
tary of the Army, and payments may be made on his certificate of 
necessity for confidential military purposes; $18,411,078,000, of 
which not less than $1,429,000,000 shall be available only for the 
maintenance of real property facilities. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $2,823,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Navy, and payments 
may be made on his certificate of necessity for confidential military 
purposes; $25,116,241,000, of which not less than $764,000,000 shall 
be available only for the maintenance of real property facilities, and 
of which $10,500,000 shall be transferred to U.S. Coast Guard operat-
ing expenses for fixed costs associated with the operation of the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1907 
polar icebreaker program: Provided, That of the total amount of this 
appropriation made available for the alteration, overhaul, and 
repair of naval vessels, not more than $3,700,000,000 shall be avail-
able for the performance of such work in Navy shipyards: Provided 
further, That from the amounts of this appropriation for the alter-
ation, overhaul and repair of naval vessels, funds shall be available 
for a test program to acquire the overhaul of two or more vessels by 
competition between public and private shipyards. The Secretary of 
the Navy shall certify, prior to award of a contract under this test, 
that the successful bid includes comparable estimates of all direct 
and indirect costs for both public and private shipyards. Competition 
under such test program shall not be subject to section 502 of the 
Department of Defense Authorization Act, 1981, as amended, or 
20 USC 3489 
Office of Management and Budget Circular A-76: Provided further, 
note. 
That funds herein provided shall be available for payments in 
support of the LEASAT program in accordance with the terms of 
the Aide Memoire, dated January 5, 1981: Provided further. That 
obligations incurred or to be incurred hereafter for termination 
liability and charter hire in connection with the TAKX and T-5 
programs, for which the Navy has already entered into agreement 
for charter and time charters including conversion or construction 
related to such agreements or charters shall, for the purposes of 
title 31, United States Code, (1) in regard to and so long as the 
Government remains liable for termination costs, be considered as 
obligations in the current Operation and Maintenance, Navy, appro-
priation account, to be held in reserve in the event such termination 
liability is incurred, in an amount equal to 10 per centum of the 
outstanding termination liability, and (2) in regard to charter hire, 
be considered obligations in the Navy Industrial Fund with an 
amount equal to the estimated charter hire for the then current 
fiscal year recorded as an obligation against such fund. Obligations 
of the Navy under such time charters are general obligations of the 
United States secured by its full faith and credit. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Marine Corps, as authorized by law; 
$1,640,294,000, of which not less than $220,000,000 shall be available 
only for the maintenance of real property facilities. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of the Air Force, as authorized by law, 
including the lease and associated maintenance of replacement 
aircraft for the CT-39 aircraft to the same extent and manner as 
authorized for service contracts by section 2306(g), title 10, United 
States Code; and not to exceed $4,682,000 can be used for emergen-
cies and extraordinary expenses, to be expended on the approval or 
authority of the Secretary of the Air Force, and payments may be 
made on his certificate of necessity for confidential military pur-
poses; $19,093,265,000, of which not less than $1,250,000,000 shall be 
available only for the maintenance of real property facilities. 
98 STAT. 1908 
PUBLIC LAW 98-473—OCT. 12, 1984 
^ 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by 
law; $7,067,469,000, of which not to exceed $9,956,000 can be used for 
emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That not less than $95,548,000 shall be available 
only for the maintenance of real property facilities. 
X < . 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transporta-
tion; care of the dead; recruiting; procurement of services, supplies, 
and equipment; and communications; $724,400,000, of which not less 
than $42,485,000 shall be available only for maintenance of real 
property facilities. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transporta-
tion; care of the dead; recruiting; procurement of services, supplies, 
and equipment; and communications; $827,181,000, of which not less 
than $37,000,000 shall be available only for the maintenance of real 
property facilities. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and ad-
ministration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transporta-
tion; care of the dead; recruiting; procurement of services, supplies, 
and equipment; and communications; $58,642,000, of which not less 
than $2,765,000 shall be available only for the maintenance of real 
property facilities. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the oper-
ation and maintenance, including training, organization, and ad-
ministration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transporta-
tion; care of the dead; recruiting; procurement of services, supplies, 
and equipment; and communications; $872,461,000, of which not less 
than $20,200,000 shall be available only for the maintenance of real 
property facilities. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1909 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; hire of passenger motor 
vehicles; personnel services in the National Guard Bureau; travel 
expenses (other than mileage), as authorized by law for Army 
personnel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units in compli-
ance with National Guard regulations when specifically authorized 
by the Chief, National Guard Bureau; supplying and equipping the 
Army National Guard as authorized by law; and expenses of repair, 
modification, maintenance, and issue of supplies and equipment 
(including aircraft); 
$1,424,293,000, of which 
not less 
than 
$44,000,000 shall be available only for the maintenance of real 
property facilities: Provided, That $1,650,000 shall be available for 
the upgrade of the runway at the Devil's Lake Municipal Airport, 
Devil's Lake, North Dakota, to accommodate military troop trans-
port aircraft. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, in-
cluding medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things; hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air Nationsd Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized by 
law for Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in compli-
ance with National Guard regulations when specifically authorized 
by the Chief, National Guard Bureau; $1,810,348,000, of which not 
less than $43,700,000 shall be available only for the maintenance of 
real property facilities. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses, in accordance with law, for construe- 
/ 
tion, equipment, and maintenance of rifle ranges; the instruction of 
citizens in marksmanship; the promotion of rifle practice; and the 
travel of rifle teams, military personnel, and individuals attending 
regional, national, and international competitions; $914,000, of 
which not to exceed $7,500 shall be available for incidental expenses 
of the National Board; and from other funds provided in this Act, 
not to exceed $680,000 worth of ammunition may be issued under 
authority of title 10, United States Code, section 4311: Provided, 
That competitors at national matches under title 10, United States 
Code, section 4312, may be paid subsistence and travel allowances in 
excess of the amounts provided under title 10, United States Code, 
section 4313. 
98 STAT. 1910 
PUBLIC LAW 98-473—OCT. 12, 1984 
>,.. 
CLAIMS, DEFENSE 
. . 
For payment, not otherwise provided for, of claims authorized by 
law to be paid by the Department of Defense (except for civil 
functions), including claims for damages arising under training 
contracts with carriers, and repayment of amounts determined by 
the Secretary concerned, or officers designated by him, to have been 
erroneously collected from military and civilian personnel of the 
Department of Defense, or from States, territories, or the District of 
Columbia, or members of the National Guard units thereof; 
$157,900,000. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States Court of 
Military Appeals; $2,870,000, and not to exceed $1,500 can be used 
for officigd representation purposes. 
ENVIRONMENTAL RESTORATION, DEFENSE 
For expenses, not otherwise provided for, for environmental resto-
ration programs, including hazardous waste disposal operations and 
removal of unsaJfe or unsightly buildings and debris of the Depart-
ment of Defense, and including programs and operations at sites 
formerly used by the Department of Defense; $314,000,000, of which, 
not to exceed $6,000,000 shall be available for payment to the 
Anchorage School District for a share of the cost of removal and 
treatment of asbestos and related facility rehabilitation at the Bart-
lett-Begich Junior/Senior High School located on Fort Richardson, 
Alaska. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $3,940,900,000, of which 
$642,600,000 shall be available for the purchase of UH-60/EH-60 
Blackhawk/Quickfix helicopters under a multiyear contract and 
$431,900,000 shall be available for the purchase of CH-47 Chinook 
helicopter modifications under a multiyear contract; to remain 
available for obligation until September 30, 1987: Provided, That 
appropriations available herein shall be used to procure no less than 
eighteen AH-64 Apache attack helicopters for assignment to the 
Army National Guard. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1911 
.J MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and ma-
chine tools in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, as follows: For the Chaparral 
program, $32,000,000; for Other Missile Support, $9,300,000; for the 
Patriot 
program, 
$976,400,000; 
for 
the 
Stinger 
program, 
$209,600,000; for the Laser Hellfire program, $225,000,000; for the 
TOW program, $201,700,000; for 
the Pershing II 
program, 
$370,000,000; for the MLRS program, $541,400,000; for modification 
of missiles, $208,800,000; for spares and repair parts, $270,300,000; 
for 
support 
equipment 
and 
facilities, 
$122,500,000; in 
all: 
$3,167,000,000; to remain available for obligation until Septem-
ber 30,1987. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY 
For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $4,548,100,000; to remain available for obligation 
until September 30, 1987: Provided, That notwithstanding any other 
provision of this Act, none of the funds appropriated may be ex-
pended for the Division Air Defense system until— 
(1) initial production testing and the fiscal year 1985 oper-
ational testing of such system have been completed; 
(2) the Secretary of Defense has reported to the Armed Serv- 
Report. 
ices and Appropriations Committees of the Congress the results 
of the testing and has certified to the Committees that (a) 
additional production of the Division Air Defense system is in 
the national interest to counter the present and projected Soviet 
threat, and (b) the system satisfactorily meets all design and 
performance requirements, and 
(3) a period of at least thirty days has elapsed after the day on 
which the Committees have received the report and certifica-
tion, such date to be not later than sixty days after the comple-
tion of either initial production testing or the fiscal year 1985 
operational testing, whichever is later. 
98 STAT. 1912 
PUBLIC LAW 98-473—OCT. 12, 1984 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized in military construction authoriza-
tion Acts or authorized by section 2854, title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $2,646,300,000; to remain available for obligation 
until September 30,1987. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat vehi-
cles; the purchase of not to exceed two thousand three hundred and 
sixty passenger motor vehicles for replacement only; communica-
tions and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and 
private 
plants; 
reserve 
plant 
and 
Government 
and 
contractor-owned equipment layaway; and other expenses necessary 
for the foregoing purposes; $5,122,450,000, of which $347,200,000 
shall be available for the purchase of five ton trucks under a 
multiyear contract; to remain available for obligation until Septem-
ber 30, 1987: Provided, That multiyear contracting authority provid-
97 Stat. 1421. 
ed in Public Law 98-212 for the Armored Combat Earthmover is 
rescinded. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; reserve plant and Government and contractor-
owned equipment layaway; $10,903,798,000, of which $36,120,000 
shall be available for the purchase of CH/MH-53E heavy lift heli-
copters under a multiyear contract; to remain available for obliga-
tion until September 30,1987. 
' 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1913 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interest therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government 
and contractor-owned equipment layaway, as follows: For missile 
programs, 
$3,403,311,000; for 
the 
MK-48 
torpedo 
program, 
$89,000,000; for the MK-48 ADCAP torpedo program, $105,600,000; 
for the MK-46 torpedo program, $229,700,000; for the MK-60 captor 
mine program, $122,000,000; for the MK-30 mobile target program, 
$21,300,000; for the MK-38 mini mobile target program, $2,500,000; 
for the antisubmarine rocket (ASROC) program, $25,900,000; for 
modification of torpedoes, $32,200,000; for the torpedo support equip-
ment program, $96,000,000; for the MK-15 close-in weapons system 
program, $163,900,000; for the MK-75 gun mount, $10,900,000; for 
the MK-19 machinegun program, $2,000,000; for the 25mm gun 
mount, $3,100,000; for small arms and weapons, $3,500,000; for the 
modification of guns and gun mounts, $46,300,000; for the guns and 
gun mounts support equipment program, $13,400,000; in all: 
$4,353,611,000; to remain available for obligation until Septem-
ber 30, 1987: Provided, That within the total amount appropriated, 
the subdivisions within this account shall be reduced by $17,000,000, 
as follows: $2,000,000 for contract support services, and $15,000,000 
for miscellaneous contract savings. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or con-
version of vessels as authorized by law, including armor and arma-
ment thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procure-
ment of critical, long leadtime components and designs for vessels to 
be constructed or converted in the future; and expansion of public 
and private plants, including land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, as follows: For the 
Trident submarine program, $1,748,200,000; for the SSN-688 
nuclear attack submarine program, $2,665,000,000; for the aircraft 
carrier service life extension program, $714,500,000; for the CG-47 
AEGIS cruiser program, $2,883,000,000; for CG-47 AEGIS cruiser 
advance procurement, $102,000,000, of which $83,000,000 shall be 
solely for development of second production source(s) for SPY-1 
radar and AEGIS combat system components and related integra-
tion for CG-47 and DDG-51 ship classes; for the DDG-51 guided 
missile destroyer program, $1,050,000,000; for the LSD-41 landing 
ship dock program, $489,500,000; for the LHD-1 amphibious assault 
ship program, $39,200,000; for the LPD-4 service life extension 
program, $15,000,000; for the MCM mine countermeasures ship 
program, $344,500,000; for the T-AO fleet oiler ship program, 
$522,600,000; for the T-AGOS ocean surveillance ship pro-
gram, $128,400,000; for the T-AGS ocean survey ship program, 
$225,000,000; for the T-ACS auxiliary crane ship program, 
$36,000,000; for the ARTE nuclear reactor training ship conver-
sion program, $30,000,000; for the T-AVB logistics support ship 
program, $31,800,000; for the strategic sealift program, $31,000,000; 
for the LCAC air cushion landing craft program, $230,100,000; for 
98 STAT. 1914 
PUBLIC LAW 98-473—OCT. 12, 1984 
craft, outfitting, post delivery, cost growth, and escalation on prior 
year programs, $450,200,000; in all: $11,736,000,000; to remain avail-
able for obligation until September 30, 1989: Provided, That addi-
tional obligations may be incurred after September 30, 1989, for 
engineering services, tests, evaluations, and other such budgeted 
work that must be performed in the final stage of ship construction; 
and each Ship^building and Conversion, Navy, appropriation that is 
currently available for such obligations may also hereafter be so 
obligated after the date of its expiration: Provided further. That 
none of the funds herein provided for the construction or conver-
sion of any naval vessel to be constructed in shipyards in the United 
States shall be expended in foreign shipyards for the construction of 
major components of the hull or superstructure of such vessel: 
Provided further. That none of the funds herein provided shall be 
used for the construction of any naval vessel in foreign shipyards: 
Provided further. That notwithstanding any other provision of law, 
the Navy is not required to install a Phased Array Radar on the 
FFG-61 which was authorized and for which appropriations were 
provided in fiscal year 1984, provided that this ship be equipped 
with a MK-92 Upgrade Phase II (CORT) System, and in addition to 
funds previously provided for the fiscal year 1984 FFG-7 guided 
missile frigate program, $36,300,000 shall be available by transfer 
from the amount appropriated in "Shipbuilding and Conversion, 
Navy, 1983/1987". 
OTHER PROCUREMENT, NAVY 
iv-^ 
For procurement, production, and modernization of support equip-
ment and materials not otherwise provided for. Navy ordnance and 
ammunition (except ordnance for new aircraft, new ships, and ships 
authorized for conversion); the purchase of not to exceed three 
vehicles required for physical security of personnel notwithstanding 
price limitations applicable to passenger carrying vehicles but not to 
exceed $100,000 per vehicle and the purchase of not to exceed four 
hundred and eighty-nine passenger motor vehicles which shall be 
for replacement only; expansion of public and private plants, 
including the land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; £is 
follows: For ship support equipment, $775,100,000; for communica-
tions and electronics equipment, $1,758,800,000; for aviation support 
equipment, 
$990,328,000; 
for 
ordnance 
support 
equipment, 
$1,126,500,000; 
for 
civil 
engineering 
support 
equipment, 
$238,000,000; for supply support equipment, $112,000,000; for person-
nel/command 
support 
equipment, 
$391,886,000; 
in 
all: 
$5,341,614,000; to remain available for obligation until Septem-
ber 30, 1987: Provided, That within the total amount appropriated, 
the subdivisions within this account shall be reduced by $51,000,000, 
as follows: $1,000,000 for contract support services; and $50,000,000 
for Trident facilities. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1915 
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including pur-
chase of not to exceed two hundred and nineteen passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands, and inter-
ests therein, may be acquired and construction prosecuted thereon 
prior to approval of title; $1,836,722,000; to remain available for 
obligation until September 30,1987. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants. Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $26,188,266,000, 
of which $586,800,000 shall be available under a multiyear contract 
for procurement of seven hundred and twenty F-16 aircraft, of 
which seventy-two, shall be assigned to the Reserve Forces by 1991; 
to remain available for obligation until September 30, 1987: Pro-
vided, That none of the funds in this Act may be obligated on B-IB 
bomber production contracts if such contracts would cause the 
production portion of the Air Force's $20,500,000,000 estimate for 
the B-IB bomber baseline costs expressed in fiscal year 1981 con-
stant dollars to be exceeded: Provided further, That thirty of the 
F-16 aircraft for which funds are appropriated in this Act shall be 
provided to the Reserve Forces: Provided further, That of the 
C-130H aircraft for which funds are appropriated in this Act, eight 
shall be provided to the Air National Guard and eight shall be 
provided to the Air Force Reserve: Provided 
further, 
That 
$144,800,000 appropriated in fiscal year 1983 for procurement of 
commercial wide body aircraft shall be available only for the Civil 
Reserve Air Fleet (CRAF) modification program. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired and construction pros-
ecuted thereon prior to approval of title; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transporta-
tion of things; $6,909,245,000, of which $251,200,000 shall be avail-
able for the phase III defense satellite communications system 
(DSCS III) under a multiyear contract; to remain available for 
98 STAT. 1916 
PUBLIC LAW 98-473—OCT. 12, 1984 
obligation until September 30, 1987: Provided, That the funds appro-
priated or made available in this paragraph include not more than 
$1,000,000,000 which may be obligated only for procurement related 
to the deployment of the 21 MX missiles for which funds were 
appropriated for fiscal year 1984, for advance procurement of parts 
and materials for the MX missile program and maintenance of the 
MX missile program contractor base, and for spare parts for the MX 
missile program. An additional $1,500,000,000 of prior year unobli-
gated balances is available from the following accounts and in the 
specified amounts: 
, 
•.••• 
- 
iv--^ 
Aircraft Procurement, Army 
1984/86 
$30,000,000 
Missile Procurement, Army 
1984/86 
25,000,000 
Procurement of Weapons and 
1983/85 
58,100,000 
Tracked 
Combat 
Vehicles, 
Army. 
Procurement of Weapons and 
1984/86 
214,600,000 
Tracked 
Combat 
Vehicles, 
"
^ 
Army. 
Procurement of Ammunition, 
1984/86 
44,000,000 
Army. 
Other Procurement, Army 
1984/86 
47,500,000 
Aircraft Procurement, Navy 
1984/86 
75,000,000 
Weapons Procurement, Navy 
1984/86 
20,000,000 
Shipbuilding and Conversion, 
1981/85 
52,300,000 
Navy. 
Shipbuilding and Conversion, 
1983/87 
527,400,000 
Navy. 
Shipbuilding and Conversion, 
1984/88 
57,000,000 
Navy. 
Other Procurement, Navy 
1984/86 
85,700,000 
Procurement, Marine Corps 
1984/86 
7,500,000 
Aircraft 
Procurement, 
Air 
1983/85 
50,000,000 
Force. 
Aircraft 
Procurement, 
Air 
1984/86 
176,400,000 
Force. 
Missile Procurement, Air Force.. 1984/86 
15,000,000 
Other Procurement, Air Force 
1984/86 
14,500,000. 
The foregoing prior year unobligated balances shall remain avail-
able only for obligation for transfers or reprogrammings or for the 
procurement of twenty-one additional operational MX missiles. 
These prior year unobligated balances may not be obligated or 
become available for the procurement of twenty-one additional oper-
ational MX missiles unless after March 1,1985— 
Report. 
(a) the President submits to Congress a report described under 
section 110(e) of the Department of Defense Authorization Act, 
Post, p. 2504. 
1985; 
(b) a joint resolution approving authorization of obligation of 
funds for additional MX missiles is enacted as provided in 
\. 
section llO(dXl) of the Department of Defense Authorization 
Act, 1985; and 
(c) a joint resolution further approving the obligation and 
availability of those prior year unobligated balances is enacted 
as provided for in this proviso: 
(1) For the purposes of clause (c), "joint resolution" means 
only a joint resolution introduced after the date on which 
the report of the President described under section 110(e) of 
the Department of Defense Authorization Act, 1985, is re-
ceived by Congress, the matter after the resolving clause of 
which is as follows: "That the Congress approves the obliga-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1917 
tion and availability of prior year unobligated balances 
made available for fiscal year 1985 for the procurement of 
additional operational MX missiles.". 
(2) A resolution described in paragraph (1) introduced in 
the House of Representatives shall be referred to the Com-
mittee on Appropriations of the House of Representatives. 
A resolution described in paragraph (1) introduced in the 
Senate shall be referred to the Committee on Appropria-
tions of the Senate. 
(3) The committee to which is referred a resolution de-
scribed in paragraph (1) may not report such resolution in 
less than eight calendar days after its introduction. If a 
committee to which is referred a resolution described in 
paragraph (1) has not reported such resolution (or an identi-
cal resolution) at the end of fifteen calendar days after its 
introduction or at the end of the second day after the House 
involved has voted on final passage of a joint resolution 
approving the further obligation of funds for the procure-
ment of operational MX missiles as provided for in section 
110(d)(1) of the Department of Defense Authorization Act, 
1985, whichever is earlier, such committee shall be deemed 
Post, p. 2504. 
to be discharged from further consideration of such resolu-
tion and such resolution shall be placed on the appropriate 
calendar of the House involved. 
(4XA) Subject to subparagraph (B), when the committee to 
which a resolution is referred has reported, or has been 
deemed to be discharged (under paragraph (3)) from further 
consideration of, a resolution described in paragraph (1), it 
is at any time thereafter in order (even though a previous 
motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the 
consideration of the resolution, and all points of order 
against the resolution (and against consideration of the 
resolution) are waived. The motion is highly privileged in 
the House of Representatives and is privileged in the 
Senate and is not debatable. The motion is not subject to 
amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion 
to reconsider the vote by which the motion is agreed to or 
disagreed to shall not be in order. If a motion to proceed to 
the consideration of the resolution is agreed to, the resolu-
tion shall remain the unfinished business of the respective 
House until disposed of. 
(B) Notwithstanding subparagraph (A), it is not in order 
to consider a resolution described in paragraph (1) unless a 
resolution has been agreed to in the House involved as 
provided in section llO(dXl) of the Department of Defense 
Authorization Act, 1985. 
(C) Debate on the resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not 
more than ten hours, which shall be divided equally be-
tween those favoring and those opposing the resolution. A 
motion further to limit debate is in order and not debatable 
but such motion shall not be in order in the Senate until 
after five hours of debate. An amendment to, or a motion to 
postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the resolution is 
98 STAT. 1918 
PUBLIC LAW 98-473—OCT. 12, 1984 
not in order. A motion to reconsider the vote by which the 
resolution is agreed to or disagreed to is not in order. 
(D) Immediately following the conclusion of the debate on 
a resolution described in paragraph (1), and a single 
quorum call at the conclusion of the debate if requested in 
accordance with the rules of the appropriate House, the 
vote on final passage of the resolution shall occur. 
(E) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of 
Representatives, as the case may be, to the procedure relat-
ing to a resolution described in paragraph (1) shall be 
decided without debate. 
(5) If, before the passage by the Senate of a resolution of 
the Senate described in paragraph (1), the Senate receives 
from the House of Representatives a resolution described in 
paragraph (1), then the following procedures shall apply: 
(A) The resolution of the House of Representatives 
shall not be referred to a committee. 
(B) With respect to a resolution described in para-
.
^
^ 
graph (1) of the Senate— 
(i) the procedure in the Senate shall be the same 
as if no resolution had been received from the 
House; but 
(ii) the vote on final passage shall be on the 
resolution of the House. 
(C) Upon disposition of the resolution received from 
the House, it shall no longer be in order to consider the 
resolution originated in the Senate. 
(6) If the Senate receives from the House of Representa-
tives, a resolution described in paragraph (1) after the 
Senate has disposed of a Senate originated resolution, the 
action of the Senate with regard to the disposition of the 
Senate originated resolution shall be deemed to be the 
action of the Senate with regard to the House originated 
resolution. 
(7) This proviso is enacted by Congress— 
(A) as an exercise of the rulemaking power of the 
Senate and House of Representatives, respectively, and 
as such it is deemed a part of the rules of each House, 
respectively, but applicable only with respect to the 
procedure to be followed in that House in the case of a 
resolution described in paragraph (1), and it supersedes 
other rules only to the extent that it is inconsistent 
with such rules; and 
(B) with full recognition of the constitutional right of 
either House to change the rules (so far as relating to 
the procedure of that House) at any time, in the same 
manner and to the same extent as in the case of any 
other rule of that House. 
(8) Section 110(d)(1) of the Department of Defense Author-
ization Act, 1985, as approved by Congress on September 27, 
Post, p. 2504. 
1984, is amended by deleting the word "appropriated" and 
inserting in lieu thereof the word "available". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1919 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, materials, 
and spare parts therefor, not otherwise provided for; the purchase of 
not to exceed one thousand eight hundred and ninety-eight passen-
ger motor vehicles of which one thousand six hundred and forty-
seven shall be for replacement only; and expansion of public and 
private plants. Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of 
land, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon, 
prior to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; $8,861,697,000; to remain avail-
able for obligation until September 30,1987. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
and other procurement for the reserve components of the Armed 
Forces, not to exceed $380,000,000 to remain available until Septem-
ber 30, 1987, distributed as follows: Army National Guard, not to 
exceed $150,000,000; Air National Guard, not to exceed $20,000,000; 
Naval Reserve, not to exceed $20,000,000; Marine Corps Reserve, not 
to exceed $30,000,000; Army Reserve, not to exceed $150,000,000; and 
Air Force Reserve, not to exceed $10,000,000. 
PROCUREMENT, DEFENSE AGENCIES 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for pro-
curement, production, and modification of equipment, supplies, ma-
terials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed one hundred and thirty-two passenger 
motor vehicles of which one hundred and twenty-seven shall be for 
replacement only; expansion of public and private plants, equip-
ment, and installation thereof in such plants, erection of structures, 
and acquisition of land for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Government 
and contractor-owned equipment layaway; $1,165,701,000, to remain 
available for obligation until September 30,1987. 
DEFENSE PRODUCTION ACT PURCHASES 
For purchases or commitments to purchase metals, minerals, or 
other materials by the Department of Defense pursuant to section 
303 of the Defense Production Act of 1950, as amended (50 U.S.C. 
App. 2093); $10,000,000, to remain available for obligation until 
September 30,1987. 
98 STAT. 1920 
PUBLIC LAW 98-473—OCT. 12, 1984 
TITLE IV - .,,.,^.^.^ 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabili-
tation, lease, and operation of facilities and equipment, as author-
ized by law; $4,349,015,000, of which $13,338,000 is available only for 
activities relevant to approving the 120-millimeter mortar for serv-
ice use, to remain available for obligation until September 30, 1986. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabili-
tation, lease, and operation of facilities and equipment, as author-
ized by law; $9,172,622,000, of which $29,941,000 is available only for 
the Low Cost Anti-Radiation Seeker Program, to remain available 
for obligation until September 30, 1986: Provided, That none of the 
funds appropriated by this Act for the new design attack submarine 
may be obligated or expended unless and until the Secretary of the 
Navy provides to the Committees on Appropriations and Armed 
Services of the Senate and House of Representatives written certifi-
cation that, based on current national intelligence estimates ap-
proved by the Director of Central Intelligence, the new design attack 
submarine will be capable under operational conditions of engaging 
the known Soviet submarine threat. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, test, and evaluation, including maintenance, rehabili-
tation, lease, and operation of facilities and equipment, as author-
ized by law; $13,424,147,000, of which $82,698,000 is available only 
for the Engine Model Derivative Program, and $3,000,000 is avail-
able only for the Low Cost Anti-Radiation Seeker Program, to 
remain available for obligation until September 30,1986. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE 
AGENCIES 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test, and evaluation; 
advanced research projects as may be designated and determined by 
the Secretary of Defense, pursuant to law; maintenance, rehabilita-
tion, lease, and operation of facilities and equipment, as authorized 
by law; $4,182,287,000, of which $10,000,000 is available only for the 
adapting of free electron laser technology to biomedical and materi-
als science research, to remain available for obligation until Septem-
ber 30, 1986: Provided, That such amounts as may be determined by 
the Secretary of Defense to have been made available in other 
appropriations available to the Department of Defense during the 
current fiscal year for programs related to advanced research may 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1921 
be transferred to and merged with this appropriation to be available 
for the same purposes and time period: Provided further. That such 
amounts of this appropriation as may be determined by the Secre-
tary of Defense may be transferred to carry out the purposes of 
advanced research to those appropriations for military functions 
under the Department of Defense which are being utilized for 
related programs to be merged with and to be available for the same 
time period as the appropriation to which transferred. 
DIRECTOR OF TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activities 
of the Director of Defense Test and Evaluation in the direction and 
supervision of test and evaluation, including initial operational 
testing and evaluation; and performance of joint testing and evalua-
tion; and 
administrative 
expenses in 
connection 
therewith; 
$59,000,000, to remain available for obligation until September 30, 
1986. 
TITLE V 
SPECIAL FOREIGN CURRENCY PROGRAM 
if 
For payment in foreign currencies which the Treasury Depart-
ment determines to be excess to the normal requirements of the 
United States for expenses in carrying out programs of the Depart-
ment of Defense, as authorized by law; $8,650,000, to remain avail-
able for obligation until September 30, 1986: Provided, That this 
appropriation shall be available in addition to other appropriations 
to such Department, for pa3mients in the foregoing currencies. 
TITLE VI 
REVOLVING AND MANAGEMENT FUNDS 
ARMY STOCK FUND 
For the Army stock fund; $366,448,000. 
NAVY STOCK FUND 
For the Navy stock fund; $473,307,000. 
MARINE CORPS STOCK FUND 
i 
i 
For the Marine Corps stock fund; $34,908,000. 
AIR FORCE STOCK FUND 
For the Air Force stock fund; $548,593,000. 
DEFENSE STOCK FUND 
For the Defense stock fund; $130,700,000. 
98 STAT. 1922 
PUBLIC LAW 98-473—OCT. 12, 1984 
TITLE VII 
RELATED AGENCIES 
INTELLIGENCE COMMUNITY STAFF 
For necessary expenses of the Intelligence Community Staff; 
$20,797,000. 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for con-
tinuing the operation of the Central Intelligence Agency Retirement 
and Disability System; $99,300,000. 
TITLE VIII 
Contracts. 
Public 
availability. 
Lobbying. 
10 u s e 1584 
note. 
GENERAL PROVISIONS 
SEC. 8001. The expenditure of any appropriation under this Act 
for any consulting service through procurement contract, pursuant 
to section 3109 of title 5, United States Code, shall be limited to 
those contracts where such expenditures are a matter of public 
record and available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law. 
SEC. 8002. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress. 
SEC. 8003. During the current fiscal year, the Secretary of Defense 
and the Secretaries of the Army, Navy, and Air Force, respectively, 
if they should deem it advantageous to the national defense, and if 
in their opinions the existing facilities of the Department of Defense 
are inadequate, are authorized to procure services in accordance 
with section 3109 of title 5, United States Code, under regulations 
prescribed by the Secretary of Defense, and to pay in connection 
therewith travel expenses of individuals, including actual transpor-
tation and per diem in lieu of subsistence while traveling from their 
homes or places of business to official duty stations and return as 
may be authorized by law: Provided, That such contracts may be 
renewed annually. 
SEC. 8004. During the current fiscal year, provisions of law prohib-
iting the payment of compensation to, or employment of, any person 
not a citizen of the United States shall not apply to personnel of the 
Department of Defense. 
SEC. 8005. Appropriations for the Department of Defense for the 
current fiscal year shall be available for: (a) transportation to 
primary and secondary schools of minor dependents of military and 
civilian personnel of the Department of Defense as authorized for 
the Navy by section 7204 of title 10, United States Code; (b) expenses 
in connection with administration of occupied areas; (c) payment of 
rewards as authorized for the Navy by section 7209(a) of title 10, 
United States Code, for information leading to the discovery of 
missing naval property or the recovery thereof; (d) payment of 
deficiency judgments and interests thereon arising out of condemna-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1923 
tion proceedings; (e) leasing of buildings and facilities including 
payment of rentals for special purpose space at the seat of govern-
ment, and in the conduct of field exercises and maneuvers or, in 
administering the provisions of the Act of July 9, 1942 (56 Stat. 654; 
43 U.S.C. 315q), rentals may be paid in advance; (f) payments under 
contracts for maintenance of tools and facilities for twelve months 
beginning at any time during the fiscal year; (g) maintenance of 
defense access roads certified as important to national defense in 
accordance with section 210 of title 23, United States Code; (h) the 
purchase of milk for enlisted personnel of the Department of De-
fense heretofore made available pursuant to section 202 of the 
Agricultural Act of 1949 (7 U.S.C. 1446a), and the cost of milk so 
purchased, as determined by the Secretary of Defense, shall be 
included in the value of the commuted ration; (i) transporting 
civilian clothing to the home of record of selective service inductees 
and recruits on entering the military services; (j) payments under 
leases for real or personal property, including maintenance thereof 
when contracted for as a part of the lease agreement, for twelve 
months beginning at any time during the fiscal year; (k) pay and 
allowances of not to exceed nine persons, including personnel de-
tailed to International Military Headquarters and Organizations, at 
rates provided for under section 625(d)(1) of the Foreign Assistance 
Act of 1961, as amended; (1) the purchase of right-hand-drive vehicles 
22 USC 2385. 
not to exceed $12,000 per vehicle; (m) payment of unusual cost 
overruns incident to ship overhaul, maintenance, and repair for 
ships inducted into industrial fund activities or contracted for in 
prior fiscal years: Provided, That the Secretary of Defense shall 
notify the Congress promptly prior to obligation of any such pay-
ments; (n) payments from annual appropriations to industrial fund 
activities and/or under contract for changes in scope of ship over-
haul, maintenance, and repair after expiration of such appropria-
tions, for such work either inducted into the industrial fund activity 
or contracted for in that fiscal year; and (o) payments for depot 
maintenance contracts for twelve months beginning at any time 
during the fiscal year. 
SEC. 8006. Appropriations for the Department of Defense for the 
current fiscal year shall be available for: (a) donations of not to 
10 USC 858 note. 
exceed $25 to each prisoner upon each release from confinement in 
military or contract prison and to each person discharged for fraud-
ulent enlistment; (b) authorized issues of articles to prisoners, appli-
cants for enlistment and persons in military custody; (c) subsistence 
of selective service registrants called for induction, applicants for 
enlistment, prisoners, civilian employees as authorized by law, and 
supernumeraries when necessitated by emergent military circum-
stances; (d) reimbursement for subsistence of enlisted personnel 
while sick in hospitals; (e) expenses of prisoners confined in nonmili-
tary facilities; (f) military courts, boards, and commissions; (g) utility 
services for buildings erected at private cost, as authorized by law, 
and buildings on military reservations authorized by regulations to 
be used for welfare and recreational purposes; (h) exchange fees, and 
losses in the accounts of disbursing officers or agents in accordance 
with law; (i) expenses of Latin American cooperation as authorized 
for the Navy by section 7208 of title 10, United States Code; (j) 
lo use 807 note. 
expenses of apprehension and delivery of deserters, prisoners, and 
members absent without leave, including payment of rewards of not 
to exceed $75 in any one case; and (k) carrying out section 10 of the 
Act of September 23,1950, as amended. 
20 USC 640. 
98 STAT. 1924 
PUBLIC LAW 98-473—OCT. 12, 1984 
Small and 
minority 
business. 
Report. 
SEC. 8007. The Secretary of Defense and each purchasing and 
contracting agency of the Department of Defense shall assist Ameri-
can small and minority-owned business to participate equitably in 
the furnishing of commodities and services financed with funds 
appropriated under this Act by increasing, to an optimum level, the 
resources and number of personnel jointly assigned to promoting 
both small and minority business involvement in purchases fi-
nanced with funds appropriated herein, and by making available or 
causing to be made available to such businesses, information, as far 
in advance as possible, with respect to purchases proposed to be 
financed with funds appropriated under this Act, and by assisting 
small and minority business concerns to participate equitably as 
subcontractors on contracts financed with funds appropriated 
herein, and by otherwise advocating and providing small and minor-
ity business opportunities to participate in the furnishing of com-
modities and services financed with funds appropriated by this Act. 
SEC. 8008. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 8009. (a) During the current fiscal year, the President may 
exempt appropriations, funds, and contract authorizations, available 
for military functions under the Department of Defense, from the 
provisions of section 1512 of title 31, United States Code, whenever 
he deems such action to be necessary in the interest of national 
defense. 
(b) Upon determination by the President that such action is 
necessary, the Secretary of Defense is authorized to provide for the 
cost of an airborne alert as an excepted expense in accordance with 
the provisions of section 3732 of the Revised Statutes (41 U.S.C. 11). 
(c) Upon determination by the President that it is necessary to 
increase the number of military personnel on active duty subject to 
existing laws beyond the number for which funds are provided in 
this Act, the Secretary of Defense is authorized to provide for the 
cost of such increased military personnel, as an excepted expense in 
accordance with the provisions of section 3732 of the Revised Stat-
utes (41 U.S.C. 11). 
(d) The Secretary of Defense shall immediately advise Congress of 
the exercise of any authority granted in this section, and shall 
report monthly on the estimated obligations incurred pursuant to 
subsections (b) and (c). 
SEC. 8010. No appropriation contained in this Act shall be avail-
able in connection with the operation of commissary stores of the 
agencies of the Department of Defense for the cost of purchase 
(including commercial transportation in the United States to the 
place of sale but excluding all transportation outside the United 
States) and maintenance of operating equipment and supplies, and 
for the actual or estimated cost of utilities as may be furnished by 
the Government and of shrinkage, spoilage, and pilferage of mer-
chandise under the control of such commissary stores, except as 
authorized under regulations promulgated by the Secretaries of the 
military departments concerned with the approval of the Secretary 
of Defense, which regulations shall provide for reimbursement 
therefor to the appropriations concerned and, notwithstanding any 
other provision of law, shall provide for the adjustment of the sales 
prices in such commissary stores to the extent necessary to furnish 
sufficient gross revenues from sales of commissary stores to make 
such reimbursement: Provided, That under such regulations as may 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1925 
be issued pursuant to this section all utilities may be furnished 
without cost to the commissary stores outside the continental 
United States and in Alaska: Provided further. That no appropria-
tion contained in this Act shall be available to pay any costs 
incurred by any commissary store or other entity acting on behalf of 
any commissary store in connection with obtaining the face value 
^ 
• > 
amount of manufacturer or vendor cents-off discount coupons unless 
all fees or moneys received for handling or processing such coupons 
are reimbursed to the appropriation charged with the incurred 
costs: Provided further. That no appropriation contained in this Act 
shall be available in connection with the operation of commissary 
stores within the continental United States unless the Secretary of 
Defense has certified that items normally procured from commis-
sary stores are not otherwise available at a reasonable distance and 
a reasonable price in satisfactory quality and quantity to the mili-
tary and civilian employees of the Department of Defense. 
SEC. 8011. No part of the appropriations in this Act shall be 
available for any expense of operating aircraft under the jurisdic-
tion of the armed forces for the purpose of proficiency flying, as 
defined in Department of Defense Directive 1340.4, except in accord-
ance with regulations prescribed by the Secretary of Defense. Such 
regulations (1) may not require such flying except that required to 
maintain proficiency in anticipation of a member's assignment to 
combat operations and (2) such fljdng may not be permitted in cases 
of members who have been assigned to a course of instruction of 
ninety days or more. 
SEC. 8012. No part of any appropriation contained in this Act shall 
be available for expense of transportation, packing, crating, tempo-
rary storage, drayage, and unpacking of household goods and per-
sonal effects in any one shipment having a net weight in excess of 
thirteen thousand five hundred pounds for military personnel. 
SEC. 8013. Vessels under the jurisdiction of the Department of 40 use 483a. 
Transportation, the Department of the Army, the Department of the 
Air Force, or the Department of the Navy may be transferred or 
otherwise made available without reimbursement to any such Eigen-
cies upon the request of the head of one agency and the approval of 
the agency having jurisdiction of the vessels concerned. 
SEC. 8014. Not more than 20 per centum of the appropriations in 
this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of civilian components or summer camp 
training of the Reserve Officers' Training Corps, or the National 
Board for the Promotion of Rifle Practice, Army, or to the appro-
priations provided in this Act for Claims, Defense, or for Environ-
mental Restoration, Defense. 
SEC. 8015. During the current fiscal year the agencies of the 
Department of Defense may accept the use of real property from 
foreign countries for the United States in accordance with mutual 
defense agreements or occupational arrangements and may accept 
services furnished by foreign countries as reciprocal international 
courtesies or as services customarily made available without charge; 
and such agencies may use the same for the support of the United 
States forces in such areas without specific appropriation therefor. 
In addition to the foregoing, agencies of the Department of De-
fense may accept real property, services, and commodities from 
foreign countries for the use of the United States in accordance with 
98 STAT. 1926 
PUBLIC LAW 98-473—OCT. 12, 1984 
mutual defense agreements or occupational arrangements and such 
agencies may use the same for the support of the United States 
forces in such areas, without specific appropriations therefor: Pro-
vided, That the foregoing authority shall not be available for the 
conversion of heating plants from coal to oil at defense facilities in 
Report. 
Europe: Provided further. That within thirty days after the end of 
each quarter the Secretary of Defense shall render to Congress and 
to the Office of Management and Budget a full report of such 
property, supplies, and commodities received during such quarter. 
SEC. 8016. During the current fiscal year, appropriations available 
to the Department of Defense for research and development may be 
used for the purposes of section 2353 of title 10, United States Code, 
and for purposes related to research and development for which 
expenditures are specifically authorized in other appropriations of 
the Service concerned. 
Research 
SEC. 8017. No appropriation contained in this Act shall be avail-
and 
able for the payment of more than 75 per centum of charges of 
development. 
educational institutions for tuition or expenses of off-duty training 
of military personnel (except with regard to such charges of educa-
tional institutions (a) for enlisted personnel in the pay grade E-5 or 
higher with less than 14 years' service, for which payment of 90 per 
centum may be made or (b) for military personnel in off-duty high 
school completion programs, for which payment of 100 per centum 
may be made), nor for the payment of any part of tuition or 
expenses for such training for commissioned personnel who do not 
agree to remain on active duty for two years after completion of 
such training: Provided, That the foregoing limitation shall not 
apply to the Program for Afloat College Education. 
10 use 2103 
SEC. 8018. No part of the funds appropriated herein shall be 
note- 
expended for the support of any formally enrolled student in basic 
courses of the senior division. Reserve Officers' Training Corps, who 
has not executed a certificate of loyalty or loyalty oath in such form 
as shall be prescribed by the Secretary of Defense. 
SEC. 8019. No part of any appropriation contained in this Act, 
except for small purchases in amounts not exceeding $10,000 shall 
be available for the procurement of any article of food, clothing, 
cotton, woven silk or woven silk blends, spun silk yarn for cartridge 
cloth, synthetic fabric or coated synthetic fabric, or wool (whether in 
the form of fiber or yarn or contained in fabrics, materials, or 
manufactured articles), or specialty metals including stainless steel 
flatware, 
or hand or measuring tools, not grown, reprocessed, 
reused, or produced in the United States or its possessions, except to 
the extent that the Secretary of the Department concerned shall 
determine that satisfactory quality and sufficient quantity of any 
articles of food or clothing or any form of cotton, woven silk and 
woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric 
or coated sjmthetic fabric, wool, or specialty metals including stain-
less steel flatware, grown, reprocessed, reused, or produced in the 
United States or its possessions cannot be procured as and when 
needed at United States market prices and except procurements 
outside the United States in support of combat operations, procure-
ments by vessels in foreign waters, and emergency procurements or 
procurements of perishable foods by establishments located outside 
the United States for the personnel attached thereto: Provided, That 
nothing herein shall preclude the procurement of specialty metals 
or chemical warfare protective clothing produced outside the United 
States or its possessions when such procurement is necessary to 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1927 
comply with agreements with foreign governments requiring the 
United States to purchase supplies from foreign sources for the 
purposes of offsetting sales made by the United States Government 
or United States firms under approved programs serving defense 
requirements or where such procurement is necessary in further-
ance of the standardization and interoperability of equipment re-
quirements within NATO so long as such agreements with foreign 
governments comply, where applicable, with the requirements of 
section 36 of the Arms Export Control Act and with section 2457 of 22 use 2776. 
title 10, United States Code: Provided further. That nothing herein 
shall preclude the procurement of foods manufactured or processed 
in the United States or its possessions: Provided further. That no 
funds herein appropriated shall be used for the payment of a price 
differential on contracts hereafter made for the purpose of relieving 
economic dislocations other than certain contracts not involving fuel 
made on a test basis by the Defense Logistics Agency with a 
cumulative value not to exceed $4,000,000,000, as may be deter-
mined by the Secretary of Defense pursuant to existing laws and 
regulations as not to be inappropriate therefor by reason of national 
security considerations: Provided further. That the Secretary specifi-
cally determines that there is a reasonable expectation that offers 
will be obtained from a sufficient number of eligible concerns so that 
awards of such contracts will be made at a reasonable price and that 
no award shall be made for such contracts if the price differential 
exceeds 2.2 per centum: Provided further, That none of the funds 
appropriated in this Act shall be used except that, so far as practica-
ble, all contracts shall be awarded on a formally advertised competi-
tive bid basis to the lowest responsible bidder. 
SEC. 8020. None of the funds appropriated by this Act may be 
obligated under section 206 of title 37, United States Code, for 
inactive duty training pay of a member of the National Guard or a 
member of a reserve component of a uniformed service for more 
than four periods of equivalent training, instruction, duty or appro-
priate duties that are performed instead of that member's regular 
period of instruction or regular period appropriate duty. 
SEC. 8021. During the current fiscal year, appropriations available 
to the Department of Defense for pay of civilian employees shall be 
available for uniforms, or allowances therefor, as authorized by 
section 5901 of title 5, United States Code. 
SEC. 8022. Funds provided in this Act for legislative liaison activi-
ties of the Department of the Army, the Department of the Navy, 
the Department of the Air Force, and the Office of the Secretary of 
Defense shall not exceed $12,700,000 for the current fiscal year: 
Provided, That this amount shall be available for apportionment to 
the Department of the Army, the Department of the Navy, the 
Department of the Air Force, and the Office of the Secretary of 
Defense as determined by the Secretary of Defense: Provided fur-
ther. That costs for military retired pay accrual shall be included 
within this limitation. 
SEC. 8023. Of the funds made available by this Act for the services 
of the Military Airlift Command, $100,000,000 shall be available 
only for procurement of commercial transportation service from 
carriers participating in the civil reserve air fleet program; and the 
Secretary of Defense shall utilize the services of such carriers which 
qualify as small businesses to the fullest extent found practicable: 
Provided, That the Secretary of Defense shall specify in such pro-
98 STAT. 1928 
PUBLIC LAW 98-473—OCT. 12, 1984 
curement, performance characteristics for aircraft to be used based 
upon modern aircraft operated by the civil reserve air fleet. 
SEC. 8024. During the current fiscal year, appropriations available 
to the Department of Defense for operation may be used for civilian 
clothing, not to exceed $40 in cost for enlisted personnel: (1) dis-
charged for misconduct, unsuitability, or otherwise than honorably; 
(2) sentenced by a civil court to confinement in a civil prison or 
interned or discharged as an alien enemy; or (3) discharged prior to 
completion of recruit training under honorable conditions for de-
pendency, hardship, minority, disability, or for the convenience of 
the Government. 
(TRANSFER OF FUNDS) 
SEC. 8025. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to 
exceed $1,200,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) be-
tween such appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which transferred: 
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by Congress: 
Provided further, That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority. 
(TRANSFER OF FUNDS) 
SEC. 8026. During the current fiscal year, cash balances in work-
ing capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That transfers may be 
made between such funds in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of Manage-
ment and Budget, except that transfers between a stock fund ac-
count and an industrial fund account may not be made unless the 
Secretary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made 
against a working capital fund to procure war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8027. No part of the funds appropriated under this Act shall 
be used to provide a loan, guarantee of a loan, or a grant to any 
applicant who has been convicted by any court of general jurisdic-
tion of any crime which involves the use of or the assistance to 
others in the use of force, trespass, or the seizure of property under 
control of an institution of higher education to prevent officials or 
students at such an institution from engaging in their duties or 
pursuing their studies. 
SEC. 8028. None of the funds available to the Department of 
Defense shall be utilized for the conversion of heating plants from 
coal to oil at defense facilities in Europe. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1929 
SEC. 8029. None of the funds appropriated by this Act shall be 
available for any research involving uninformed or nonvoluntary 
human beings as experimental subjects: Provided, That this limita-
tion shall not apply to measures intended to be beneficial to the 
recipient and consent is obtained from the recipient or a legal 
representative acting on the recipient's behalf. 
SEC. 8030. No part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations 
for reprograming of funds, unless for higher priority items, based on 
unforeseen military requirements, than those for which originally 
appropriated and in no case where the item for which reprograming 
is requested has been denied by the Congress. 
SEC. 8031. No funds appropriated by this Act shall be available to 
pay claims for nonemergency inpatient hospital care provided under 
the Civilian Health and Medical Program of the Uniformed Services 
for services available at a facility of the uniformed services within a 
40-mile radius of the patient's residence: Provided, That the forego-
ing limitation shall not apply to payments that supplement primary 
coverage provided by other insurance plans or programs for inpa-
tient care. 
SEC. 8032. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
under the provisions of section 1079(a) of title 10, United States 
Code, shall be available for (a) services of pastoral counselors, or 
family and child counselors, or marital counselors unless the patient 
h£is been referred to such counselor by a medical doctor for treat-
ment of a specific problem with results of that treatment to be 
communicated back to the physician who made such referral; Ot)) 
special education, except when provided as secondary to the active 
psychiatric treatment on an institutional inpatient basis; (c) therapy 
or counseling for sexual dysfunctions or sexual inadequacies; (d) 
treatment of obesity when obesity is the sole or major condition 
treated; (e) surgery which improves physical appearance but which 
is not expected to significantly restore functions including, but not 
limited to, mammary augmentation, face lifts and sex gender 
changes except that breast reconstructive surgery following mastec-
tomy and reconstructive surgery to correct serious deformities 
caused by congenital anomalies, accidental injuries and neoplastic 
surgery are not excluded; (f) reimbursement of any physician or 
other authorized individual provider of medical care in excess of the 
eightieth percentile of the customary charges made for similar 
services in the same locality where the medical care was furnished, 
as determined for physicians in accordance with section 1079(h) of 
title 10, United States Code; or (g) any service or supply which is not 
medically or psychologically necessary to prevent, diagnose, or treat 
a mental or physical illness, injury, or bodily malfunction as as-
sessed or diagnosed by a physician, dentist, clinical psychologist, 
optometrist, podiatrist, certified nurse-midwife, certified nurse prac-
titioner, or certified clinical social worker, as appropriate, except as 
authorized by section 1079(aX4) of title 10, United States Code: 
Provided, That any changes in availability of funds for the program 
made in this Act from those in effect prior to its enactment shall be 
effective for care received following enactment of this Act. 
SEC. 8033. Appropriations available to the Department of Defense 
for the current fiscal year shall be available to provide an individual 
entitled to health care under chapter 55 of title 10, United States 
Code, with one wig if the individual has alopecia that resulted from 
Human experi-
ments. 
Health and 
medical care. 
Health and 
medical care. 
10 u s e 1071 
et seq. 
31-194 - 0 - 86 - 25 : QL. 3 Part 2 
98 STAT. 1930 
PUBLIC LAW 98-473—OCT. 12, 1984 
treatment of malignant disease: Provided, That the individual has 
not previously received a wig from the Government. 
SEC. 8034. None of the funds appropriated by this Act may be used 
to support more than three hundred enlisted aides for officers in the 
United States Armed Forces. 
SEC. 8035. No appropriation contained in this Act may be used to 
pay for the cost of public affairs activities of the Department of 
Defense in excess of $43,400,000: Provided, That costs for military 
retired pay accrual shall be included within this limitation. 
SEC. 8036. None of the funds provided in this Act shall be avail-
able for the planning or execution of programs which utilize 
amounts credited to Department of Defense appropriations or funds 
pursuant to the provisions of section 37(a) of the Arms Export 
22 use 2777. 
Control Act representing payment for the actual value of defense 
22 use 2761. 
articles specified in section 21(a)(1) of that Act: Provided, That such 
amounts shall be credited to the Special Defense Acquisition Fund, 
as authorized by law, or, to the extent not so credited shall be 
deposited in the Treasury as miscellaneous receipts as provided in 
section 3302(b) of title 31, United States Code. 
ROTe. 
SEC. 8037. No appropriation contained in this Act shall be avail-
able to fund any costs of a Senior Reserve Officers' Training Corps 
unit—except to complete training of personnel enrolled in Military 
Science 4—which in its junior year class (Military Science 3) has for 
the four preceding academic years, and as of September 30, 1983, 
enrolled less than (a) seventeen students where the institution 
prescribes a four-year or a combination four- and two-year program; 
or (b) twelve students where the institution prescribes a two-year 
program: Provided, That, notwithstanding the foregoing limitation, 
funds shall be available to maintain one Senior Reserve Officers' 
Training Corps unit in each State and at each State-operated mari-
time academy: Provided further, That units under the consortium 
system shall be considered as a single unit for purposes of evalua-
tion of productivity under this provision: Provided further. That 
enrollment standards contained in Department of Defense Directive 
1215.8 for Senior Reserve Officers' Training Corps units, as revised 
during fiscal year 1981, may be used to determine compliance with 
this provision, in lieu of the standards cited above. 
SEC. 8038. (a) None of the funds appropriated by this Act or 
available in any working capital fund of the Department of Defense 
shall be available to pay the expenses attributable to lodging of any 
person on official business away from his designated post of duty, or 
in the case of an individual described under section 5703 of title 5, 
United States Code, his home or regular place of duty, when ade-
quate Government quarters are available, but are not occupied by 
such person. 
(b) The limitation set forth in subsection (a) is not applicable to 
employees whose duties require official travel in excess of 50 per 
centum of the total number of the basic administrative work weeks 
during the current fiscal year. 
10 use 6330 
SEC. 8039. (a) During the current fiscal year and hereafter, none of 
note. 
the assets of the Department of Defense Military Retirement Fund 
shall be available to pay the retainer pay of any enlisted member of 
the Regular Navy, the Naval Reserve, the Regular Marine Corps, or 
the Marine Corps Reserve who is transferred to the Fleet Reserve or 
the Fleet Marine Corps Reserve under section 6330 of title 10, 
IJnited States Code, on or after December 31, 1977, if the provisions 
of section 6330(d) of title 10, are utilized in determining such mem-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1931 
ber's eligibility for retirement under section 6330(b) of the title 10: 
Provided, That notwithstanding the foregoing, time creditable as 
active service for a completed minority enlistment, and an enlist-
ment terminated within three months before the end of the term of 
enlistment under section 6330(d) of title 10, prior to December 31, 
1977, may be utilized in determining eligibility for retirement: 
Provided further, That notwithstanding the foregoing, time may be 
credited as active service in determining a member's eligibility for 
retirement under section 6330(b) of title 10 pursuant to the provi-
sions of the first sentence of section 6330(d) of title 10 for those 
members who had formally requested transfer to the Fleet Reserve 
or the Fleet Marine Corps Reserve on or before October 1, 1977. 
(b) During the current fiscal year and hereafter, none of the assets 
of the Department of Defense Military Retirement Fund shall be 
available to pay that portion of the retainer pay of any enlisted 
member of the Regular Navy, the Naval Reserve, the Regular 
Marine Corps, or the Marine Corps Reserve who is transferred to 
the Fleet Reserve or the Fleet Marine Corps Reserve under section 
6330 of title 10, United States Code, on or after December 31, 1977, 
which is attributable under the second sentence of section 6330(d) of 
title 10 to time which, after December 31, 1977, is not actually 
served by such member. 
SEC. 8040. None of the funds appropriated by this Act for pro-
grams of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for: (a) funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 1986; and (b) funds appropriated for 
Headquarters Construction, which shall remain available until Sep-
tember 30,1989. 
SEC. 8041. None of the funds provided by this Act may be used to 
pay the salaries of any person or persons who authorized the 
transfer of unobligated and deobligated appropriations into the 
Reserve for Contingencies of the Central Intelligence Agency. 
SEC. 8042. None of the funds appropriated by this Act may be used 
to support more than 9,901 full-time and 2,603 part-time military 
personnel assigned to or used in the support of Morale, Welfare, and 
Recreation activities as described in Department of Defense Instruc-
tion 7000.12 and its enclosures, dated September 4,1980. 
SEC. 8043. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified and 
confirmed if otherwise in accordance with the provisions of this Act. 
SEC. 8044. None of the funds provided by this Act shall be used to 
perform abortions except where the life of the mother would be 
endangered if the fetus were carried to term. 
SEC. 8045. None of the funds appropriated by this Act shall be 
used for the provision, care or treatment to dependents of members 
or former members of the Armed Services or the Department of 
Defense for the elective correction of minor dermatological blem-
ishes and marks or minor anatomical anomalies. 
SEC. 8046. None of the funds appropriated by this Act or hereto-
fore appropriated by any other Act shall be obligated or expended 
for the payment of anticipatory possession compensation claims to 
the Federal Republic of Germany other than claims listed in the 
1973 agreement (commonly referred to as the Global Agreement) 
between the United States and the Federal Republic of Germany. 
SEC. 8047. During the current fiscal year the Department of 
Defense may enter into contracts to recover indebtedness to the 
Abortion. 
Claims 
Germany. 
Contracts. 
98 STAT. 1932 
PUBLIC LAW 98-473—OCT. 12, 1984 
Contracts. 
94 Stat. 1150. 
Contracts. 
United States pursuant to section 3718 of title 31, United States 
Code, and any such contract entered into by the Department of 
Defense may provide that appropriate fees charged by the contrac-
tor under the contract to recover indebtedness may be payable from 
amounts collected by the contractor to the extent and under the 
conditions provided under the contract. 
SEC. 8048. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(a) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, or 
(b) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(c) where the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8049. None of the funds appropriated by this Act shall be 
available to provide medical care in the United States on an inpa-
tient basis to foreign military and diplomatic personnel or their 
dependents unless the Department of Defense is reimbursed for the 
costs of providing such care: Provided, That reimbursements for 
medical care covered by this section shall be credited to the appro-
priations against which charges have been made for providing such 
care, except that inpatient medical care may be provided in the 
United States without cost to military personnel and their depend-
ents from a foreign country if comparable care is made available to 
a comparable number of United States military personnel in that 
foreign country. 
SEC. 8050. None of the funds appropriated by this Act shall be 
obligated for the second career training program authorized by 
Public Law 96-347. 
SEC. 8051. None of the funds appropriated or otherwise made 
available in this Act shall be obligated or expended for salaries or 
expenses during the current fiscal year for the purposes of demili-
tarization of surplus nonautomatic firearms less than .50 caliber. 
SEC. 8052. None of the funds provided in this Act shall be avail-
able to initiate (1) a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year of the 
contract or that includes an unfunded contingent liability in excess 
of $20,000,000, or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity procure-
ment in excess of $20,000,000 in any one year, unless the Commit-
tees on Appropriations and Armed l^rvices of the Senate and House 
of Representatives have been notified at least thirty days in advance 
of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1933 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the Umits of the Government's 
liability: Provided further, That no part of any appropriation con-
tained in this Act shall be available to initiate multiyear procure-
ment contracts for major systems unless specifically provided 
herein. For purposes of this provision, a major system is defined as a 
system or major assembly thereof whose eventual total expenditure 
for research, development, test, and evaluation is more than 
$200,000,000, or whose eventual total expenditure for procurement 
is more than $1,000,000,000. 
SEC. 8053. None of the funds appropriated by this Act which are 
available for payment of travel allowances for per diem in lieu of 
subsistence to enlisted personnel shall be used to pay such an 
allowance to any enlisted member in an amount that is more than 
the amount of per diem in lieu of subsistence that the enlisted 
member is otherwise entitled to receive minus the basic allowance 
for subsistence, or pro rata portion of such allowance, that the 
enlisted member is entitled to receive during any day, or portion of a 
day, that the enlisted member is also entitled to be paid a per diem 
in lieu of subsistence: Provided, That if an enlisted member is in a 
travel status and is not entitled to receive a per diem in lieu of 
subsistence because the member is furnished meals in a Govern-
ment mess, funds available to pay the basic allowance for subsist-
ence to such a member shall not be used to pay that allowance, or 
pro rata portion of that allowance, for each day, or portion of a day, 
that such enlisted member is furnished meals in a Government 
mess. 
SEC. 8054. During the current fiscal year and hereafter, none of 1
0 use 1401 
the assets of the Department of Defense Military Retirement Fund note. 
shall be available to pay the retired pay or retainer pay of a member 
of the Armed Forces for any month who, on or after January 1,1982, 
becomes entitled to retired or retainer pay, in an amount that is 
greater than the amount otherwise determined to be payable after 
such reductions as may be necessary to reflect adjusting the compu-
tation of retired pay or retainer pay that includes credit for a part of 
a year of service to permit credit for a part of a year of service only 
for such month or months actually served: Provided, That the 
foregoing limitation shall not apply to any member who before 
January 1, 1982: (a) applied for retirement or transfer to the Fleet 
Reserve or Fleet Marine Corps Reserve; 0)) is being processed for 
retirement under the provisions of chapter 61 of title 10 or who is on lo use 2loi 
the temporary disability retired list and thereafter retired under the ^t seq. 
provisions of sections 1210 (c) or (d) of title 10; or (c) is retired or in 
an inactive status and would be eligible for retired pay under the 
provisions of chapter 67 of title 10, but for the fact that the person is l
O use 1331 
under sixty years of age. 
^
^ *
^
'
^
" 
SEC. 8055. None of the funds appropriated by this Act shall be 
available to approve a request for waiver of the costs otherwise 
required to be recovered under the provisions of section 21(eXlXC) of 
the Arms Export Control Act unless the Committees on Appropria- 22 use 2761. 
tions have been notified in advance of the proposed waiver. 
SEC. 8056. None of the funds appropriated by this Act shall be 
available for the transportation of equipment or materiel designated 
as Prepositioned Materiel Configured in Unit Sets (POMCUS) in 
Europe in excess of four division sets: Provided, That the foregoing 
limitation shall not apply with respect to any item of equipment or 
materiel which is maintained in the inventories of the Active and 
98 STAT. 1934 
PUBLIC LAW 98-473—OCT. 12, 1984 
Reserve Forces at levels of at least 70 per centum of the established 
requirements for such an item of equipment or materiel for the 
Active Forces and 50 per centum of the established requirement for 
the Reserve Forces for such an item of equipment or materiel: 
Provided further, That no additional commitments to the establish-
ment of POMCUS sites shall be made without prior approval of 
Congress. 
SEC. 8057. (a) None of the funds in this Act may be used to transfer 
any article of military equipment or data related to the manufac-
ture of such equipment to a foreign country prior to the approval in 
writing of such transfer by the Secretary of the military service 
involved. 
(b) No funds appropriated by this Act may be used for the transfer 
of a technical data package from any Government-owned and oper-
ated defense plant manufacturing large caliber cannons to any 
foreign government, nor for assisting any such government in pro-
ducing any defense item currently being manufactured or developed 
in a United States Government-owned, Government-operated de-
fense plant manufacturing large caliber cannons. 
(TRANSFER OF FUNDS) 
SEC. 8058. None of the funds appropriated in this Act may be 
made available through transfer, reprograming, or other means for 
any intelligence or special activity different from that previously 
justified to the Congress unless the Director of Central Intelligence 
or the Secretary of Defense has notified the House and Senate 
Appropriations Committees of the intent to make such funds avail-
able for such activity. 
SEC. 8059. Of the funds appropriated by this Act for strategic 
programs, the Secretary of Defense shall provide funds for the 
Advanced Technology Bomber program at a level at least equal to 
the amount provided by the committee of conference on this Act in 
order to maintain priority emphasis on this program. 
SEC. 8060. None of the funds available to the Department of 
Defense during the current fiscal year shall be used by the Secretary 
of a military department to purchase coal or coke from foreign 
nations for use at United States defense facilities in Europe when 
coal from the United States is available. 
SEC. 8061. None of the funds available to the Department of 
Defense shall be available for the procurement of manual typewrit-
ers which were manufactured by facilities located within states 
which are Signatories to the Warsaw Pact. 
SEC. 8062. None of the funds appropriated by this Act may be used 
to appoint or compensate more than 37 individuals in the Depart-
ment of Defense in positions in the Executive Schedule (as provided 
in sections 5312-5316 of title 5, United States Code). 
SEC. 8063. None of the funds appropriated by this Act shall be 
available to convert a position in support of the Army Reserve, Air 
. , 
Force Reserve, Army National Guard, and Air National Guard 
occupied by, or programed to be occupied by, a (civilian) military 
technician to a position to be held by a person in an active Guard or 
Reserve status if that conversion would reduce the total number of 
positions occupied by, or programed to be occupied by, (civilian) 
military technicians of the component concerned, below 62,410: 
Provided, That none of the funds appropriated by this Act shall be 
available to support more than 37,957 positions in support of the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1935 
Army Reserve, Army National Guard or Air National Guard occu-
pied by, or programed to be occupied by, persons in an active Guard 
or Reserve status: Provided further. That none of the funds appro-
priated by this Act may be used to include (civilian) military techni-
cians in computing civilian personnel ceilings, including statutory 
or administratively imposed ceilings, on activities in support of the 
Army Reserve, Air Force Reserve, Army National Guard or Air 
National Guard. 
SEC. 8064. (a) The provisions of section 138(c)(2) of title 10, United 
States Code, shall not apply with respect to fiscal year 1985 or with 
respect to the appropriation of funds for that year. 
(b) During fiscal year 1985, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known as 
an end-strength) on the number of such personnel who may be 
employed on the last day of such fiscal year. 
(c) The fiscal year 1986 budget request for the Department of 
Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1986 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
sections (a) and (b) of this provision were effective with regard to 
fiscal year 1986. 
(TRANSFER OF FUNDS) 
SEC. 8065. Appropriations or funds available to the Department of 
Defense during the current fiscal year may be transferred to appro-
priations provided in this Act for research, development, test, and 
evaluation to the extent necessary to meet increased pay costs 
authorized by or pursuant to law, to be merged with and to be 
available for the same purposes, and the same time period, as the 
appropriation to which transferred. 
SEC. 8066. (a) During fiscal year 1985, no funds available to the 
Central Intelligence Agency, the Department of Defense, or any 
other agency or entity of the United States involved in intelligence 
activities may be obligated or expended for the purpose or which 
would have the effect of supporting, directly or indirectly, military 
or paramilitary operations in Nicaragua by any nation, group, 
organization, movement, or individual. 
(b) The prohibition concerning Nicaragua contained in subsection 
(a) shall cease to apply if, after February 28,1985— 
(1) the President submits to Congress a report— 
(A) stating that the Government of Nicaragua is provid-
ing materiel or monetary support to anti-government forces 
engaged in military or paramilitary operations in El Salva-
dor or other Central American countries; 
(B) analyzing the military significance of such support; 
(C) stating that the President has determined that assist-
ance for military or paramilitary operations prohibited by 
subsection (a) is necessary; 
(D) justifying the amount and type of such assistance and 
describing its objectives; and 
(E) explaining the goals of United States policy for the 
Central American region and how the proposed assistance 
would further such goals, including the achievement of 
peace and security in Central America through a compre-
Nicaragua. 
Report. 
98 STAT. 1936 
PUBLIC LAW 98-473—OCT. 12, 1984 
hensive, verifiable and enforceable agreement based upon 
the Contadora Document of Objectives; and 
(2) a joint resolution approving assistance for military or 
paramilitary operations in Nicaragua is enacted. 
(c)(1) For the purpose of subsection (b)(2), "joint resolution" means 
only a joint resolution introduced after the date on which the report 
of the President under subsection (b)(1) is received by Congress, the 
matter after the resolving clause of which is as follows: "That the 
Congress approves the obligation and expenditure of funds available 
for fiscal year 1985 for supporting, directly or indirectly, military or 
paramilitary operations in Nicaragua.". 
(2) The report described in subsection (b)(1) shall be referred to the 
appropriate committee or committees of the House of Representa-
tives and to the appropriate committee or committees of the Senate. 
(3) A resolution described in paragraph (1) introduced in the 
House of Representatives shall be referred to the Committee on 
Appropriations of the House of Representatives. A resolution de-
scribed in paragraph (1) introduced in the Senate shall be referred to 
the Committee on Appropriations of the Senate. Such a resolution 
may not be reported before the eighth day after its introduction. 
(4) If the committee to which is referred a resolution described in 
paragraph (1) has not reported such resolution (or an identical 
resolution) at the end of fifteen calendar days after its introduction, 
such committee shall be discharged from further consideration of 
such resolution and such resolution shall be placed on the appropri-
ate calendar of the House involved. 
(5)(A) When the committee to which a resolution is referred has 
reported, or has been deemed to be discharged (under paragraph (4)) 
from further consideration of, a resolution described in paragraph 
(1), notwithstanding any rule or precedent of the Senate, including 
Rule 22, it is at any time thereafter in order (even though a previous 
motion to the same effect has been disagreed to) for any Member of 
the respective House to move to proceed to the consideration of the 
resolution, and all points of order against the resolution (and against 
consideration of the resolution) are waived. The motion is highly 
privileged in the House of Representatives and is privileged in the 
Senate and is not debatable. The motion is not subject to amend-
ment, or to a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the resolution is agreed 
to, the resolution shall remain the unfinished business of the respec-
tive House until disposed of. 
(B) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 
ten hours, which shall be divided equally between those favoring 
and those opposing the resolution. A motion further to limit debate 
is in order and not debatable. An amendment to, or a motion to 
postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in order. A 
motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order. 
(C) Immediately following the conclusion of the debate on a 
resolution described in paragraph (1), and a single quorum call at 
the conclusion of the debate if requested in accordance with the 
rules of the appropriate House, the vote on final passage of the 
resolution shall occur. 
PUBLIC LAW 98-473—OCT. 12,1984 
98 STAT. 1937 
(D) Appeals from the decisions of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as 
the case may be, to the procedure relating to a resolution described 
in paragraph (1) shall be decided without debate. 
(6) If, before the passage by the Senate of a resolution of the 
Senate described in paragraph (1), the Senate receives from the 
House of Representatives a resolution described in paragraph (1), 
then the following procedures shall apply: 
(A) The resolution of the House of Representatives shall not 
be referred to a committee. 
(B) With respect to a resolution described in paragraph (1) of 
the Senate— 
(i) the procedure in the Senate shall be the same as if no 
resolution had been received from the House; but 
(ii) the vote on final passage shall be on the resolution of 
the House. 
(C) Upon disposition of the resolution received from the 
House, it shall no longer be in order to consider the resolution 
originated in the Senate. 
i • 
(7) If the Senate receives from the House of Representatives a 
resolution described in paragraph (1) after the Senate has disposed 
of a Senate originated resolution, the action of the Senate with 
regard to the disposition of the Senate originated resolution shall be 
deemed to be the action of the Senate with regard to the House 
originated resolution. 
(8) This subsection is enacted by Congress— 
(A) as an exercise of the rulemaking power of the Senate and 
House of Representatives, respectively, and as such it is deemed 
a part of the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in that House 
in the case of a resolution described in paragraph (1), and it 
supersedes other rules only to the extent that it is inconsistent 
with such rules; and 
(B) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner and to the same 
extent as in the case of any other rule of that House. 
(d) During fiscal year 1985 funds approved by the resolution Nicaragua. 
described in subsection (b)(2) for the purpose of supporting, directly 
or indirectly, military or paramilitary operations in Nicaragua, 
shall not exceed $14,000,000. 
SEC. 8067, So far as may be practicable, Indian labor shall be Indians. 
employed, and purchases of the products of Indian industry may be 
made in open market in the discretion of the Secretary of 
Defense: Provided, That the products must meet pre-set contract 
specifications. 
SEC. 8068. None of the funds made available by this Act shall be 
used in any way for the leasing to non-Federal agencies in the 
United States aircraft or vehicles owned or operated by the Depart-
ment of Defense when suitable aircraft or vehicles are commercially 
V 
available in the private sector: Provided, That nothing in this 
section shall affect authorized and established procedures for the 
sale of surplus aircraft or vehicles: Provided further, That nothing in 
this section shall prohibit such leasing when specifically authorized 
in a subsequent Act of Congress. 
SEC. 8069. None of the funds made available by this Act shall be Lobbying. 
used in any way, directly or indirectly, to influence congressional 
98 STAT. 1938 
PUBLIC LAW 98-473—OCT. 12, 1984 
Contracts. 
15 use 632. 
41 use 35 note. 
Ft. DeRussy, 
Hawaii. 
action on any legislation or appropriation matters pending before 
the Congress, 
eontracts. 
SEC. 8070. No funds available to the Department of Defense 
during the current fiscal year may be used to enter into any 
contract with a term of eighteen months or more, inclusive of any 
option for contract extension or renewal, for any vessels, aircraft or 
vehicles, through a lease, charter, or similar agreement without 
prior congressional approval of appropriations. Further, any con-
tractual agreement which imposes an estimated termination liabil-
ity (excluding the estimated value of the leased item at the time of 
termination) on the Government exceeding 50 per centum of the 
original purchase value of the vessel, aircraft, or vehicle must have 
specific authority in an appropriation Act for the obligation of 10 
per centum of such termination liability. 
SEC. 8071. None of the funds appropriated by this Act may be 
obligated or expended on a Department of Defense contract for 
commercial or commercial-type products if the solicitation excludes 
any small business concern (ias defined pursuant to section 3 of the 
Small Business Act) that cannot demonstrate that its product is 
accepted in the commercial market (except to the extent that may 
be required to evidence compliance with the Walsh-Healey Public 
Contracts Act). 
SEC. 8072. None of the funds appropriated in this Act may be 
obligated or expended in any way for the purpose of the sale, lease, 
rental, or excessing of any portion of land currently identified as 
Fort DeRussy, Honolulu, Hawaii. 
SEC. 8073. None of the funds made available by this Act shall be 
available to operate in excess of 247 commissaries in the contiguous 
United States. 
SEC. 8074. None of the funds provided in this Act shall be used to 
procure aircraft ejection seats manufactured in any foreign nation 
that does not permit United States manufacturers to compete for 
ejection seat procurement requirements in that foreign nation. This 
limitation shall apply only to ejection seats procured for installation 
on aircraft produced or assembled in the United States. 
SEC. 8075. No more than $197,800,000 of the funds appropriated by 
this Act shall be available for the pajrment of unemplo5mient com-
pensation benefits. 
SEC. 8076. None of the funds appropriated by this Act should be 
obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician in the 
, i 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless such 
individual is also a military member of the Army Reserve troop 
program unit that he or she is employed to support. Those techni-
cians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve. 
SEC. 8077. None of the funds appropriated by this Act may be 
obligated or expended to adjust a base period under section 
1079(hX2) of title 10, United States Code, more frequently than the 
Secretary of Defense considers appropriate. 
10 use 2304 
SEC. 8078. None of the funds hereafter available to the Depart-
note. 
ment of Defense shall be used to adjust any contract price for 
amounts set forth in any shipbuilding claim, request for equitable 
., 
adjustment, or demand for payment incurred due to the prepara-
tion, submission, or adjudication of any such shipbuilding claim. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1939 
request, or demand under a contract entered into after the date of 
enactment of this Act arising out of events occurring more than 
eighteen months prior to the submission of such shipbuilding claim, 
request, or demand. For the purposes of this section, requirement for 
submission of a shipbuilding claim, request, or demand is met only 
when the certification required in section 6(c)(1) of the Contract 
Disputes Act of 1978 and supporting data are provided. 
41 USC 605. 
SEC. 8079. None of the funds appropriated by this Act shall be 
used for the transfer of the Department of Defense Dependents 
Schools (DODDS) to the Department of Education, as prohibited by 
section 1223 of the Department of Defense Authorization Act, 1984. 97 Stat. 692. 
SEC. 8080. No part of the funds appropriated herein shall be 20 USC 3442. 
available for the purchase of more than 50 per centum of the fiscal 
year requirements for aircraft power supply cable assemblies of 
each military facility from industries established pursuant to title 
18, United States Code: Provided, That the restriction contained 
herein shall not apply to small purchases in amounts not exceeding 
$10,000. 
SEC. 8081. None of the funds appropriated by this Act shall be Animals. 
used to purchase dogs or cats or otherwise fund the use of dogs or 
cats for the purpose of training Department of Defense students or 
other personnel in surgical or other medical treatment of wounds 
produced by any type of weapon: Provided, That the standards of 
such training with respect to the treatment of animals shall adhere 
to the Federal Animal Welfare Law and to those prevailing in the 7 USC 2131 note, 
civilian medical community. 
SEC. 8082. None of the funds appropriated by this Act shall be 
obligated under the competitive rate program of the Department of 
Defense for the transportation of household goods to or from Alaska 
and Hawaii. 
SEC. 8083. None of the funds made available by this Act shall be 
used to initiate full-scale engineering development of any major 
defense acquisition program until the Secretary of Defense has 
provided to the Committees on Appropriations of the House and 
Senate— 
(a) a certification that the system or subsystem being devel-
oped will be procured in quantities that are not sufficient to 
warrant development of two or more production sources, or 
(b) a plan for the development of two or more sources for the 
production of the system or subsystem being developed. 
SEC. 8084. None of the funds appropriated by this Act shall be 
available to pay any member of the uniformed service for unused 
accrued leave pursuant to section 501 of title 37, United States Code, 
for more than sixty days of such leave, less the number of days for 
which payment was previously made under section 501 after Febru-
ary 9,1976. 
SEC. 8085. Within the funds made available under title II of this 
Act, the military departments may use such funds as necessary, but 
not to exceed $4,700,000, to carry out the provisions of section 430 of 
title 37, United States Code: Provided, That none of the funds 
appropriated to the Department of Defense for the travel and 
transportation of dependent students of military personnel stationed 
overseas shall be obligated for a transportation allowance for travel 
within or between the contiguous United States. 
SEC. 8086. Within funds available under title II of this Act, but not 
to exceed $100,000, and under such regulations as the Secretary of 
Defense may prescribe, the Department of Defense may, in addition 
98 STAT. 1940 
PUBLIC LAW 98-473—OCT. 12, 1984 
Nuclear 
weapons. 
Civil Air Patrol. 
China Lake 
Naval Weapons 
Center. 
Brooklyn Naval 
Shipyard. 
to allowances currently available, make payments for travel and 
transportation expenses of the surviving spouse, children, parents, 
and brothers and sisters of any member of the Armed Forces of the 
United States, who dies as the result of an injury or disease incurred 
in line of duty to attend the funeral of such member in any case in 
which the funeral of such member is more than two hundred miles 
from the residence of the surviving spouse, children, parents or 
brothers and sisters, if such spouse, children, parents or brothers 
and sisters, as the case may be, are financially unable to pay their 
own travel and transportation expenses to attend the funeral of 
such member. 
SEC. 8087. Notwithstanding any other provision of this Act, no 
funds appropriated by this Act shall be expended for the research, 
development, test, evaluation or procurement for integration of a 
nuclear warhead into the Joint Tactical Missile System (JTACMS). 
SEC. 8088. None of the funds available to the Department of 
Defense may be used for the floating storage of petroleum or 
petroleum products except in vessels of or belonging to the United 
States. 
SEC. 8089. Of the funds made available to the Department of the 
Air Force in this Act, not less than $3,000,000 shall be available for 
the Civil Air Patrol. 
SEC. 8090. Funds appropriated by this Act may be used by the 
Department of the Navy for the use of helicopters and motorized 
equipment at China Lake Naval Weapons Center for removal of 
feral burros and horses. 
SEC. 8091. On or after June 30, 1985, none of the funds appropri-
ated by this Act shall be available to execute an agreement for 
continuation pay authorized under section 311 of title 37, United 
States Code, with an officer of the Army or Navy in the Dental 
Corps or an officer of the Air Force designated as a dental officer 
who is serving in a dental specialty which is manned in excess of 95 
per centum of the authorized strength for that specialty: Provided, 
That an agreement for such continuation pay may be executed with 
such an officer if the agreement provides that such officer will 
receive only 50 per centum of the amount of the continuation pay to 
which the officer would otherwise be entitled under section 311 of 
title 37: Provided further, That the foregoing limitation shall cease 
to be applicable upon the enactment of legislation repealing or 
amending the continuation pay provisions currently authorized by 
section 311 of title 37. 
(TRANSFER OF FUNDS) 
SEC. 8092. Not to exceed $100,000,000 may be transferred from the 
appropriation "Operation and Maintenance, Defense Agencies" to 
operation and maintenance appropriations under the military de-
partments in connection with demonstration projects authorized by 
section 1092 of title 10, United States Code: Provided, That the 
Secretary of Defense shall promptly notify the Congress of any such 
transfer of funds under this provision: Provided further, That the 
authority to make transfers pursuant to this section is in addition to 
the authority to make transfers under other provisions of this Act. 
SEC. 8093. The eleven sets of excess Navy quarters and related 
facilities on a six-acre site at the former Brooklyn Naval Shipyard 
shall be transferred at no cost to the Secretary of the Army for use 
by the Army National Guard. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1941 
SEC. 8094. None of the funds available for Defense installations in 
Europe shall be used for the consolidation or conversion of heating 
facilities to district heating distribution systems in Europe: Pro-
vided, That those facilities identified by the Department of the 
Army as of September 24, 1984, as being in advanced stages of 
negotiations shall be exempt from such provision upon written 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate from the Department justifying the 
conversion for each facility. 
SEC. 8095. Section 7309(a) of title 10, United States Code, is 
amended— 
(1) by inserting "and no vessel of any other military depart-
ment," after "no naval vessel,"; and 
(2) by striking out "a naval" and inserting in lieu thereof 
"any such". 
SEC. 8096. It is the sense of the Congress that the Secretary of 
Defense should formulate and carry out a program under which 
contracts awarded by the Department of Defense in fiscal year 1985 
would, to the maximum extent practicable and consistent with 
existing law, be awarded to contractors who agree to carry out such 
contracts in labor surplus areas (as defined and identified by the 
Department of Labor). 
SEC. 8097. None of the funds appropriated or otherwise made 
available under this Act may be available for any country during 
any three-month period beginning on or after November 1, 1983, 
immediately following a certification by the President to the Con-
gress that the government of such country is failing to take 
adequate measures to prevent narcotic drugs or other controlled 
substances (as listed in the schedules in section 202 of the Compre-
hensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 
812)), which are cultivated, produced, or processed illicitly, in whole 
or in part, in such country, or transported through such country 
from being sold illegally within the jurisdiction of such country to 
United States Government personnel or their dependents or from 
entering the United States unlawfully. 
SEC. 8098. It is the sense of the Congress that competition, which 
is necessary to enhance innovation, effectiveness, and efficiency, and 
which has served our Nation so well in other spheres of political and 
economic endeavor, should be expanded and increased in the provi-
sion of our national defense. 
SEC, 8099. None of the funds available to the Department of 
Defense shall be obligated or expended to contract out any activity 
currently performed by the Defense Personnel Support Center in 
Philadelphia, Pennsylvania: Provided, That this provision shall not 
apply after notification to the Committees on Appropriations of the 
House of Representatives and the Senate of the results of the cost 
analysis of contracting out any such activity. 
SEC. 8100. (a) Notwithstanding any other provision of law, none of 
the funds appropriated or made available in this or any other Act 
may be obligated or expended to test against an object in space the 
miniature homing vehicle (MHV) anti-satellite warhead launched 
from an F-15 aircraft unless the President determines and certifies 
to Congress— 
(1) that the United States is endeavoring, in good faith, to 
negotiate with the Soviet Union a mutual and verifiable agree-
ment with the strictest possible limitations on anti-satellite 
Drugs and 
drug abuse. 
Anti-satellite 
weapons. 
President of U.S. 
10 u s e 139 note. 
98 STAT. 1942 
PUBLIC LAW 98-473—OCT. 12, 1984 
weapons consistent with the national security interests of the 
United States; 
(2) that, pending agreement on such strict limitations, testing 
against objects in space of the F-15 launched miniature homing 
vehicle anti-satellite warhead by the United States is necessary 
to avert clear and irrevocable harm to the national security; 
(3) that such testing would not constitute an irreversible step 
that would gravely impair prospects for negotiations on anti-
satellite weapons; and 
(4) that such testing is fully consistent with the rights and 
obligations of the United States under the Anti-Ballistic Missile 
23 UST 3435. 
Treaty of 1972 as those rights and obligations exist at the time 
of such testing. 
(b) During fiscal year 1985, funds appropriated for the purpose of 
testing the F-15 launched miniature homing vehicle anti-satellite 
warhead may not be used to conduct more than three tests of that 
warhead against objects in space. 
(c) The limitation on the expenditure of funds provided by subsec-
tion (a) of this section shall cease to apply fifteen calendar days after 
the date of the receipt by Congress of the certification referred to in 
subsection (a) or March 1,1985, whichever occurs later. 
Central 
SEC. 8101. (a) The Congress makes the following findings: 
American 
(1) fhe President has stated that there is no need to introduce 
50 use 1541 
United States Armed Forces into Central America for combat 
note. 
^^d that he has no intention of doing so. 
(2) The President of El Salvador has stated that there is no 
need for United States Armed Forces to conduct combat oper-
ations in El Salvador and that he has no intention of asking 
that they do so. 
(3) The possibility of the introduction of United States Armed 
Forces into Central America for combat raises very grave con-
cern in the Congress and the American people. 
(b) It is the sense of Congress that— 
(1) United States Armed Forces should not be introduced into 
or over the countries of Central America for combat; and 
(2) if circumstances change from those present on the date of 
the enactment of this Act and the President believes that those 
changed circumstances require the introduction of United 
States Armed Forces into or over a country of Central America 
for combat, the President should consult with Congress before 
any decision to so introduce United States Armed Forces and 
any such introduction of United States Armed Forces must 
50 use 1541 
comply with the War Powers Resolution. 
note. 
SEC. 8102. None of the funds appropriated by this Act shall be 
available to compensate foreign selling costs as described in Federal 
48CFR 
Acquisition Regulation 31.205-38(b) as in effect on April 1, 1984. 
31.205-38. 
SEC. 8103. Of the funds appropriated for the operation and mainte-
nance of the Armed Forces, obligations may be incurred for huniani-
tarian and civic assistance costs incidental to authorized operations, 
and these obligations shall be reported to Congress on September 30, 
1985: Provided, That funds available for operation and maintenance 
shall be available for providing humanitarian and similar assistance 
in the Trust Territories of the Pacific Islands by using Civic Action 
Teams. 
10 use 139 
SEC. 8104. It is the sense of the Congress that—(a) the President 
note. 
shall inform and make every effort to consult with other member 
nations of the North Atlantic Treaty Organization, Japan, and other 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1943 
North Atlantic 
Treaty 
Organization. 
Japan. 
22 u s e 1928 
note. 
Lexington-Blvie 
Grass Army 
Depot. 
appropriate allies concerning the research being conducted in the 
Strategic Defense Initiative program, (b) The Secretary of Defense, Report, 
in coordination with the Secretary of State and the Director of the 
Arms Control and Disarmament Agency, shall at the time of the 
submission of the annual budget presentation materials for each 
fiscal year beginning after September 30, 1984, report to the Com-
mittees on Appropriations, Armed Services, and Foreign Relations 
of the Senate and the Committees on Appropriations, Armed Serv-
ices, and Foreign Affairs of the House of Representatives on the 
status of the consultations referred to under subsection (a). 
SEC. 8105. It is the sense of Congress that the President should 
insist that the pertinent member nations of the North Atlantic 
Treaty Organization meet or exceed their pledges for an annual 
increase in defense spending during fiscal years 1984 and 1985 of at 
least 3 per centum real growth and should insist that Japan further 
increase its defense spending during fiscal years 1984 and 1985 in 
furtherance of increased unity, equitable sharing of our common 
defense burden, and international stability. 
SEC. 8106. Notwithstanding any other provision of law, the Secre-
taries of the Army and Air Force may authorize the retention in an 
active status until age sixty of any officer who would otherwise be 
removed from an active status and who is employed as a National 
Guard or Reserve technician in a position in which active status in a 
reserve component of the Army or Air Force is required as a 
condition of that employment. 
SEC. 8107. None of the funds available to the Department of 
Defense may be used to transport any chemical munitions into 
the Lexington-Blue Grass Army Depot for purposes of future 
demilitarization. 
SEC. 8108. Notwithstanding any other provision of law, including 
any amendments to section 405 of title 37, United States Code, 
enacted into law between September 26, 1984, and November 25, 
1984, a station housing allowance ("rent plus") may be prescribed 
for a member of the uniformed services on duty in Alaska or Hawaii 
pursuant to the provisions of section 405 of title 37, United States 
Code, in effect on September 1, 1984: Provided, That a member of 
the uniformed services on duty in Alaska or Hawaii who receives 
such allowance shall not be entitled to a variable housing allowance. 
SEC. 8109. Notwithstanding any other provision of law, in addition 
to the contracts authorized by paragraph (7) of section 2828(g) of title 
10, United States Code, and section 806 of Public Law 98-407, the 
Secretary of the Army may enter into contracts for not more than 
one thousand two hundred family housing units at Fort Drum, New 
York; Fort Wainwright, Alaska; and Fort Benning, Georgia; if the 
contracts are necessary in order to provide sufficient family housing 
to accommodate the restationing of the light infantry divisions. 
SEC. 8110. Notwithstanding any other provision of law, none of the 
funds appropriated in title II of this Act shall be available to meet 
the unforeseen and contingent requirement of the unified and speci-
fied commands of the Armed Forces: Provided, That this provision 
shall not apply to unforeseen and contingent requirements of the 
unified and specified commands of the Armed Forces which may be 
funded under the terms and conditions of this bill governing title II 
obligations and expenditures. 
SEC. 8111. None of the funds appropriated by this Act may be 
obligated or expended for the purposes delineated in section 
1002(eX2)(A) of the Department of Defense Authorization Act, 1985, Post, P- 2574. 
Contracts. 
Fort Drum, N .Y. 
Fort 
Wainwright, 
Alaska. 
Fort Benning, 
Ga. 
Ante, p. 1521. 
98 STAT. 1944 
PUBLIC LAW 98-473—OCT. 12, 1984 
Report. 
37 u s e 404 note. 
Study. 
Report. 
Department of 
Defense 
Appropriations 
Act, 1985. 
Post, p. 1945. 
without the prior notification to the Committees on Appropriations 
of the House of Representatives and the Senate. 
SEC. 8112. (a) Notwithstanding any other provision of this joint 
resolution, of the total amount appropriated by this joint resolution, 
or any other Act appropriating funds for the Department of Defense 
for fiscal year 1985, for programs and activities subject to the 
reporting requirements of the Federal Procurement Data System 
Individual Contract Action Report (SF-279), an amount not less 
than $1,000,000,000 may not be apportioned or utilized for the costs 
of consultants, studies, analyses, management support services or 
other advisory and assistance services which are included in such 
reported programs and activities. 
(b) Not later than September 1, 1985, the Secretary of Defense 
shall submit a report to the Congress indicating the manner in 
which compliance with subsection (a) has been achieved. 
SEC. 8113. The Secretaries concerned (as defined in section 101(5) 
of title 37, United States Code), under uniform regulations pre-
scribed by them and to the extent that funds are available within 
the permanent change of station travel account, may increase the 
rate per mile for mileage allowance under section 404(d)(2) of title 
37, United States Code, to 15 cents per mile. 
SEC. 8114, (a) The Secretary of Defense shall provide for an 
objective study to supplement and update the report entitled "Mili-
tary Spouse and Family Issues, Europe, 1982." 
(b) The study shall include within its scope all areas in which 
members of the uniformed services are assigned to permanent duty 
stations and to which the dependents of members of the uniformed 
services are permitted to travel at Government expense. 
(c) The Secretary shall select an independent organization to 
conduct the study referred to in subsection (a) with such administra-
tive support and technical advice as may be necessary for such 
organization to carry out the study. Such support and advice may be 
provided by the Secretary on an in-house basis and to reduce 
contractual expenditures to include collating, tabulating, computer, 
word processor, printing, and similar routine services. 
(d) A report containing the results of the study carried out under 
this section shall be submitted to the Committees on Appropriations 
and Armed Services of the Senate and the House of Representatives 
not later than May 1,1985. 
(e) For the purpose of contracting out the study called for by this 
section, the Secretary of Defense may utilize not more than $250,000 
out of any funds available to the Department of Defense. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1985". 
(i) Such amounts as may be necessary for projects or activities 
provided for in the Department of Transportation and Related 
Agencies Appropriations Act, 1985, at a rate for operations and to 
the extent in the following Act; this subsection shall be effective as 
if it had been enacted into law.as the regular appropriation Act: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1945 
Department of 
Transportation 
and Related 
Agencies 
Appropriation 
Act, 1985. 
AN ACT 
Making appropriations for the Departrnent of Transportation and related agencies 
for the fiscal year ending September 30,1985, and for other purposes. 
TITLE I~DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary of Transpor-
tation, including not to exceed $36,500 for allocation within the 
Department of official reception and representation expenses as the 
Secretary may determine, $50,000,000, of which $4,000,000 shall 
remain available until expended and shall be available for the 
purposes of the Minority Business Resource Center as authorized by 
49 U.S.C. 332: Provided, That, notwithstanding any other provision 
of law, funds available for the purposes of the Minority Business 
Resource Center in this or any other Act, may be used for business 
opportunities related to any mode of transportation. 
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT 
For necessary expenses for conducting transportation planning, 
research, and development activities, including the collection of 
national transportation statistics, and university research and in-
ternships, to remain available until expended, $5,700,000: Provided, 
That the Secretary is directed to make simultaneous competitive 
study awards for the Phase I proposals, as submitted by the two 
technically qualified finalists in the competition to perform a meth-
ane conversion study, as authorized by section 152 of the Surface 
Transportation Assistance Act of 1982. 
LIMITATION ON WORKING CAPITAL FUND 
Necessary expenses for operating costs and capital outlays of the 
Department of Transportation Working Capital Fund not to exceed 
$65,500,000 shall be paid, in accordance with law, from appropria-
tions made available by this Act and prior appropriation Acts to the 
Department of Transportation, together with advances and reim- 
^ 
bursements received by the Department of Transportation. 
COASTGUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase of not to exceed 
eight p£issenger motor vehicles for replacement only; and recreation 
and welfare, $1,740,000,000, of which $202,861 shall be applied to 
Capehart Housing debt reduction: Provided, That the number of 14 use 92 note. 
aircraft on hand at any one time shall not exceed two hundred and 
ten exclusive of planes and parts stored to meet future attrition: 
Provided further. That none of the funds appropriated in this or any 
other Act sheill be available for pay or administrative expenses in 
connection with shipping commissioners in the United States: Pro-
23 u s e 307 note. 
98 STAT. 1946 
PUBLIC LAW 98-473—OCT. 12, 1984 
vided further, That none of the funds provided in this Act shall be 
available for expenses incurred for yacht documentation under 46 
U.S.C. 103 except to the extent fees are collected from yacht owners 
and credited to this appropriation. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; to remain available 
10 use 2304 
until September 30,1989, $344,500,000: Provided, That the Secretary 
note. 
of Transportation shall issue regulations requiring that written 
warranties shall be included in all contracts with prime contractors 
for major systems acquisitions of the Coast Guard: Provided further. 
That any such written warranty shall not apply in the case of any 
system or component thereof which has been furnished by the 
Government to a contractor: Provided further. That the Secretary of 
Transportation may provide for a waiver of the requirements for a 
warranty where: (1) the waiver is necessary in the interest of the 
national defense or the warranty would not be cost effective; and (2) 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified in writing of the Secretary's intention 
to waive and reasons for waiving such requirements: Provided fur-
ther. That the requirements for such written warranties shall not 
cover combat damage. 
ALTERATION OP BRIDGES 
For necessary expenses for alteration or removal of obstructive 
bridges, $5,200,000, to remain available until expended. 
RETIRED PAY 
For retired pay including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, and 
payments under the Retired Serviceman's Family Protection and 
Survivor Benefit Plans, and for payments for medical care of retired 
personnel and their dependents under the Dependents Medical Care 
10 use 1071 e
< 
Act (10 U.S.C, ch. 55), $330,800,000. 
seq. 
RESERVE TRAINING 
For all necessary expenses for the Coast Guard Reserve, as au-
thorized by law; maintenance and operation of facilities; and sup-
plies, equipment, and services, $58,833,000. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses, not otherwise provided for, for basic and 
applied scientific research, development, test, and evaluation; main-
tenance, rehabilitation, lease, and operation of facilities and equip-
ment, as authorized by law, $23,000,000, to remain available until 
expended: Provided, That there may be credited to this appropria-
tion funds received from State and local governments, other public 
authorities, private sources and foreign countries for expenses in-
curred for research, development, testing, and evaluation. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1947 
OFFSHORE OIL POLLUTION COMPENSATION FUND 
For necessary expenses to carry out the provisions of title III of 
the Outer Continental Shelf Lands Act Amendments of 1978 (Public 
Law 95-372), $1,000,000, to be derived from the Offshore Oil PoUu- 43 use 1811. 
tion Compensation Fund and to remain available until expended. In 
addition, to the extent that available appropriations are not ade-
quate to meet the obligations of the Fund, the Secretary of Trans-
portation is authorized to issue to the Secretary of the Treasury 
notes or other obligations in such amounts and at such times as may 
be necessary: Provided, That none of the funds in this Act shall be 
available for the implementation or execution of programs the 
obligations for which are in excess of $60,000,000 in fiscal year 1985 
for the "Offshore Oil Pollution Compensation Fund". 
DEEPWATER PORT LIABIUTY FUND 
For necessary expenses to carry out the provisions of section 18 of 
the Deepwater Port Act of 1974 (Public Law 93-627), $1,000,000, to 33 use 1517. 
be derived from the Deepwater Port Liability Fund and to remain 
available until expended. In addition, to the extent that available 33 use I5i7a. 
appropriations are not adequate to meet the obligations of the Fund, 
the Secretary of Transportation is authorized to issue, and the 
Secretary of the Treasury is authorized to purchase, without fiscal 
year limitation, notes or other obligations in such amounts and at 
such times as may be necessary: Provided, That none of the funds in 
this Act shall be available for the implementation or execution of 
programs, the obligations for which are in excess of $50,000,000 in 
fiscal year 1985 for the "Deepwater Port Liability Fund". 
NATIONAL RECREATIONAL BOATING SAFETY AND FACIUTIES 
IMPROVEMENT FUND 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
For payment of obligations incurred for recreational boating 
safety assistance under Public Law 92-75, as amended, $13,625,000, 46 use 1451 
to be derived from the National Recreational Boating Safety and note. 
Facilities Improvement Fund and to remain available until 
expended: Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs, the obligations 
for which are in excess of $13,750,000 in fiscal year 1985 for recre-
ational boating safety assistance: Provided further. That no obliga-
tions may be incurred for the improvement of recreational boating 
facilities. 
FEDERAL AVIATION ADMINISTRATION 
HEADQUARTERS ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses, not otherwise provided for, of providing 
administrative services at the headquarters location of the Federal 
Aviation Administration, including but not limited to accounting, 
budgeting, personnel, legal, public affairs, and executive direction 
for the Federal Aviation Administration, $66,900,000: Provided, 
That the Secretary of Transportation is authorized to transfer ap-
98 STAT. 1948 
PUBLIC LAW 98-473—OCT. 12, 1984 
propriated funds between this appropriation and the Federal Avia-
tion Administration appropriation for Operations: Provided further. 
That this appropriation shall be neither increased nor decreased by 
more than 7.5 per centum by any such transfers: Provided further, 
That any such transfers shall be reported to the Committees on 
Appropriations. 
OPERATIONS 
For necessary expenses of the Federal Aviation Administration, 
not otherwise provided for, including administrative expenses for 
research and development, and for establishment of air navigation 
facilities, and carrying out the provisions of the Airport and Airway 
49 use app. 1701 Development Act, as amended, or other provisions of law authoriz-
^^^- 
ing obligation of funds for similar programs of airport and airway 
development or improvement; purchase of four passenger motor 
vehicles for replacement only and purchase and repair of skis and 
snowshoes, $2,622,600,000, of which not to exceed $1,110,000,000 
shall be derived from the Airport and Airway Trust Fund, notwith-
standing any other provision of law: Provided, That there may be 
credited to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources, for 
expenses incurred in the maintenance and operation of air naviga-
tion facilities: Provided further. That none of these funds shall be 
available for new applicants for the second career training program. 
FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for acquisi-
tion, establishment, and improvement by contract or purchase, and 
hire of air navigation and experimental facilities, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing including construction of test facilities and acquisi-
tion of necessary sites by lease or grant; construction and furnishing 
of quarters and related accommodations of officers and employees of 
the Federal Aviation Administration stationed at remote localities 
where such accommodations are not available, and the lease or 
purchase of one aircraft; to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 1989, 
$1,370,000,000: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipalities, other 
public authorities, and private sources, for expenses incurred in the 
establishment and modernization of air navigation facilities: Pro-
vided further. That of the funds available under this heading, 
$5,000,000 shall be available for the Secretary of Transportation to 
enter into grant agreements with universities or colleges to conduct 
demonstration projects in the development, advancement, or expan-
sion of an airway science curriculum and such money, which shall 
remain available until expended, shall be made available under 
such terms and conditions as the Secretary of Transporation may 
prescribe, to such universities or colleges for the purchase or lease of 
buildings and Eissociated facilities, instructional materials, or equip-
ment to be used in conjunction with the airway science curriculum. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1949 
RESEARCH, ENGINEERING AND DEVELOPMENT (AIRPORT AND AIRWAY 
TRUST FUND) 
For necessary expenses, not otherwise provided for, for research, 
engineering, and development, in accordance with the provisions of 
the Federal Aviation Act (49 U.S.C. 1301-1542), including construc-
tion of experimental facilities and acquisition of necessary sites by 
lease or grant, $265,000,000 to be derived from the Airport and 
Airway Trust Fund and to remain available until expended: Pro-
vided, That there may be credited to this appropriation funds 
received from States, counties, municipalities, other public authori-
ties, and private sources, for expenses incurred for research, engi-
neering and development. 
GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT 
AUTHORIZATION) (AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for airport planning and 
development under section 14 of Public Law 91-258, as amended, 49 use app. 
and under other law authorizing such obligations, and obligations I'^i^. 
for noise compatibility planning and programs, $810,000,000, to be 
derived from the Airport and Airway Trust Fund and to remain 
available until expended: Provided, That none of the funds in this 
Act shall be available for the planning or execution of programs the 
commitments for which are in excess of $925,000,000 in fiscal year 
1985 for grants-in-aid for airport planning and development, and 
noise planning and programs, notwithstanding section 506(e)(4) of 
the Airport and Airway Improvement Act of 1982. 
49 use app. 
2205. 
OPERATION AND MAINTENANCE, METROPOUTAN WASHINGTON 
AIRPORTS 
For expenses incident to the care, operation, maintenance, im-
provement, and protection of the federally owned civil airports in 
the vicinity of the District of Columbia, including purchase of ten 
passenger motor vehicles for police use, for replacement only; pur-
chase, cleaning, and repair of uniforms; and arms and ammunition, 
$35,931,500: Provided, That there may be credited to this appropria-
tion funds received from air carriers, concessionaires, and non-
Federal tenants sufficient to cover utility and fuel costs which are in 
excess of $6,970,000: Provided further. That there may be credited to 
this appropriation funds received from States, counties, municipali-
ties, other public authorities, or private sources, for expenses in-
curred in the maintenance and operation of the federally owned 
civil airports. 
CONSTRUCTION, METROPOLITAN WASHINGTON AIRPORTS 
For necessary expenses for construction at the federally owned 
civil airports in the vicinity of the District of Columbia, $13,000,000, 
to remain available until September 30,1987, 
AVIATION INSURANCE REVOLVING FUND 
The Secretary of Transportation is hereby authorized to make 
such expenditures and investments, within the limits of fun^ avail-
able pursuant to section 1306 of the Act of August 23, 1958, as 
amended (49 U.S.C. 1536), and in accordance with section 104 of the 
98 STAT. 1950 
PUBLIC LAW 98-473—OCT. 12, 1984 
Government Corporation Control Act, as amended (31 U.S.C. 9104), 
as may be necessary in carrying out the programs set forth in the 
budget for the current fiscal year for aviation insurance activities 
under said Act. 
AIRCRAFT PURCHASE LOAN GUARANTEE PROGRAM 
49 use app. 1324 
The Secretary of Transportation may hereafter issue notes or 
note. 
other obligations to the Secretary of the Treasury, in such forms and 
denominations, bearing such maturities, and subject to such terms 
and conditions as the Secretary of the Treasury may prescribe. Such 
obligations may be issued to pay any necessary expenses required 
pursuant to any guarantee issued under the Act of September 7, 
49 use app. 1324 1957, Public Law 85-307, as amended (49 U.S.C. 1324 note). The 
n°**- 
aggregate amount of such obligations during fiscal year 1985 shall 
not exceed $125,000,000. Such obligations shall be redeemed by the 
Secretary from appropriations authorized by this action. The Secre-
tary of the Treasury shall purchase any such obligations, and for 
such purpose he may use as a public debt transaction the proceeds 
from the sale of any securities issued under the Second Liberty Bond 
40 Stat. 288. 
Act, as now or hereafter in force. The purposes for which securities 
may be issued under such Act are extended to include any purchase 
of notes or other obligations issued under the subsection. The Secre-
tary of the Treasury may sell any such obligations at such times and 
price and upon such terms and conditions as he shall determine in 
his discretion. All purchase, redemptions, and sales of such obliga-
tions by such Secretary shall be treated as public debt transactions 
of the United States. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON GENERAL OPERATING EXPENSES 
Necessary expenses for administration, operation, and research of 
the Federal Highway Administration, not to exceed $204,891,000, 
shall be paid, in accordance with law, from appropriations made 
available by this Act to the Federal Highway Administration 
together with advances and reimbursements received by the 
Federal Highway Administration: Provided, That not to exceed 
$57,750,000 of the amount provided herein shall remain available 
until expended: Provided further, That, of the funds available under 
this limitation, $5,000,000 shall be made available only for the 
establishment and implementation of a Demonstration Bonding 
Program for economically and socially disadvantaged businesses: 
Provided further. That, notwithstanding any other provision of law, 
there may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities and private 
sources, for training expenses incurred for non-Federal employees. 
HIGHWAY SAFETY RESEARCH AND DEVELOPMENT 
For necessary expenses in carrying out provisions of sections 
307(a) and 403 of title 23, United States Code, to be derived from the 
Highway Trust Fund and to remain available until expended, 
$8,500,000. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1951 
HIGHWAY-RELATED SAFETY GRANTS (LIQUIDATION OF CONTRACT 
AUTHORIZATION) (TRUST FUND) 
For payment of obligations incurrred in carrying out the provi-
sions of title 23, United States Code, section 402, administered by the 
Federal Highway Administration, to remain available until ex-
pended, $5,000,000 to be derived from the Highway Trust Fund: 
Provided, That not to exceed $100,000 of the amount appropriated 
herein shall be available for "Limitation on general operating ex-
penses": Provided further, That none of the funds in this Act shall 
be available for the planning or execution of programs, the obliga-
tions for which are in excess of $10,000,000 in fiscal year 1985 for 
"Highway-related safety grants". 
RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS 
For necessary expenses of certain railroad-highway crossings 
demonstration projects as authorized by section 163 of the Federal-
Aid Highway Act of 1973, as amended, to remain available until 
23 use 130 note. 
expended, $15,000,000, of which $10,000,000 shall be derived from 
the Highway Trust Fund. 
INTERMODAL URBAN DEMONSTRATION PROJECT 
For necessary expenses to carry out the provisions of section 124 
of the Federal-Aid Highway Amendments of 1974, $2,750,000, to be 
88 Stat. 2290. 
derived from the Highway Trust Fund and to remain available until 
September 30,1987. 
AUTO-PEDESTRIAN SEPARATION DEMONSTRATION PROJECT 
For necessary expenses to carry out a demonstration project in 
Fargo, North Dakota, which demonstrates a cost-effective method 
for enhancing pedestrian safety, $1,750,000, to remain available 
until expended. 
FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT 
AUTHORIZATION) (TRUST FUND) 
For carrying out the provisions of title 23, United States Code, 
which are attributable to Federal-aid highways, including the Na-
tional Scenic and Recreational Highway as authorized by 23 U.S.C. 
148, not otherwise provided, including reimbursements for sums 
expended 
pursuant 
to 
the 
provisions 
of 
23 
U.S.C. 308, 
$12,800,000,000 or so much thereof as may be available in and 
derived from the Highway Trust Fund, to remain available until 
expended: Provided, That none of the funds in this Act shall be 
23 USC104 note, 
available for the implementation or execution of programs the 
obligations for which are in excess of $13,250,000,000 for Federal-aid 
highways and highway safety construction programs for fiscal year 
1985, except that this limitation shall not apply to obligations for 
emergency relief under section 125 of title 23, United States Code, 
obligations under section 157 of title 23, United States Code, projects 
covered under section 147 of the Surface Transportation Assistance 
Act of 1978, section 9 of the Federal-Aid Highway Act of 1981, 46 use 144 note, 
subsections 131 (b) and 0
*
) of Public Law 97-424, section 118 of the 
95 Stat. 1701. 
National Visitors Center Facilities Act of 1968, section 320 of title 
^g g|J- l\f-
98 STAT. 1952 
PUBLIC LAW 98-473—OCT. 12, 1984 
23, United States Code, or completion of the Zilwaukee Bridge 
required because of construction failure. 
RIGHT-OF-WAY REVOLVING FUND (LIMITATION ON DIRECT LOANS) 
(TRUST FUND) 
During fiscal year 1985 and with the resources and authority 
available, gross obligations for the principal amount of direct loans 
shall not exceed $50,000,000. 
MOTOR CARRIER SAFETY 
For necessary expenses to carry out motor carrier safety functions 
of the Secretary, as authorized by the Department of Transportation 
49 use app. 1651 Act (80 Stat. 939-940), $14,066,000, of which $1,162,000 shall remain 
note. 
available until expended, and not to exceed $1,601,()00 shall be 
available for "Limitation on general operating expenses". 
MOTOR CARRIER SAFETY GRANTS 
For necessary expenses to carry out the provisions of section 402 
49 use app. 
of Public Law 97-424, $14,000,000, to be derived from the Highway 
2302. 
Trust Fund and to remain available until September 30, 1988. 
ACCESS HIGHWAYS TO PUBUC RECREATION AREAS ON CERTAIN LAKES 
For necessary expenses of certain Access Highway Projects, as 
authorized by section 155, title 23, United States Code, $5,000,000. 
WASTE ISOLATION PILOT PROJECT ROADS 
For necessary expenses in connection with the uj^ading of cer-
tain highways for the transportation of nuclear waste generated 
during defense-related activities, not otherwise provided for, 
$16,400,000 to remain available until expended. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATION AND RESEARCH 
For expenses necessary to discharge the functions of the Secretary 
with respect to traffic and highway safety and functions under the 
Motor Vehicle Information and Cost Savings Act (Public Law 
15 use 1901 
92-513, as amended), $82,350,000, of which $23,831,000 shall be 
note. 
derived from the Highway Trust Fund: Provided, That not to exceed 
$34,128,000 shall remain available until expended, of which 
$10,000,000 shall be derived from the Highway Trust Fund. 
HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT 
AUTHORIZATION) (TRUST FUND) 
(INCLUDING TRANSFERS OF UNEXPENDED BALANCES) 
For payment of obligations incurred in carrying out the provisions 
23 use 401 note, of 23 U.S.C. 402, 406 and 408, and section 209 of Public Law 95-599, 
as amended, to remain available until expended, $125,000,000, to be 
derived from the Highway Trust Fund: Provided, That none of the 
funds in this Act shall be available for the planning or execution of 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1953 
programs, the total obligations for which are in excess of 
$100,000,000 in fiscal year 1985 for "State and community highway 
safety" authorized under 23 U.S.C. 402: Provided further. That none 
of these funds shall be used for construction, rehabilitation or 
remodeling costs or for office furnishings and fixtures for State, 
local, or private buildings or structures: Provided further, That none 
of the funds in this Act shall be available for the planning or 
execution of programs, the total obligations for which are in excess 
of $50,000,000 for "Alcohol safety incentive grants" authorized 
^ - ' 
under 23 U.S.C. 408: Provided further. That none of the funds in this 
Act shall be available for the planning or execution of programs 
authorized by section 209 of Public Law 95-599, as amended, the 23 use 40i note. 
total obligations for which are in excess of $5,000,000 in fiscal years 
1983,1984, and 1985: Provided further. That not to exceed $4,900,000 
shall be available for administering the provisions of 23 U.S.C. 402: 
Provided further. That, for fiscal year 1985, no State shall obligate 
less than 8 per centum of the amount distributed to such State for 
State and Community Highway Safety grants authorized under 23 
U.S.C. 402 for the purposes of developing and implementing compre- 
-
hensive programs approved by the Secretary of Transportation 
concerning the use of child restraint systems in motor vehicles: 
Provided further. That the unexpended balances of the appropria-
tions "State and Community Highway Safety" and "Miscellaneous 
Safety Programs" exclusive of the General Fund amounts appropri-
ated to cover unexpended Territorial obligations and unexpended 
Transportation Systems Management obligations shall be trans-
ferred to this appropriation and remain available until expended. 
^"^ TSJ ; 
FEDERAL RAILROAD ADMINISTRATION 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Federal Railroad Administration, 
not otherwise provided for, $10,700,000. 
'^ 
RAILROAD SAFETY 
For necessary expenses in connection with railroad safety, not 
otherwise provided for, $26,061,000. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and development, 
$15,525,000, to remain available until expended. 
RAIL SERVICE ASSISTANCE 
For necessary expenses for rail service assistance authorized by 
section 5 of the Department of Transportation Act, as amended, for 49 use app. 
Washington Union Station, as authorized by Public Law 97-125, and 1654. 
for necessary administrative expenses in connection with Federal ^^ ^^ ^^^ "
'
^
*
® 
rail assistance programs not otherwise provided for, to remain 
available until expended, $23,200,000: Provided, That none of the 
funds provided under this Act shall be available for the planning or 
execution of a program making commitments to guarantee new 
loans under the Emergency Rail Services Act of 1970, as amended, 45 use 661 note. 
and that no new commitments to guarantee loans under section 
98 STAT. 1954 
PUBLIC LAW 98-473—OCT. 12, 1984 
45 use 721. 
211(a) or 211(h) of the Regional Rail Reorganization Act of 1973, as 
amended, shall be made: Provided further, That none of the funds in 
this Act shall be available for the acquisition, sale or transference of 
Washington Union Station without the prior approval of the House 
and Senate Committees on Appropriations: Provided further, That, 
of the funds available under this head, $15,000,000 shall be available 
for allocation to the States under section 5(h)(2) of the Department 
49 use app. 
of Transportation Act, as amended: Provided further. 
That, notwith-
^^^^- 
standing any other provision of law, a State may not apply for fiscal 
year 1985 funds available under section 5(h)(2) until such State has 
expended all funds granted to it in the fiscal years prior to the 
beginning of fiscal year 1980, other than funds not expended due to 
pending litigation: Provided further. That a State denied funding by 
reason of the immediately preceding proviso may still apply for and 
receive funds for planning purposes: Provided further. That, not-
withstanding any other provision of law, of the funds available 
under section 5(h)(2), $10,000,000 shall be made available for use 
under sections 5(h)(3)(B)(ii) and 5(h)(3)(C) of the Department of 
Transportation Act, as amended, nothwithstanding the limitations 
set forth in section 5(h)(3)(B)(ii). 
CoNRAiL LABOR PROTECTION 
For labor protection as authorized by section 713 of the Regional 
Rail Reorganization Act of 1973 as added by section 1143 of the 
45 use 797Z. 
Northeast Rail Service Act of 1981, to remain available until ex-
pended, $15,000,000: Provided, That such sum shall be considered to 
have been appropriated to the Secretary under said section 713 for 
transfer to the Railroad Retirement Board for the payment of 
benefits under section 701 of the Regional Rail Reorganization Act 
45 use 797. 
of 1973, as amended: Provided further. That, for the purposes of 
section 710 of the Regional Rail Reorganization Act of 1973, as added 
45 use 797i. 
by section 1143 of the Northeast Rail Service Act of 1981, such sum 
shall be considered to have been appropriated under section 713 of 
the Regional Rail Reorganization Act of 1973 and counted against 
the limitation on the total liability of the United States: Provided 
further. That such sums as may be necessary shall be made avail-
able for necessary expenses of administration of section 701 of the 
Regional Rail Reorganization Act of 1973 by the Railroad Retire-
ment Board. 
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM 
For necessary expenses related to Northeast Corridor improve-
ments authorized by title VII of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.), 
$27,800,000, to remain available until expended: Provided, That, 
45 use 851 note, nothwithstanding any other provision of law, the provisions of 
50 use 1431— 
Public Law 85-804 shall apply to the Northeast Corridor Improve-
1435. 
ment Program: Provided further. That the Secretary may waive the 
provisions of 23 U.S.C. 322 (c) and (d) if such action would serve a 
public purpose: Provided further. That all public at grade-level 
crossings remaining along the Northeast Corridor upon completion 
,,, 
of the project shall be equipped with protective devices including 
gates and lights. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1955 
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for operating losses in-
curred by the Corporation, capital improvements, and labor protec-
tion costs authorized by 45 U.S.C. 565, to remain available until 
expended, $684,000,000: Provided, That none of the funds herein 
appropriated shall be used for lease or purchase of passenger motor 
vehicles or for the hire of vehicle operators for any officer or 
employee, other than the president of the Corporation, excluding 
the lease of passenger motor vehicles for those officers or employees 
- ^ 
while in official travel status: Provided further. That the Secretary 
shall make no commitments to guarantee new loans or loans for 
new purposes under 45 U.S.C. 602 in fiscal year 1985: Provided 
further. That the incurring of any obligation or commitment by the 
Corporation for the purchase of capital improvements not expressly 
provided for in an appropriation Act or prohibited by this Act shall 
^ ,
- . 
be deemed a violation of 31 U.S.C. 1341: Provided further. That no 
funds are required to be expended or reserved for expenditure 
pursuant to 45 U.S.C. 601(e): Provided further. That none of the 
funds in this Act shall be made available to finance the rehabilita-
tion and other improvements (including upgrading track and the 
signal system, ensuring safety at public and private highway and 
pedestrian crossings by improving signals or eliminating such cross-
ings, and the improvement of operational portions of stations 
related to intercity rail pcissenger service) on the main line track 
between Atlantic City, New Jersey, and the main line of the North-
east Corridor, unless the Secretary of Transportation certifies that 
not less than 40 per centum of the costs of such improvements shall 
be derived from non-Federal sources: Provided further. That, not-
withstanding any other provision of law, the National Railroad 
Passenger Corporation shall not operate rail passenger service be-
tween Atlantic City, New Jersey, and the Northeast Corridor main 
line unless the Corporation's Board of Directors determines that 
revenues from such service have covered or exceeded 80 per centum 
of the short term avoidable costs of operating such service in the 
first year of operation and 100 per centum of the short term 
avoidable operating costs for each year thereafter: Provided further. 
That none of the funds provided in this or any other Act shall be 
made available to finance the acquisition and rehabilitation of a 
line, and construction necessary to facilitate improved rail passen-
ger service, between Spuyten Duyvil, New York, and the main line 
of the Northeast Corridor unless the Secretary of Transportation 
certifies that not less than 40 per centum of the costs of such 
improvement shall be derived from non-Amtrak sources. 
ALASKA RAILROAD REVOLVING FUND 
The Alaska Railroad Revolving Fund shall continue available 
until expended for the work authorized by law, including operation 
and maintenance of oceangoing or coastwise vessels by ownership, 
charter, or arrangement with other branches of the Government 
service, for the purpose of providing additional facilities for trans-
portation of freight, passengers, or mail, when deemed necessary for 
the benefit and development of industries or travel in the area 
served and payment of compensation and expenses as authorized by 
5 U.S.C. 8146, to be reimbursed as therein provided: Provided, That 
98 STAT. 1956 
PUBLIC LAW 98-473—OCT. 12, 1984 
no employee shall be paid an annual salary out of said fund in 
63 Stat. 954. 
excess of the salaries prescribed by the Classification Act of 1949, as 
amended, for grade GS-15, except the general manager of said 
railroad, one assistant general manager and five officers at not to 
exceed the salaries prescribed for members of the Senior Executive 
Service. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING FUNDS 
The total commitments to guarantee new loans pursuant to sec-
45 use 831-833. tions 511 through 513 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (Public Law 94-210), as amended, shall not 
exceed $2,500,000 of contingent liabilities for loan principal during 
fiscal year 1985: Provided, That the Secretary of Transportation is 
authorized to issue to the Secretary of the Treasury notes or other 
obligations pursuant to section 512 of the Railroad Revitalization 
45 use 832. 
and Regulatory Reform Act of 1976 (Public Law 94-210), as 
amended, in such amounts and at such times as may be necessary to 
pay any amounts required pursuant to the guarantee of the princi-
pal amount of obligations under sections 511 through 513 of such 
Act, such authority to exist as long as any such guaranteed obliga-
tion is outstanding: Provided further. That the aggregate amount of 
such notes or other obligations during fiscal year 1985 shall not 
exceed $100,000,000. 
REDEEMABLE PREFERENCE SHARES 
The Secretary of Transportation is hereby authorized to expend 
proceeds from the sale of fund anticipation notes to the Secretary of 
the Treasury and any other moneys deposited in the Railroad 
Rehabilitation and Improvement Fund pursuant to sections 502, 
505-507, and 509 of the Railroad Revitalization and Regulatory 
45 use 822, 825, Reform Act of 1976 (Public Law 94-210), as amended, and section 
??^T'TI^^'O^?^OOO 
803 of Public Law 95-620, for uses authorized for the Fund. 
45 UoL 0^1, 822 
and note, 825. 
URBAN MASS TRANSPORTATION ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
For necessary administratiye expenses of the urban mass trans-
portation program authorized by the Urban Mass Transportation 
49 USCapp. 1601 Act of 1964, as amended (49 U.S.C. 1601 et seq.), 23 U.S.C. chapter 1, 
oo^frcr. A 
^^ connection with these activities, including hire of passenger 
23 use 101 e
< 
motor vehicles and services as authorized by 5 U.S.C. 3109, 
^' 
$31,000,000. 
RESEARCH, TRAINING, AND HUMAN RESOURCES 
For necessary expenses for research, training, and human 
resources as authorized by the Urban Mass Transportation Act of 
49USeapp. 1601 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until 
note. 
expended, $51,000,000: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred 
for training. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1957 
FORMULA GRANTS 
For necessary expenses to carry out the provisions of sections 9 
and 18 of the Urban Mass Transportation Act of 1964, as amended 
(49 U.S.C. 1601 et seq.), $2,449,500,000 to remain available until 
expended: Provided, TTiat funds shall not be made available for 
planning, preliminary engineering and design, or construction of the 
proposed light rail line or subway in the Detroit, Michigan, area 
until a source of operating funds has been approved in accordance 
with Michigan law. 
DISCRETIONARY GRANTS (LIMITATIONS ON OBUGATIONS) 
None of the funds in this Act shall be available for the implemen-
tation or execution of programs in excess of $1,120,000,000 in fiscal 
year 1985 for grants under the contract authority authorized in 
section 21(aX2XB) of the Urban Mass Transportation Act of 1964, as 
amended (49 U.S.C. 1601 et seq.): Provided, That this limitation shall 
not apply to any authority for section 21(aX2)(B) previously made 
available for obligation: Provided further. That no funds shall be 
made available for the proposed Woodward light rail line in the 
Detroit, Michigan, area until a source of operating funds has been 
approved in accordance with Michigan law: Provided further. That 
the Woodward line restriction shall not apply to alternatives analy-
sis studies. 
LIQUIDATION OF CONTRACT AUTHORIZATION 
For payment of obligations incurred in carrjdng out section 
21(aX2) of the Urban Mass Transportation Act of 1964, as amended 
(49 U.S.C. 1601 et seq.), administered by the Urban Mass Transpor-
tation Administration, $450,000,000, to be derived from the Highway 
Trust Fund and to remain available until expended. 
INTERSTATE TRANSFER GRANTS—TRANSIT 
For necessary expenses to carry out the provisions of 23 U.S.C. 
103(eX4) related to transit projects, $250,000,000, to remain available 
until expended. 
WASHINGTON METRO 
For necessary expenses to carry out the provisions of section 14 of 
Public Law 96-184, authorizing completion of the 101-mile Adopted 
Regional System of rapid rail transit, $250,000,000, to remain avail-
able until expended: Provided, That in obligating and expending 
funds appropriated under this section, the Secretary may not with-
hold approval of any construction grant request solely on the basis 
of any mileage limitation. 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds 
and borrowing authority available to such Corporation, and in 
accord with law, and to make such contracts and commitments 
without regard to fiscal year limitations as provided by section 104 
of the Government C!orporation Control Act, as amended, as may be 
necessary in carrying out the programs set forth in the budget for 
49 u s e app. 
1607a, 1614. 
Detroit, Mich. 
49 u s e app. 
1617. 
Detroit, Mich. 
49 u s e app. 
1617. 
93 Stat. 1320. 
31 u s e 9104. 
98 STAT. 1958 
PUBLIC LAW 98-473—OCT. 12, 1984 
the current fiscal year for the Corporation except as hereinafter 
provided. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
Not to exceed $1,822,000 shall be available for administrative 
expenses which shall be computed on an accrual basis, including not 
to exceed $3,000 for official entertainment expenses to be expended 
upon the approval or authority of the Secretary of Transportation: 
Provided, That Corporation funds shall be available for the hire of 
passenger motor vehicles and aircraft, operation and maintenance 
of aircraft, uniforms or allowances therefor for operation and main-
tenance personnel, as authorized by law (5 U.S.C. 5901-5902), and 
$15,000 for services as authorized by 5 U.S.C. 3109. 
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 
RESEARCH AND SPECIAL PROGRAMS 
For expenses necessary to discharge the functions of the Research 
and Special Programs Administration, for expenses for conducting 
research and development and for grants-in-aid to carry out a 
pipeline safety program, as authorized by section 5 of the Natural 
49 use app. 
Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $18,900,000, of 
1674. 
which $6,975,000 shall remain available until expended: Provided, 
That there may be credited to this appropriation funds received 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training. 
OFFICE OF THE INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Inspector General in 
5 use app. 
carrying out the provisions of the Inspector General Act of 1978, 
$27,900,000. 
TITLE II—RELATED AGENCIES 
ARCHITECTURAL AND TRANSPORTATION BARRIERS 
COMPLIANCE BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
29 use 792. 
Rehabilitation Act of 1973, as amended, $2,000,000. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transportation Safety 
Board, including hire of passenger motor vehicles and aircraft; 
services as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the rate for a GS-18; 
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902), $21,700,000, of which not to exceed $300 may be used for 
official reception and representation expenses. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1959 
CIVIL AERONAUTICS BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF UNEXPENDED BALANCES) 
For necessary expenses of the Civil Aeronautics Board, including 
hire of aircraft; hire of passenger motor vehicles; services £is author-
ized by 5 U.S.C. 3109; uniforms, or allowances therefor, as author-
ized by law (5 U.S.C. 5901-5902); and not to exceed $1,250 for official 
reception and representation expenses, $5,600,000: Provided, That of 
the foregoing amounts any unexpended balances available on Janu-
ary 1, 1985, shall be transferred to agencies receiving transferred 
functions. 
PAYMENTS TO AIR CARRIERS 
(INCLUDING TRANSFER OF UNEXPENDED BALANCES) 
For payments to air carriers of so much of the compensation fixed 
and determined by the Civil Aeronautics Board under section 419 of 
the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), as 
is payable by the Board, $52,000,000, to remain available until 
expended and such amounts as may be necessary to liquidate obliga-
tions incurred prior to September 30,1984, under 49 U.S.C. 1376 and 
1389 and under Public Law 97-369, "Payments to air carriers": 
Provided, That of the foregoing amount, any unexpended balances 
available on January 1,1985, shall be transferred to the Department 
of Transportation: Provided further. That the Board shall expend 
not to exceed $102,597 per year to restore guaranteed essential air 
transportation at Hazelton, Pennsylvania, to the minimum level of 
service of two round trip flights per day, five days per week, to 
either Philadelphia, Pennsylvania, or New York, New York, as 
determined by the community. 
INTERSTATE COMMERCE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Interstate Commerce Commission, 
including services as authorized by 5 U.S.C. 3109, and not to exceed 
$1,500 
for 
official 
reception 
and 
representation 
expenses, 
$48,000,000: Provided, That joint board members and cooperating 19 use 10344 
State commissioners may use Government transportation requests note. 
when traveling in connection with their official duties as such. 
PAYMENTS FOR DIRECTED RAIL SERVICE 
None of the funds provided in this Act shall be available for the 
execution of programs the obligations for which can reasonably be 
expected to exceed $1,000,000 for directed rail service authorized 
under 49 U.S.C. 11125 or any other legislation. 
98 STAT. 1960 
PUBLIC LAW 98-473—OCT. 12, 1984 
PANAMA CANAL COMMISION 
OPERATING EXPENSES 
For operating expenses necessary for the Panama Canal Com-
mission, including hire of passenger motor vehicles and aircraft; 
uniforms or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902); not to exceed $8,000 for official reception and represen-
tation expenses of the Board; operation of guide services; residence 
for the Administrator; disbursements by the Administrator for em-
ployee and community projects; not to exceed $25,000 for official 
reception and representation expenses of the Administrator; and to 
employ services as authorized by law (5 U.S.C. 3109); $406,346,000, to 
be derived from the Panama Canal Commission Fund: Provided, 
That there may be credited to this appropriation funds received 
from the Panama Canal Commission's capital outlay account for 
expenses incurred for supplies and services provided for capital 
projects and funds received from officers and employees of the 
Commission and/or commercial insurors of Commission employees 
for payment to other United States Government agencies for ex-
penditures made for services provided to Commission employees and 
; 
their dependents by such other agencies. 
CAPITAL OUTLAY 
For acquisition, construction, replacement, and improvements of 
facilities, structures, and equipment required by the Panama Canal 
Commission, including the purchase of not to exceed forty-four 
passenger motor vehicles for replacement only; to employ services 
authorized by law (5 U.S.C. 3109); $23,500,000, to be derived from the 
Panama Canal Commission Fund and to remain available until 
expended. 
UNITED STATES RAILWAY ASSOCIATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses to enable the United 
States Railway Association to carry out its functions under the 
45 use 701 note. Regional Rail Reorganization Act of 1973, as amended, to remain 
available until expended, $2,100,000, of which not to exceed $500 
may be available for official reception and representation expenses. 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
INTEREST PAYMENTS 
For necessary expenses for interest payments, to remain available 
until expended, $46,175,945: Provided, That these funds shall be 
disbursed pursuant to terms and conditions established by Public 
93 Stat. 1320. 
Law 96-184 and the Initial Bond Repayment 
Participation 
Agreement. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for mainte-
nance and operation of aircraft; hire of passenger motor vehicles 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1961 
and aircraft; purchase of liability insurance for motor vehicles 
operating in foreign countries on official departmental business; and 
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902). 
SEC. 302. Funds appropriated for the Panama Canal Commission 
may be apportioned notwithstanding section 3679 of the Revised 
Statutes, as amended (31 U.S.C. 1341), to the extent necessary to 
permit payment of such pay increases for officers or employees as 
may be authorized by administrative action pursuant to law which 
are not in excess of statutory increases granted for the same period 
in corresponding rates of compensation for other employees of the 
Government in comparable positions. 
SEC. 303. Funds appropriated under this Act for expenditures by 
the Federal Aviation Administration shall be available (1) except as 
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 
236-244), for expenses of primary and secondary schooling for de-
pendents of Federal Aviation Administration personnel stationed 
outside the continental United States at costs for any given area not 
in excess of those of the Department of Defense for the same area, 
when it is determined by the Secretary that the schools, if any, 
available in the locality are unable to provide adequately for the 
education of such dependents and (2) for transportation of said 
dependents between schools serving the area which they attend and 
their places of residence when the Secretary, under such regulations 
as may be prescribed, determines that such schools are not 
accessible by public means of transportation on a regular basis. 
SEC. 304. Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for a GS-18. 
SEC. 305. None of the funds provided under this Act for urban 
formula grants shall be made available to support mass transit 
facilities, equipment, or operating expenses unless the applicant for 
such assistance has given satisfactory assurances in such manner 
and forms as the Secretary may require, and in accordance with 
such terms and conditions as the Secretary may prescribe, that the 
rates charged elderly and handicapped persons during nonpeak 
hours shall not exceed one-half of the rates generally applicable to 
other persons at peak hours: Provided, That the Secretary, in pre-
scribing the terms and conditions for the provision of such assist-
ance shall permit an applicant whose existing fare collection system 
does not reasonably permit the collection of half fares to continue to 
use a preferential fare system for elderly and handicapped persons 
which was in effect on or before November 26, 1974, and which 
incorporates the offering of a free return ride upon payment of the 
generally applicable full fare, except that such a system may be 
used after October 1,1984, only if such system is available for use by 
all elderly and handicapped persons. 
SEC. 306. None of the funds appropriated in this Act for the 
Panama Canal Commission may be expended unless in conformance 
with the Panama Canal Treaties of 1977 and any law implementing 
those treaties. 
SEC. 307. None of the funds provided in this Act may be used for 
planning or construction of rail-highway crossings under section 
322(a) of title 23, United States Code, or under section 701(aX5) or 
section 703(1XA) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 at the— 
20 u s e 241 note. 
Grants. 
Elderly persons. 
Handicapped 
persons. 
TIAS 10029. 
45 u s e 851. 
45 u s e 853. 
31-194 - 0 - 86 - 26 : QL. 3 Part 2 
98 STAT. 1962 
PUBLIC LAW 98-473—OCT. 12, 1984 
Groton, Conn. 
Stonington, 
Conn. 
49 CFR Part 
396. 
49 u s e app. 
1617. 
Washington 
National 
Airport. 
23 u s e 104 note. 
(1) School street crossing in Groton, Connecticut; and 
(2) Broadway Extension crossing in Stonington, Connecticut. 
SEC. 308. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regula-
tory or adjudicatory proceedings funded in this Act. 
SEC. 309. None of the funds in this Act shall be used to assist, 
directly or indirectly, any State in imposing mandatory State inspec-
tion fees or sticker requirements on vehicles which are lawfully 
registered in another State, including vehicles engaged in interstate 
commercial transportation which are in compliance with Part 396— 
Inspection and Maintenance of the Federal Motor Carrier Safety 
Regulations of the U.S. Department of Transportation. 
SEC. 310. None of the funds contained in this Act shall remain 
available for obligation beyond the current fiscal year unless ex-
pressly so provided herein. 
SEC. 311. Notwithstanding any other provision of law, total 
amounts of contract authority authorized for fiscal year 1985 in 
section 21(a)(2)(B) of the Urban Mass Transportation Act of 1964, as 
amended, shall be available for obligation through fiscal year 1988. 
SEC. 312. None of the funds in this or any other Act shall be 
available for the planning or implementation of any change in the 
current Federal status of the Transportation Systems Center. 
SEC. 313. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursu-
ant to existing law. 
SEC. 314. None of the funds in this Act may be used to implement 
a rulemaking which would lower the annual passenger ceiling at 
Washington National Airport. 
SEC. 315. (a) For fiscal year 1985 the Secretary of Transportation 
shall distribute the obligation limitation for Federal-aid highways 
by allocation in the ratio which sums authorized to be appropriated 
for Federal-aid highways and highway safety construction which are 
apportioned or allocated to each State for such fiscal year bear to 
the total of the sums authorized to be appropriated for Federal-aid 
highways and highway safety construction which are apportioned or 
allocated to all the States for such fiscal year. 
(b) During the period October 1 through December 31, 1984, no 
State shall obligate more than 40 per centum of the amount distrib-
uted to such State under subsection (a), and the total of all State 
obligations during such period shall not exceed 25 per centum of the 
total amount distributed to all States under such subsection. 
(c) Notwithstanding subsections (a) and (b), the Secretary shall— 
(1) provide all States with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways and highway safety construction which have been 
apportioned to a State, except in those instances in which a 
State indicates its intention to lapse sums apportioned under 
section 104(b)(5)(A) of title 23, United States Code. 
(2) after August 1, 1985, revise a distribution of the funds 
made available under subsection (a) if a State will not obligate 
the amount distributed during that fiscal year and redistribute 
sufficient amounts to those States able to obligate amounts in 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1963 
addition to those previously distributed during that fiscal year 
giving priority to those States having large unobligated bal-
ances of funds apportioned under section 104 of title 23, United 
States Code, and giving priority to those States which, because 
of statutory changes made by the Surface Transportation 
Assistance Act of 1982 and the Federal-Aid Highway Act of 
1981, have experienced substantial proportional reductions in 
their apportionments and allocations. 
(3) not distribute amounts authorized for administrative 
expenses and the Federal Lands Highway Programs. 
This Act may be cited as the "Department of Transportation and 
Related Agencies Appropriation Act, 1985". 
(j) Such sums as may be necessary for programs, projects, or 
activities provided for in the Treasury, Postal Service and General 
Government Appropriations Act, 1985 (H.R. 5798) to the extent and 
in the manner provided for in the conference report and joint 
explanatory statement of the committee of conference as passed by 
the House of Representatives on September 12, 1984, as if enacted 
into law (with the exception of the provisions involved in amend-
ments numbered 24 and 26 which shall be effective as if enacted into 
law): Provided, That, notwithstanding section 102 of this joint 
resolution, the Department of the Treasury shall consolidate the 
operations of the Bureau of Government Financial Operations in 
accordance with the language concerning amendment numbered 9 
in the joint explanatory statement of the committee of conference 
(H. Rept. 98-993). 
It is the sense of the Congress that— 
(1) voter registration drives should be encouraged by govern-
mental entities at all levels; and 
(2) voter registration drives conducted by State governments 
on a nonpartisan basis do not violate the provisions of the 
Intergovernmental Personnel Act (42 U.S.C. 4728, 4763). 
(k) Such amounts as may be necessary for continuing the follow-
ing activities, not otherwise provided for in this joint resolution, 
which were conducted in the fiscal year 1984, under the terms and 
conditions provided in applicable appropriation Acts for the fiscal 
year 1984, at the current rate: 
Activities under the Public Health Service Act; and 
Refugee and entrant assistance activities under the provisions 
of title IV of the Immigration and Nationality Act, title IV and 
part B of title III of the Refugee Act of 1980, and sections 501 (a) 
and (b) of the Refugee Education Assistance Act of 1980, except 
that such activities shall be continued at a rate for operations 
not in excess of the lower of the current rate or the rate 
authorized by H.R. 3729 as passed the House of Representatives: 
Provided, That such funds may be expended for individuals who 
would meet the definition of "Cuban and Haitian entrant" 
under section 501(e) of the Refugee Education Assistance Act of 
1980, but for the application of paragraph (2)(B) thereof; 
Foster care and adoption assistance activities under title IV-
E of the Social Security Act under the terms and conditions 
established by sections 474(b) and 474(c) of that Act, and sections 
102(aXl) and 102(c) of Public Law 96-272, as those sections were 
in effect for fiscal year 1984; 
Emergency immigrant education activities authorized by sec-
tion 101(g) of Public Law 98-151; and 
23 u s e 101 note. 
23 u s e 101 note. 
Department of 
Transportation 
and Related 
Agencies 
Appropriation 
Act, 1985. 
42 u s e 1971 
note. 
42 u s e 201 note. 
8 u s e 1521. 
8 u s e 1522 note, 
1521. 
8 u s e 1522 note. 
8 u s e 1522 note. 
42 u s e 670. 
42 u s e 674. 
42 u s e 672 and 
note. 
97 Stat. 964. 
98 STAT. 1964 
PUBLIC LAW 98-473—OCT. 12, 1984 
42 use 9801 
note. 
31 use 1511. 
97 Stat. 1230. 
12 use 1749bbb. 
38 use 1801 et 
seq. 
12 use 1701s, 
1715Z-1. 
Activities under the Follow Through Act, except that the 
annual rate for such activities shall not exceed $10,000,000. 
SEC. 102. Unless otherwise provided for in this joint resolution or 
in the applicable appropriation Act, appropriations and funds made 
avsdlable and authority granted pursuant to this joint resolution 
shall be available from October 1, 1984, and shall remain available 
until (a) enactment into law of an appropriation for any project or 
activity provided for in this joint resolution, or (b) enactment of the 
applicable appropriation Act by both Houses without any provision 
for such project or activity, or (c) September 30,1985, whichever first 
occurs. 
SEC. 103. Appropriations made and authority granted pursuant to 
this joint resolution shall cover all obligations or expenditures 
incurred for any project or activity during the period for which 
funds or authority for such project or activity are available under 
this joint resolution. 
SEC. 104. Expenditures made pursuant to this joint resolution 
shall be charged to the applicable appropriation, fund, or authoriza-
tion whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law. 
SEC. 105. Any appropriation for fiscal year 1985 required to be 
apportioned pursuant to subchapter II of chapter 15 of title 31, 
United States Code, may be apportioned on a basis indicating the 
need (to the extent any such increases cannot be absorbed within 
available appropriations) for a supplemented or deficiency estimate 
of appropriation to the extent necessary to permit payment of such 
pay increases as may be granted pursuant to law to civilian officers 
and employees and to active and retired military personnel. Each 
such appropriation shall otherwise be subject to the requirements of 
subchapter II of chapter 15 of title 31, United States Code. 
SEC. 113. Section 12010t)Xl) of the National Housing Act is 
amended— 
(1) by striking out "September 30,1984" and inserting in lieu 
thereof "September 30,1985"; and 
(2) in subparagraph (A), by inserting after "1985" the follow-
ing: ", and September 30,1986, respectively". 
SEC. 108. Notwithstanding any other provision of this joint resolu-
tion, for an additional amount for "Abatement, control and compli-
ance, Environmental Protection Agency", $13,000,000, to remain 
available until expended, which shall be available to the city of 
Akron, Ohio, to refinance the bond debt of the recycle energy system 
of such city: Provided, That such sum may not exceed 60 percent of 
such debt: Provided further. That the facilities of such recycle 
energy system shall be made available to the Federal (Jovemment 
as a laboratory facility for municipal waste to energy research. 
SEC. 108B. For expenses necessary to carry out loan guarsmty and 
insurance operations, as authorized by law (38 U.S.C. chapter 37, 
except administrative expenses, as authorized by section 1824 of 
such title), $306,600,000 is hereby appropriated for "Loan guaranty 
revolving fimd, Veterans' Administration", to remain available 
until expended. 
SEC. 109. The penultimate proviso in the paragraph under the 
heading "Rent Supplement" in the Supplemental Appropriations 
Act, 1983 (Public Law 98-63, 97 Stat. 301, 320) is amended to read as 
follows: "Provided further. That upon the completion of each con-
tract under such section 101 or 236(fK2) on behalf of qualified 
tenants on a State-aided, noninsured rental housing project, the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1965 
balance of the contract authority provided in appropriation Acts for 
such contract shall be rescinded:". Any amounts of authority for 
contracts under section 236 of the National Housing Act (12 U.S.C. 
1715z-l) or under section 101 of the Housing and Urban Develop-
ment Act of 1965 (12 U.S.C. 1701s) which would otherwise become 
available at the time of cancellation of any such contract as a result 
of a foreclosure action, or a transfer of a deed in lieu of foreclosure, 
of a State-aided, noninsured rental housing project having any 
contracts under such sections shall remain available for such project 
for the balance of the term which remains at the time of cancella-
tion of such a contract as a result of a foreclosure action or such 
transfer of deed, and the Secretary of Housing and Urban Develop-
ment shall offer to execute new contracts under such sections, 
subject to compliance with the requirements of sections 236 (b) and 
(f)(2) of the National Housing Act, or such section 101, respectively. 
SEC. 110. The item relating to "Department of Housing and Urban 
Development—Housing Programs—Annual Contributions for As-
sisted Housing" in the Department of Housing and Urban Develop-
ment-Independent Agencies Appropriation Act, 1984 (Public Law 
98-45; 97 Stat. 219, 220), is amended by adding at the end thereof the 
following new paragraph: 
"Notwithstanding any other provision of this Act or any other law 
regarding the availability of recaptured budget authority, $9,000,000 
of budget authority recaptured and becoming available for obliga-
tion in fiscal year 1984 shall be made available only to provide 
assistance under the new construction program of section 8 of the 
United States Housing Act of 1937 for 40 dwelling units in 
the Carmel Plaza North Project Numbered 000-32028-PM/L8, in 
the District of Columbia, which project was terminated by the 
Secretary of Housing and Urban Development on July 26, 1984. 
Such budget authority shall remain available for obligation for 
fiscal year 1985, and the provisions repealed by section 209(a) of the 
Housing and Urban-Rural Recovery Act of 1983 (Public Law 98-181; 
97 Stat. 1153, 1183) shall remain in effect with respect to such 
project and budget authority.". 
SEC. 111. The Administrator of the Environmental Protection 
Agency shall make a grant not to exceed $2,337,000 from construc-
tion grant funds allotted to the State of Ohio for fiscal year 1985 to 
the owners of the Rocky River Wastewater Treatment Plant in 
Rocky River, Ohio, for reimbursement of such owners for the cost of 
construction of such plant. 
SEC. I l l A. (a) The Small Business Act is amended by adding the 
following new section: 
"SEC. 23. Notwithstanding any other provision of law, rule, or 
regulations, for purposes of section 7(b) of this Act (15 U.S.C. 636(b)), 
the Administrator shall, with respect to small business concerns 
involved in the fishing industry, treat the recent El Nino-related 
ocean conditions as a disaster under such subsection: 
"(1) disaster loan assistance shall be provided to the fishing 
industry pursuant to paragraph (2) of such section— 
"(A) the term 'recent El Nino-related ocean conditions' 
means the ocean conditions (including high water tempera-
tures, scarcity of prey, and absence of normal upwellings) 
which occurred in the eastern Pacific Ocean off the west 
coast of the North American Continent during the period 
beginning with June 1982 and ending at the close of Decem-
42 u s e 1437f. 
Rocky River 
Wastewater 
Treatment 
Plant, Ohio. 
Fish and fishing. 
15 u s e 650. 
98 STAT. 1966 
PUBLIC LAW 98-473—OCT. 12, 1984 
15 use 636. 
Ante, p. 161. 
42 use 1437b. 
97 Stat. 1176. 
42 use 1437c. 
ber 1983, and which resulted from the climatic conditions 
occurring in the Equatorial Pacific during 1982 and 1983; 
"(B) the term 'fishing industry' means any trade or busi-
ness involved in (i) the catching, taking, or harvesting of 
fish (whether or not sold on a commercial basis), (ii) any 
operation at sea or on land, in preparation for, or substan-
tially dependent upon, the catching, taking, or harvesting 
of fish, and (iii) the processing or canning of fish (including 
storage, refrigeration and transportation of fish before proc-
essing or canning); and 
"(C) the term 'fish' means finfish, mollusks, crustaceans, 
and all other forms of marine animal and plant life other 
than marine mammals and birds; and 
"(2) for purposes of paragraphs (2) through (4) of subsection 
7(b) of this Act, eligibility of individual applicants shall not in 
any way be dependent upon the number of disaster victims in 
any county or other political subdivision."; and 
(b) Section 3(j) of such Act is amended by striking all of such 
subsection after the word "association" in the second sentence 
thereof and by inserting in lieu thereof "as a business concern and 
shall not include the income or employees of any member share-
holder of such cooperative.". 
SEC. 112. The limitation otherwise applicable to the maximum 
payments that may be required in any fiscal year by all contracts 
entered into under section 236 of the National Housing Act, as 
amended (12 U.S.C. 1715z-l), reduced in fiscal year 1985 by not more 
than $7,631,000 in uncommitted balances of authorizations provided 
for this purpose in appropriation Acts pursuant to the paragraph 
under the heading "Rental housing assistance" in the Department 
of Housing and Urban Development-Independent Agencies Appro-
priation Act, 1985 (Public Law 98-371, 98 Stat. 1213, 1215), shall not 
be reduced by more than $4,331,000 in fiscal year 1985: Provided, 
That $3,300,000 in such uncommitted balances shall be made avail-
able in fiscal year 1985 and remain available thereafter until used 
as needed to replace amounts pooled for interest reduction pay-
ments for State-aided, noninsured rental housing projects under 
such section 236, but used during fiscal year 1982 for amendments to 
contracts for rental assistance payments. 
SEC. 113. The head of any department or agency of the Federal 
Government in carrying out any loan guarantee or insurance pro-
gram for the fiscal year 1985 shall enter into commitments to 
guarantee or insure loans pursuant to such program in the full 
amount provided by law subject ony to (1) the availability of quali-
fied applicants for such guarantee or insurance, and (2) limitations 
on such amount contained in appropriation Acts. 
SEC. 113A. Notwithstanding any other provision of this joint 
resolution, there is appropriated to the Treasury $300,000,000, to be 
made available to cover the additional interest expenses incurred on 
borrowings by the Secretary of Housing and Urban Development 
from the Treasury that are necessary to extend direct loans to local 
public housing agencies as authorized under section 4(a) of the 
United States Housing Act of 1937, for the purposes of financing 
public housing projects as authorized under section 5(c) of the 
United States Housing Act of 1937: Provided, That the foregoing 
appropriation shall be available only in connection with additional 
interest expenses incurred on Treasury borrowings having maturi-
ties not in excess of seven months from the date that such borrow-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1967 
ings occur: Provided further, That no such Treasury borrowings in 
connection with the foregoing appropriation shall take place after 
April 3,1985: Provided further. That the foregoing $300,000,000 shall 
be available until expended on interest incurred pursuant to the 
Treasury borrowings: Provided further. That direct loan proceeds 
shall be made available for new loan commitments and contract 
executions for public housing development, modernization and 
Indian housing, and for financing of existing contracts: Provided 
further. That notwithstanding section 4 of the United States Hous-
ing Act of 1937, or any other provision of law, loans made pursuant 
to section 4(a) of the United States Housing Act of 1937 by the 
Secretary of Housing and Urban Development (and Treasury bor-
rowing under section 4(b) of such Act), which are necessary due to 
the failure to publicly sell tax-exempt public housing agency obliga-
tions, shall be at interest rates comparable to the interest rates on 
such obligations issued by public housing agencies. 
SEC. 114. None of the funds appropriated or made available by this 
joint resolution or any other Act may be used by the United States 
Customs Service to propose or promulgate any rule or regulation 
relating to the subject matter of the Advanced Notice of Proposed 
Regulations published in the Federal Register on July 21, 1983 (48 
Fed. Reg. 33318): Provided, That nothing shall prevent the expendi-
ture of funds to propose any rule or regulation relating to duty-free 
stores which implements or conforms to statutory standards hereaf-
ter enacted by Congress. 
SEC. 115. Section 404 of the Small Business Investment Act of 1958 
(15 U.S.C. 694-1) is amended as follows: 
(1) by striking out "may be issued" in paragraph (1) of subsec-
tion (b) and inserting in lieu thereof "shall be issued"; 
(2) by inserting before the period at the end of paragraph (1) of 
subsection (b) the following: ", and the Administration is ex-
pressly prohibited from denying such guarantee due to the 
property being so acquired"; and 
(3) by striking out "exceed 3 ¥2 per centum" in subsection (c) 
and inserting in lieu thereof "be less than 1 per centum or more 
than 3y2 per centum". 
SEC. 116. Of the funds appropriated to the Department of State in 
Public Law 97-257, Supplemental Appropriations Act, 1982 (96 Stat. 
824), $3,500,000 in "Salaries and expenses" and $3,000,000 in "Acqui-
sition, operations and maintenance of buildings abroad" shall 
remain available until September 30,1985. 
SEC. 117. Notwithstanding any other provision of this joint resolu-
tion, the Administrator of the General Services Administration is to 
provide an additional $3,611,000 from the Federal Buildings Fund 
for repairs and alterations of the Blair House. 
SEC. 118. Notwithstanding any other provision of this joint resolu-
tion, $348,000 is appropriated to the State of Arizona to be available 
for expenses in connection with the San Luis, Arizona Border 
Station. 
SEC. 119. Pursuant to the recommendation of the United States 
Claims Court in G.E. Amick, et al. against United States, (aXD the 
Secretary of the Treasury is authori^d and directed to pay, out of 
any money in the Treasury not otherwise appropriated, to each of 
the individuals named in subsection (b) the amount set forth oppo-
site the name of each such individual in full settlement of all claims 
of each such individual against the United States for damages 
arising in connection with the flooding of certain lands as the result 
42 u s e 1437b. 
Blair House. 
San Luis, 
Arizona Border 
Station. 
Flood control. 
Stockton Dam 
and Reservoir, 
Mo. 
98 STAT. 1968 
PUBLIC LAW 98-473—OCT. 12, 1984 
of the unnecessary release of excess amounts of waters from the 
Stockton Dam and Reservoir during the period from November 1972 
through June 1974, at which time such dam and reservoir were in 
operation under the control of the United States Army Corps of 
Engineers. 
(2) The individuals referred to in subsection (a) and the amounts of 
money due each such individual are as follows: 
R. Dean Dawes of Stockton, Missouri 
$2,700 
Harlen Chism of Stockton, Missouri 
6,596 
»' 
''' 
Ray and Clara Pinkman of Stockton, Missouri 
4,211 
Perrin Masters of Stockton, Missouri 
2,394 
Ray M. Pinkman of Stockton, Missouri 
3,819 
A.W. Spillers of El Dorado Springs, Missouri 
3,500 
Hester E. Simrell of Stockton, Missouri 
2,200 
G.E. Amick of El Dorado Springs, Missouri 
3,200 
T.M. Montgomery of Stockton, Missouri 
3,087 
T.M. and Berla Montgomery of Stockton, Missouri 
190 
A.C. and Virginia I. Montgomery of Stockton, Missouri 
4,500 
Irene Larson of Aurora, Missouri and Virginia Montgomery of Stockton, 
Missouri 
7,796 
Ruby Dean Leffler of Stockton, Missouri 
4,982 
Edward C. and Frances Pyle of Stockton, Missouri 
1,545 
Gilbert and Pansy Pyle and Ronnie and Kay Pyle of Stockton, Missouri... 
4,422 
Gilbert and Ronnie Pyle of Stockton, Missouri 
11,458 
Lageta Cowan of Stockton, Missouri 
3,200 
Swangel Estate of Stockton, Missouri 
12,123 
W.H. Eslinger of Stockton, Missouri 
5,668 
J.C. Eslinger of Stockton, Missouri 
5,668 
Max A. and Betty Lee Smith of Stockton, Missouri 
310 
Lat and Zella Lee Smith of Stockton, Missouri 
384 
Riley Carver of El Dorado Springs, Missouri 
6,800 
Penalties. 
(b) No part of each amount appropriated in this Act in excess of 10 
per centum thereof shall be paid or delivered to or received by any 
agent or attorney on account of services rendered in connection with 
this claim, any contract to the contrary notwithstanding. A violation 
in this section is a misdemeanor punishable by a fine in an amount 
not to exceed $10,000. 
SEC. 119A. (a) For purposes of any provision of Federal law, the 
Director of the Office of Management and Budget shall rescind the 
designation of the St. Louis primary metropolitan statistical area, 
the designation of the Alton-Granite City, Illinois, primary metro-
politan statistical area, and the designation of the East St. Louis-
Belleville, Illinois, primary metropolitan statistical area, and shall 
not take any action to designate such three primary metropolitan 
statistical areas as a consolidated metropolitan statistical area. 
(b) The Director of the Office of Management and Budget shall 
designate a single metropolitan statistical area which includes the 
following: 
(1) The city of St. Louis, Missouri, 
(2) The counties of St. Louis, Franklin, Jefferson, and St. 
Charles in Missouri. 
The counties of Monroe, Madison, Jersey, Clinton, and St. 
Clair in Illinois. 
The metropolitan statistical area designation pursuant to this sub-
section shall be known as the "St. Louis Metropolitan Statistical 
Area". 
97 Stat. 977. 
SEC. 120. (a) Section 5723(aKlXC) of title 5, United States Code, is 
amended by striking out ", by and with the advice and consent of 
the Senate,". 
Metropolitan 
statistical area. 
Illinois. 
Missouri. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1969 
5 use 5724. 
5 use 5724a. 
5 use 5724c. 
(b) Subchapter II of chapter 57 of such title is amended by striking 
out sections 5724b and 5724c and inserting in lieu thereof the 
following: 
"§ 5724b. Taxes on reimbursements for travel, transportation, and 
5 use 5724b. 
relocation expenses of employees transferred 
"(a) Under such regulations as the President may prescribe and to 
the extent considered necessary and appropriate, as provided 
therein, appropriations or other funds available to an agency for 
administrative expenses are available for the reimbursement of 
substantially all of the Federal, State, and local income taxes in-
curred by an employee, or by an employee and such employee's 
spouse (if filing jointly), for any moving or storage expenses fur-
nished in kind, or for which reimbursement or an allowance is 
provided (but only to the extent of the expenses paid or incurred). 
Reimbursements under this subsection shall also include an amount 
equal to all income taxes for which the employee and spouse, as the 
case may be, would be liable due to the reimbursement for the taxes 
referred to in the first sentence of this subsection. 
"(b) For the purposes of this section, 'moving or storage expenses' 
means travel and transportation expenses (including storage of 
household goods and personal effects under section 5724 of this title) 
and other relocation expenses under sections 5724a and 5724c of this 
title. 
"§ 5724c. Relocation services 
"Under such regulations as the President may prescribe, each 
agency is authorized to enter into contracts to provide relocation 
services to agencies and employees for the purpose of carrjdng out 
the provisions of this subchapter. Such services include but need not 
be limited to arranging for the purchase of a transferred employee's 
residence.". 
SEC. 123. The first sentence of section 101(e) of the joint resolution 
entitled "Making continuing appropriations for the fiscal year 1983, 
and for other purposes", approved October 2, 1982 (96 Stat. 1189), is 
amended by inserting "(1) after "except that" and by striking out 
the period at the end thereof and inserting in lieu thereof the 
following: ", and (2) the proviso contained in the paragraph under 
the heading 'Acquisition of Property as an Addition to the Capitol 
Grounds' in S. 2939 shall not be effective after the date of enactment 
of this clause.". 
SEC. 123A. (a) The provisions of the third paragraph under the 
2 use 92a note. 
heading "Clerical assistance to Senators" of the first section of the 
Legislative Branch Appropriation Act for the fiscal year ending 
June 30, 1928 (2 U.S.C. 92a) shall not be applicable to any employee 
of the Senate. 
(b) The following provisions of law are hereby repealed: (1) the 
last paragraph under the heading "Clerical assistance to Senators" 
of the first section of the Legislative Branch Appropriation Act, 1944 
(2 U.S.C. 92e), (2) the last paragraph under the heading "Clerical 
assistance to Senators" of the first section of the Legislative Branch 
Appropriation Act, 1945 (2 U.S.C. 92e), (3) the next-to-last paragraph 
under the heading "Clerical assistance to Senators" of the first 
section of the Legislative Branch Appropriation Act, 1946 (2 U.S.C. 
92e), and (4) the next-to-last paragraph under the heading "Clerical 
assistance to Senators" of the first section of the Legislative Branch 
Appropriation Act, 1947 (2 U.S.C. 92e). 
98 STAT. 1970 
PUBLIC LAW 98-473—OCT. 12, 1984 
(c) The second proviso of the paragraph of section 101 of the 
Legislative Branch Appropriation Act, 1974, which appears under 
the heading "Committee Employees" (2 U.S.C. 68-1) is amended by 
striking out "the committee Auditor and the committee Assistant 
Auditor" and inserting in lieu thereof "any employee or employees 
of such Committee". 
Aircraft and air 
SEC. 124. Notwithstanding any other provision of this joint resolu-
carriers. 
tion, the Secretary of the Department of Transportation shall grant 
an exemption from the January 1, 1985 deadline for compliance 
49 use app. 2101 with the provisions of Public Law 96-193, if an applicant for such 
^^^- 
exemption submits to the Secretary prior to January 1, 1985 an 
application for exemption which complies with the provisions of 
subsections (b) or (c) of this section. 
(b) the Secretary shall specify the form and manner in which any 
application shall be made. Any such application from a person 
operating aircraft for which equipment to assure compliance with 
the provisions of Public Law 96-193 ("hush kits") is currently under 
development shall include a copy of a contract entered into by the 
applicant and a known supplier of equipment which would bring the 
applicant into compliance with the provisions of Public Law 96-193. 
(c) applicants currently operating aircraft obtained prior to Janu-
ary 1, 1980 for which no such compliance equipment is currently 
under development shall accompany their application with a sworn 
commitment to enter into a contract not later than June 1, 1985 for 
aircraft which will comply with the provisions of Public Law 96-193. 
(d) Nothing in this section shall be construed to limit the power of 
the Secretary to deny any application or revoke any exemption 
granted under this section if, after examining any contract submit-
ted under subsection (b) or (c) of this section, the Secretary deter-
mines that the applicant or holder of such exemption will not be 
able to comply with the requirements of Public Law 96-193 within 
the timeframe set forth in such exemption. No exemptions shall be 
issued to any applicant pursuant to this section unless the Secretary 
determines that the contract required under subsection (b) or (c) of 
this section is with a bona fide supplier of equipment to assure 
compliance in the case of subsection (b) of this section, or complying 
aircraft in the case of subsection (c) of this section; that such 
equipment or aircraft can reasonably be expected to achieve compli-
ance; that such contract provides for non-refundable deposits suffi-
cient to assure good faith compliance by such applicant; and that the 
contract provides for compliance at the earliest possible date. 
(e) Any exemption granted under this section shall expire not 
later than December 31, 1985 except that, if the Secretary deter-
mines that equipment to ensure compliance with the provisions of 
Public Law 96-193 which has been certified by the Department for 
that purpose will not be available to the holder of the exemption by 
that date, the Secretary may extend such exemption for such period 
as the Secretary determines is necessary to insure compliance with 
such provisions. 
(f) No person receiving an exemption under the provisions of this 
section may increase either the frequency of operations into the 
place for which the exemption was granted, or increase the number 
of non-compliant aircraft operated at the place for which the exemp-
tion was granted beyond that existing in the twelve months prior to 
the date of enactment of this section. 
(g) No exemption granted pursuant to this section shall (i) permit 
flights at any airport in the United States, as the term United 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1971 
States is defined in 49 U.S.C. 1301, other than Miami International 
Airport, in Miami, Florida, and Bangor International Airport, in 
Bangor, Maine, or (ii) permit the operation of flights which serve 
both Miami International Airport and Bangor 
International 
Airport. 
SEC. 125. Notwithstanding any other provisions of law or this joint 
resolution, unexpended balances of funds appropriated by the 
Department of Transportation and Related Agencies Appropriations 
Act of 1984, for employee protection as authorized by the Rock 
Island Railroad Transition and Employee Assistance Act as 
amended (45 U.S.C. 1001 et seq.), shall continue to remain available 
for such purpose until not later than April 1, 1985; and, such funds 
shall be expended in accordance with the amendment made by 
section 201 of H.R. 3648 as passed by the House of Representatives 
on March 6,1984. 
SEC. 125A. Notwithstanding any other provision of this joint 
resolution to the contrary, none of the funds in this joint resolution 
shall be available for the planning or execution of programs, the 
total obligations for which are in excess of $126,500,000 in fiscal year 
1985 for "State and community highway safety" authorized under 
23 U.S.C. 402. Any amount provided in this joint resolution under 
the heading relating to Highway Traffic Safety Grants for the 
purposes specified in this subsection which is not identical to the 
obligation level specified in this subsection shall have no force and 
effect. 
SEC. 125B. Notwithstanding any other provision of this joint 
resolution, not to exceed $7,500,000 shall be available in the fiscal 
year ending September 30, 1985 from the unobligated balances in 
the appropriations "Highway Safety Research and Development", 
"Railroad Research and Development", and "Research, Training 
and Human Resources", for the purposes of carrying out a national 
program to encourage the use of automobile safety belts and passive 
restaints as authorized by 23 U.S.C. 403. 
SEC. 125C. (a) Notwithstanding section 16 of the Federal Airport 
Act (as in effect on November 25,1947), the Secretary of Transporta-
tion is authorized, subject to the provisions of section 4 of the Act of 
October 1, 1949 (50 App. U.S.C. 16222(c)), and the provisions of 
subsection (b) of this section, to grant release from any of the terms, 
conditions, reservations, and restrictions contained in a deed of 
conveyance dated July 30, 1948, under which the United States 
conveyed certain property to the city of Flagstaff for airport 
purposes. 
(b) Any release granted by the Secretary of Transportation under 
subsection (a) shall be subject to the following conditions: 
(1) the city of Flagstaff shall agree that in conveying any 
interest in the property which the United States conveyed 
pursuant to the deed described in subsection (a), the city of 
Flagstaff will receive an amount which is equal to the fair 
market value (as determined pursuant to regulations issued by 
such Secretary); and 
(2) any such amount so received shall be used for the develop-
ment, improvement, operation, or maintenance of a public 
airport. 
SEC. 125D. For necessary expenses to carry out a series of highway 
projects in the vicinities of Pontiac and East Lansing, Michigan, 
which demonstrate methods of enhancing safety and promoting 
economic development through construction of grade separations 
49 u s e app. 
1301. 
97 Stat. 453. 
Highways. 
Safety. 
Motor vehicles. 
Flagstaff, Ariz. 
49 u s e app. 1115 
note. 
Pontiac and East 
Lansing, Mich. 
Highways. 
98 STAT. 1972 
PUBLIC LAW 98-473—OCT. 12, 1984 
Waiver. 
Bridges. 
St. Paul, Minn. 
Great Point 
Lighthouse, 
Nantucket 
Island, Mass. 
Acquired 
immune 
deficiency 
syndrome. 
Ante, p. 1585. 
Effective date. 
Hospice care. 
42 u s e 1395f. 
Ante, p. 1964. 
42 u s e 1395. 
and road widenings on a highway on the Federal-aid primary system 
and on highways on the Federal-aid urban system; $12,000,000, to 
remain available until expended. 
SEC. 125F. The Secretary of Transportation shall waive the alter-
nate design requirements, specified in "Alternate Design for Bridges 
Policy Statement" (49-FR93 # 21409), allowing construction of a 
steel deck tied arch option only (including approach spans), for the 
Smith Avenue High Bridge, St. Paul, Minnesota. 
SEC. 125G. For an additional amount for "Coast Guard Acquisi-
tion, Construction, and Improvements", $2,000,000 to reconstruct in 
its original form the Great Point Lighthouse on Nantucket Island, 
Massachusetts, at the site designated by the United States Coast 
Guard. 
SEC. 126. Notwithstanding any other provision of this joint resolu-
tion, there is an additional amount appropriated for the Agricul-
tural Research Service, United States Department of Agriculture, 
$1,000,000. 
SEC. 127. Notwithstanding any other provision of this joint resolu-
tion, and in addition to amounts appropriated elsewhere, there are 
appropriated $3,200,000 for fiscal year 1985 for Salaries and 
Expenses of the Food and Drug Administration to carry out the 
Drug Price Competition and Patent Term Restoration Act of 1984; 
and $8,350,000 for fiscal year 1985 for the Food and Drug Adminis-
tration for activities (including construction) related to acquired 
immune deficiency syndrome, which shall be available only to the 
extent an official budget request is transmitted to the Congress. 
SEC. 127A. Notwithstanding any other provision of the law, such 
sums as may be necessary may be used from the remaining balances 
of fiscal year 1984 funds for the Commodity Supplemental Food 
Program for the purpose of settling unresolved administrative fund-
ing claims associated with the handling of regular and bonus 
commodities distributed by the Commodity Supplemental Food Pro-
gram operators in fiscal year 1982. 
SEC. 128. (a) Funds appropriated by this joint resolution or any 
other appropriation Act to carry out the Food Stamp Act of 1977 
(7 U.S.C. 2011-2029) shall, notwithstanding any other provision of 
law or this Act, be used in a manner to ensure that, under the food 
stamp program, households certified as eligible to participate in the 
program are issued an allotment that reflects the full cost of the 
thrifty food plan, adjusted to reflect changes in the cost of such plan 
for the twelve months ending June 30, 1984, rounded to the nearest 
lower dollar increment for each household size. 
(b) The provisions of subsection (a) shall be effective during the 
period beginning November 1, 1984, and ending September 30,1985. 
SEC. 134. Notwithstanding section 1814(i) of the Social Security 
Act and section 102 of this joint resolution, in the case of a hospice 
which— 
(1) commenced operations prior to January 1,1975; 
(2) participated in a hospice demonstration project during 
fiscal year 1984; and 
(3) is not certified as a hospice provider under title XVIII of 
the Social Security Act prior to September 24,1984, 
payment under such title for hospice care provided by such hospice 
on and after October 1, 1984, and prior to October 1, 1986, shall be 
made on the same basis as payment was made to such hospice under 
such demonstration project. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1973 
Department of 
State. 
SEC. 136. There are hereby appropriated $400,000 to carry out the 
provisions of S. 2456, as passed by the Senate on September 21,1984. 
SEC. 137. Notwithstanding any other provision of law or this joint 
United Nations 
resolution, none of the funds provided in this joint resolution or any 
employees. 
other provision of law shall be available for the United States' 
proportionate share for any "post adjustment allowance" for United 
Nations employees of any United Nations, organization imple-
mented after July 31, 1984, or for any such "post adjustment 
allowance" which is calculated by using any methodology not used 
in calculating such "post adjustment allowance" prior to January 1, 
1984. 
SEC. 139. Notwithstanding any other provision of this joint resolu-
tion, the following additional amounts are hereby appropriated for 
the Department of State, Administration of Foreign Affairs, and all 
to remain available until September 30, 1986; $81,200,000 for "Sala-
ries and expenses"; $28,000,000 for "Acquisition, operation, and 
maintenance of buildings abroad"; and $1,000,000 for "Emergencies 
in the diplomatic and consular service" to pay rewards for informa-
tion concerning terrorist acts: Provided, That these funds shall be 
available notwithstanding section 15(a) of the State Department 
Basic Authorities Act of 1956: Provided further, That the Depart- 
22 USC 2680. 
ment shall report to the appropriate committees in Congress on the 
Report, 
obligation of funds every thirty days from the date of enactment. 
SEC. 140. The Central Intelligence Agency Act of 1949 (50 U.S.C. 
403a et seq.) is amended by adding at the end thereof the following 
* 
new section: 
SECURITY PERSONNEL AT AGENCY INSTALLATIONS 
SEC. 15. (a) The Director may authorize Agency personnel within 
the United States to perform the same functions as special police-
men of the General Services Administration perform under the first 
section of the Act entitled "An Act to authorize the Federal Works 
Administrator or officials of the Federal Works Agency duly author-
ized by him to appoint special policemen for duty upon Federal 
property under the jurisdiction of the Federal Works Agency, and 
for other purposes" (40 U.S.C. 318), with the powers set forth in that 
section, except that such personnel shall perform such functions and 
exercise such powers only within Agency installations and the rules 
and regulations enforced by such personnel shall be rules and 
regulations promulgated by the Director. 
(b) The Director is authorized to establish penalties for violations 
of the rules or regulations promulgated by the Director under 
subsection (a) of this section. Such penalties shall not exceed those 
specified in the fourth section of the Act referred to in subsection (a) 
of this section (40 U.S.C. 318c). 
(c) Agency personnel designated by the Director under subsection 
(a) of this section shall be clearly identifiable as United States 
Government security personnel while engaged in the performance of 
the functions to which subsection (a) of this section refers. 
SEC. 122. (a) Federal employees furloughed as a result of the lapse 
of appropriations from midnight, October 3, 1984, until the enact-
ment of this Act, will be compensated at their standard rate of 
compensation for the period during which there was a lapse of 
appropriations. 
(b) AH obligations incurred in anticipation of the appropriations 
and authority provided in this joint resolution for the purposes of 
50 USC 403o. 
Penalties. 
Furloughed 
employees, 
compensation, 
98 STAT. 1974 
PUBLIC LAW 98-473—OCT. 12, 1984 
District of 
Columbia. 
87 Stat. 784. 
87 Stat. 816. 
87 Stat. 788. 
Resolutions. 
Congress. 
87 Stat. 813. 
maintaining the minimum level of essential activities necessary to 
protect life and property and bringing about orderly termination of 
other functions are hereby ratified and confirmed if otherwise in 
accordance with the provisions of this joint resolution. 
SEC. 131. (a) Section 466(b) of the District of Columbia Self-
Government and Governmental Reorganization Act (D.C. Code, sec. 
47-246) is amended by striking out "sold before October 1, 1984," 
and inserting in lieu thereof "sold before October 1,1985,". 
(b) Section 303(b) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended to read as follows: 
"(b) An amendment to the charter ratified by the registered 
electors shall take effect upon the expiration of the 35-calendar-day 
period (excluding Saturdays, Sundays, holidays, and days on which 
either House of Congress is not in session) following the date such 
amendment was submitted to the Congress, or upon the date pre-
scribed by such amendment, whichever is later, unless during such 
35-day period, there has been enacted into law a joint resolution, in 
accordance with the procedures specified in section 604 of this Act, 
disapproving such amendment. In any case in which any such joint 
resolution disapproving such an amendment has, within such 35-day 
period, passed both Houses of Congress and has been transmitted to 
the President, such resolution, upon becoming law subsequent to the 
expiration of such 35-day period, shall be deemed to have repealed 
such amendment, as of the date such resolution becomes law.". 
(c)(1) The second sentence of section 412(a) of such Act is amended 
to read as follows: "Except as provided in the last sentence of this 
subsection, the Council shall use acts for all legislative purposes.". 
(2) The last sentence of section 412(a) of such Act is amended to 
read as follows: "Resolutions shall be used (1) to express simple 
determinations, decisions, or directions of the Council of a special or 
temporary character; and (2) to approve or disapprove proposed 
actions of a kind historically or traditionally transmitted by the 
Mayor, the Board of Elections, Public Service Commission, Armory 
Board, Board of Education, the Board of Trustees of the University 
of the District of Columbia, or the Convention Center Board of 
Directors to the Council pursuant to an act. Such resolutions must 
be specifically authorized by that act and must be designed to 
implement that act.". 
(d) The second sentence of section 602(c)(1) of such Act is amended 
to read as follows: "Except as provided in paragraph (2), such act 
shall take effect upon the expiration of the 30-calendar-day period 
(excluding Saturdays, Sundays, and holidays, and any day on which 
neither House is in session because of an adjournment sine die, a 
recess of more than three days, or an adjournment of more than 
three days) beginning on the day such act is transmitted by the 
Chairman to the Speaker of the House of Representatives and the 
President of the Senate, or upon the date prescribed by such act, 
whichever is later, unless during such 30-day period, there has been 
enacted into law a joint resolution disapproving such act. In any 
case in which any such joint resolution disapproving such an act 
has, within such 30-day period, passed both Houses of Congress and 
has been transmitted to the President, such resolution, upon becom-
ing law, subsequent to the expiration of such 30-day period, shall be 
deemed to have repealed such act, as of the date such resolution 
becomes law.". 
(e) The third sentence of section 602(cXl) of such Act is amended 
by deleting "concurrent" and inserting in lieu thereof "joint". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1975 
(f) The first sentence of section 602(c)(2) of such Act is amended to 
read as follows: "In the case of any such Act transmitted by the 
Chairman with respect to any Act codified in title 22, 23, or 24 of the 
District of Columbia Code, such act shall take effect at the end of 
the 60-day period beginning on the day such act is transmitted by 
the Chairman to the Speaker of the House of Representatives and 
the President of the Senate unless, during such 60-day period, there 
has been enacted into law a joint resolution disapproving such act. 
In any case in which any such joint resolution disapproving such an 
act has, within such 60-day period, passed both Houses of Congress 
and has been transmitted to the President, such resolution, upon 
becoming law subsequent to the expiration of such 60-day period 
shall be deemed to have repealed such act, as of the date such 
resolution becomes law.". 
(g) The second sentence of section 602(c)(2) is amended to read as 
follows: "The provisions of section 604, relating to an expedited 
procedure for consideration of joint resolutions, shall apply to a joint 
resolution disapproving such Act as specified in this paragraph.". 
(h) Section 604(b) of such Act is amended by deleting "concurrent" 
and inserting in lieu thereof "joint". 
(i) Subsections (b) and (c) of section 740 of such Act are amended 
by deleting in each such subsection the words "adoption of a resolu-
tion by either the Senate or the House of Representatives" and 
inserting in lieu thereof "enactment into law of a joint resolution by 
the Congress". 
(j) Section 740(d) of such Act is amended by deleting "approve a 
concurrent" and inserting in lieu thereof "enact into law a joint". 
(k) The amendments made by the preceding subsections of this 
section shall not be applicable with respect to any law, which was 
passed by the Council of the District of Columbia prior to the date of 
the enactment of this Act, and such laws are hereby deemed valid, 
in accordance with the provisions thereof notwithstanding such 
amendments. Any previous Act of the Council of the District of 
Columbia which has been disapproved by the Congress pursuant to 
section 602(c)(1) or section 602(c)(2) is hereby deemed null and void. 
(1) Part F of title VII of such Act is amended by adding at the end 
thereof the following new section: 
Congress. 
87 Stat. 813. 
87 Stat. 816. 
87 Stat. 830. 
SEVERABILITY 
"SEC. 762. If any particular provision of this Act, or the applica-
tion thereof to any person or circumstance, is held invalid, the 
remainder of this Act and the application of such provision to other 
persons or circumstances shall not be affected thereby.". 
(m) Section 164(a)(3) of the District of Columbia Retirement 
Reform Act is amended to read as follows: 
"(3)(A) The Congress may reject any filing under this section 
within thirty days of such filing by enacting into law a joint 
resolution stating that the Congress has determined— 
"(i) that such filing is incomplete for purposes of this part, or 
"(ii) that there is any material qualification by an accountant 
or actuary contained in an opinion submitted pursuant to sec-
tion 162(a)(3)(A) or section 162(a)(4)(B). 
"(B) If the Congress rejects a filing under subparagraph (A) and if 
either a revised filing is not submitted within forty-five days after 
the enactment under subparagraph (A) rejecting the initial filing or 
such revised filing is rejected by the Congress by enactment into law 
93 Stat. 891. 
Congress. 
93 Stat. 885. 
Congress. 
98 STAT. 1976 
PUBLIC LAW 98-473—OCT. 12, 1984 
of a joint resolution within thirty days after submission of the 
revised filing, then the Congress may, if it deems it is in the best 
interests of the participants, take any one or more of the following 
actions: 
"(i) Retain an independent qualified public accountant on 
behalf of the participants to perform an audit. 
"(ii) Retain an enrolled actuary on behalf of the participants 
to prepare an actuarial statement. 
The Board and the Mayor shall permit any accountant or actuary so 
retained to inspect whatever books and records of the Fund and the 
retirement program are necessary for performing such audit or 
preparing such statement. 
"(C) If a revised filing is rejected under subparagraph (B) or if a 
filing required under this title is not made by the date specified, no 
funds appropriated for the Fund with respect to which such filing 
was required as part of the Federal payment may be paid to the 
Fund until such time as an acceptable filing is made. For purposes 
of this subparagraph, a filing is unacceptable if, within thirty days 
of its submission, the Congress enacts into law a joint resolution 
disapproving such filing.". 
(n) The provisions of this section shall be effective hereafter 
without limitation as to fiscal year, notwithstanding any other 
provision of this joint resolution. 
Comprehensive 
Crime Control 
Act of 1984. 
18 use 1 note. 
TITLE II 
. 
This title may be cited £is the "Comprehensive Crime Control Act 
of 1984." 
SEC. 201. Section 102 of this joint resolution (H.J. Res. 648) shall 
not apply with respect to the provisions enacted by this title. 
Bail Reform Act 
of 1984. 
18 use 3141 
note. 
18 use 3141. 
18 use 3142. 
CHAPTER I—BAIL 
SEC. 202. This chapter may be cited as the "Bail Reform Act of 
1984". 
SEC. 203. (a) Sections 3141 through 3151 of title 18, United States 
Code, are repealed and the following new sections are inserted in 
lieu thereof: 
"§ 3141. Release and detention authority generally 
"(a) PENDING TRIAL.—A judicial officer who is authorized to order 
the arrest of a person pursuant to section 3041 of this title shall 
order that an arrested person who is brought before him be released 
or detained, pending judicial proceedings, pursuant to the provisions 
of this chapter. 
"(b) PENDING SENTENCE OR APPEAL.—A judicial officer of a court 
of original jurisdiction over an offense, or a judicial officer of a 
Federal appellate court, shall order that, pending imposition or 
execution of sentence, or pending appeal of conviction or sentence, a 
person be released or detained pursuant to the provisions of this 
chapter. 
"§ 3142. Release or detention of a defendant pending trial 
"(a) IN GENERAL.—Upon the appearance before a judicial officer of 
a person charged with an offense, the judicial officer shall issue an 
order that, pending trial, the person be— 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1977 
"(1) released on his personal recognizance or upon execution 
of an unsecured appearance bond, pursuant to the provisions of 
subsection (b); 
"(2) released on a condition or combination of conditions 
pursuant to the provisions of subsection (c); 
"(3) temporarily detained to permit revocation of conditional 
release, deportation, or exclusion pursuant to the provisions of 
subsection (d); or 
"(4) detained pursuant to the provisions of subsection (e). 
"(b) RELEASE ON PERSONAL RECOGNIZANCE OR UNSECURED APPEAR-
ANCE BOND.—The judicial officer shall order the pretrial release of 
the person on his personal recognizance, or upon execution of an 
unsecured appearance bond in an amount specified by the court, 
subject to the condition that the person not commit a Federal, State, 
or local crime during the period of his release, unless the judicial 
officer determines that such release will not reasonably assure the 
appearance of the person as required or will endanger the safety of 
any other person or the community. 
(c) RELEASE ON CONDITIONS.—^If the judicial officer determines 
that the release described in subsection (b) will not reasonably 
assure the appearance of the person as required or will endanger the 
safety of any other person or the community, he shall order the 
pretrial release of the person— 
"(1) subject to the condition that the person not commit a 
Federal, State, or local crime during the period of release; and 
"(2) subject to the least restrictive further condition, or com-
bination of conditions, that he determines will reasonably 
assure the appearance of the person as required and the safety 
of any other person and the community, which may include the 
condition that the person— 
"(A) remain in the custody of a designated person, who 
agrees to supervise him and to report any violation of a 
release condition to the court, if the designated person is 
able reasonably to assure the judicial officer that the person 
will appear as required and will not pose a danger to the 
safety of any other person or the community; 
"(B) maintain employment, or, if unemployed, actively 
seek employment; 
"(C) maintain or commence an educational program; 
"(D) abide by specified restrictions on his personal asso-
ciations, place of abode, or travel; 
"(E) avoid all contact with an alleged victim of the crime 
and with a potential witness who may testify concerning 
the offense; 
"(F) report on a regular basis to a designated law enforce-
ment agency, pretrial services agency, or other agency; 
"(G) comply with a specified curfew; 
"(H) refrain from possessing a firearm, destructive device, 
or other dangerous weapon; 
"(I) refrain from excessive use of alcohol, or any use of a 
narcotic drug or other controlled substance, as defined in 
section 102 of the Controlled Substances Act (21 U.S.C. 802), 
without a prescription by a licensed medical practitioner; 
"(J) undergo available medical or psychiatric treatment, 
including treatment for drug or alcohol dependency, and 
remain in a specified institution if required for that 
purpose; 
98 STAT. 1978 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(K) execute an agreement to forfeit upon failing to 
appear as required, such designated property, including 
money, as is reasonably necessary to assure the appearance 
of the person as required, and post with the court such 
indicia of ownership of the property or such percentage of 
the money as the judicial officer may specify; 
"(L) execute a bail bond with solvent sureties in such 
amount as is reasonably necessary to assure the appearance 
of the person as required; 
"(M) return to custody for specified hours following 
release for employment, schooling, or other limited pur-
poses; and 
"(N) satisfy any other condition that is reasonably 
necessary to assure the appearance of the person as re-
quired and to assure the safety of any other person and the 
community. 
The judicial officer may not impose a financial condition that results 
in the pretrial detention of the person. The judicial officer may at 
any time amend his order to impose additional or different condi-
tions of release. 
"(d) TEMPORARY DETENTION TO PERMIT REVOCATION OF CONDITION-
AL RELEASE, DEPORTATION, OR EXCLUSION.—If the judicial officer 
determines that— 
"(1) the person— 
"(A) is, and was at the time the offense was committed, 
on— 
"(i) release pending trial for a felony under Federal, 
State, or local law; 
"(ii) release pending imposition or execution of sen-
tence, appeal of sentence or conviction, or completion of 
sentence, for any offense under Federal, State, or local 
law; or 
"(iii) probation or parole for any offense under Fed-
eral, State, or local law; or 
"(B) is not a citizen of the United States or lawfully 
admitted for permanent residence, as defined in section 
101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(20)); and 
"(2) the person may flee or pose a danger to any other person 
or the community; 
he shall order the detention of the person, for a period of not more 
than ten days, excluding Saturdays, Sundays, and holidays, and 
direct the attorney for the Government to notify the appropriate 
court, probation or parole official, or State or local law enforcement 
official, or the appropriate official of the Immigration and Natural-
ization Service. If the official fails or declines to take the person into 
custody during that period, the person shall be treated in accord-
ance with the other provisions of this section, notwithstanding the 
applicability of other provisions of law governing release pending 
trial or deportation or exclusion proceedings. If temporary detention 
is sought under paragraph (1)(B), the person has the burden of 
proving to the court that he is a citizen of the United States or is 
lawfully admitted for permanent residence. 
"(e) DETENTION.—If, after a hearing pursuant to the provisions of 
subsection (f), the judicial officer finds that no condition or combina-
tion of conditions will reasonably assure the appearance of the 
person as required and the safety of any other person and the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1979 
community, he shall order the detention of the person prior to trial. 
In a case described in (fXD, a rebuttable presumption arises that no 
condition or combination of conditions will reasonably assure the 
safety of any other person and the community if the judge finds 
that— 
"(1) the person has been convicted of a Federal offense that is 
described in subsection (f)(1), or of a State or local offense that 
> 
would have been an offense described in subsection (f)(1) if a 
circumstance giving rise to Federal jurisdiction had existed; 
"(2) the offense described in paragraph (1) was committed 
while the person was on release pending trial for a Federal, 
State, or local offense; and 
*'(3) a period of not more than five years has elapsed since the 
date of conviction, or the release of the person from imprison-
ment, for the offense described in paragraph (1), whichever is 
later. 
Subject to rebuttal by the person, it shall be presumed that no 
condition or combination of conditions will reasonably assure the 
appearance of the person as required and the safety of the commu-
nity if the judicial officer finds that there is probable cause to 
believe that the person committed an offense for which a maximum 
term of imprisonment of ten years or more is prescribed in the 
Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 et seq.), section 1 of 
the Act of September 15, 1980 (21 U.S.C. 955a), or an offense under 
section 924(c) of title 18 of the United States Code. 
"(f) DETENTION HEARING.—The judicial officer shall hold a hear-
ing to determine whether any condition or combination of conditions 
( 
set forth in subsection (c) will reasonably assure the appearance of 
the person as required and the safety of any other person and the 
community in a case— 
"(1) upon motion of the attorney for the Government, that 
involves— 
' 
"(A) a crime of violence; 
"(B) an offense for which the maximum sentence is life 
imprisonment or death; 
"(C) an offense for which a maximum term of imprison-
ment of ten years or more is prescribed in the Controlled 
Substances Act (21 U.S.C. 801 et seq.), the Controlled Sub-
stances Import and Export Act (21 U.S.C. 951 et seq.), or 
section 1 of the Act of September 15, 1980 (21 U.S.C. 955a); 
or 
"(D) any felony committed after the person had been 
convicted of two or more prior offenses described in sub-
paragraphs (A) through (C), or two or more State or local 
offenses that would have been offenses described in sub-
paragraphs (A) through (C) if a circumstance giving rise to 
Federal jurisdiction had existed; or 
"(2) Upon motion of the attorney for the Government or upon 
the judicial officer's own motion, that involves— 
"(A) a serious risk that the person will flee; 
"(B) a serious risk that the person will obstruct or 
attempt to obstruct justice, or threaten, injure, or intimi-
date, or attempt to threaten, injure, or intimidate, a pro-
spective witness or juror. 
The hearing shall be held immediately upon the person's first 
appearance before the judicial officer unless that person, or the 
98 STAT. 1980 
PUBLIC LAW 98-473—OCT. 12, 1984 
; 
attorney for the Government, seeks a continuance. Except for good 
cause, a continuance on motion of the person may not exceed five 
days, and a continuance on motion of the attorney for the Govern-
ment may not exceed three days. During a continuance, the person 
shall be detained, and the judicial officer, on motion of the attorney 
for the Government or on his own motion, may order that, while in 
custody, a person who appears to be a narcotics addict receive a 
medical examination to determine whether he is an addict. At the 
hearing, the person has the right to be represented by counsel, and, 
if he is financially unable to obtain adequate representation, to have 
counsel appointed for him. The person shall be afforded an opportu-
nity to testify, to present witnesses on his own behalf, to cross-
examine witnesses who appear at the hearing, and to present 
information by proffer or otherwise. The rules concerning admissi-
bility of evidence in criminal trials do not apply to the presentation 
and consideration of information at the hearing. The facts the 
judicial officer uses to support a finding pursuant to subsection (e) 
that no condition or combination of conditions will reasonably 
assure the safety of any other person and the community shall be 
suppNorted by clear and convincing evidence. The person may be 
detained pending completion of the hearing. 
"(g) FACTORS TO BE CONSIDERED.—The judicial officer shall, in 
determining whether there are conditions of release that will rea-
sonably assure the appearance of the person as required and the 
safety of any other person and the community, take into account the 
available information concerning— 
"(1) the nature and circumstances of the offense charged, 
including whether the offense is a crime of violence or involves 
a narcotic drug; 
"(2) the weight of the evidence against the person; 
"(3) the history and characteristics of the person, including— 
"(A) his character, physical and mental condition, family 
ties, employment, financial resources, length of residence in 
the community, community ties, past conduct, history relat-
' 
ing to drug or alcohol abuse, criminal history, and record 
concerning appearance at court proceedings; and 
"(B) whether, at the time of the current offense or arrest, 
he was on probation, on parole, or on other release pending 
trial, sentencing, appeal, or completion of sentence for an 
offense under Federal, State, or local law; and 
"(4) the nature and seriousness of the danger to any person or 
the community that would be posed by the person's release. In 
considering the conditions of release described in subsection 
(cX2)(K) or (cX2XL), the judicial officer may upon his own 
motion, or shall upon the motion of the Government, conduct an 
inquiry into the source of the property to be designated for 
potential forfeiture or offered as collateral to secure a bond, and 
shall decline to accept the designation, or the use as collateral, 
of property that, because of its source, will not reasonably 
- 
gissure the appearance of the person as required. 
"(h) CONTENTS OF RELEASE ORDER.—In a release order issued 
pursuant to the provisions of subsection (b) or (c), the judicial officer 
shall— 
"(1) include a written statement that sets forth all the condi-
tions to which the release is subject, in a manner sufficiently 
clear and specific to serve as a guide for the person's conduct; 
and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1981 
"(2) advise the person of^ 
r 
"(A) the penalties for violating a condition of release, 
including the penalties for committing an offense while on 
pretrial release; 
"(B) the consequences of violating a condition of release, 
including the immediate issuance of a warrant for the 
person's arrest; and 
"(C) the provisions of sections 1503 of this title (relating to 
intimidation of witnesses, jurors, and officers of the court), 
1510 (relating to obstruction of criminal investigations), 
1512 (tampering with a witness, victim, or an inform-
ant), and 1513 (retaliating against a witness, victim, or an 
informant), 
"(i) CONTENTS OF DETENTION ORDER.—In a detention order issued 
pursuant to the provisions of subsection (e), the judicial officer 
shall— 
"(1) include written findings of fact and a written statement 
of the reasons for the detention; 
"(2) direct that the person be committed to the custody of the 
Attorney General for confinement in a corrections facility sepa-
rate, to the extent practicable, from persons awaiting or serving 
sentences or being held in custody pending appeal; 
"(3) direct that the person be afforded reasonable opportunity 
for private consultation with his counsel; and 
"(4) direct that, on order of a court of the United States or on 
request of an attorney for the Government, the person in charge 
of the corrections facility in which the person is confined deliver 
the person to a United States marshal for the purpose of an 
appearance in connection with a court proceeding. 
The judicial officer may, by subsequent order, permit the temporary 
release of the person, in the custody of a United States marshal or 
another appropriate person, to the extent that the judicial officer 
determines such release to be necessary for preparation of the 
person's defense or for another compelling reason. 
"(j) PRESUMPTION OF INNOCENCE.—Nothing in this section shall be 
construed as modifying or limiting the presumption of innocence. 
"§ 3143. Release or detention of a defendant pending sentence or 
18 use 3143. 
appeal 
"(a) RELEASE OR DETENTION PENDING SENTENCE.—The judicial 
officer shall order that a person who has been found guilty of an 
offense and who is waiting imposition or execution of sentence, be 
detained, unless the judicial officer finds by clear and convincing 
evidence that the person is not likely to flee or pose a danger to the 
safety of any other person or the community if released pursuant to 
section 3142 (b) or (c). If the judicial officer makes such a finding, he 
shall order the relesise of the person in accordance with the provi-
sions of section 3142 (b) or (c). 
"(b) RELEASE OR DETENTION PENDING APPEAL BY THE DEFEND-
ANT.—The judicial officer shall order that a person who has been 
found guilty of an offense and sentenced to a term of imprisonment, 
and who has filed an appeal or a petition for a writ of certiorari, be 
detained, unless the judicial officer finds— 
"(1) by clear and convincing evidence that the person is not 
likely to flee or pose a danger to the safety of any other person 
or the community if released pursuant to section 3142 (b) or (c); 
and 
98 STAT. 1982 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(2) that the appeal is not for purpose of delay and raises a 
substantial question of law or fact likely to result in reversal or 
an order for a new trial. 
If the judicial officer makes such findings, he shall order the release 
of the person in accordance with the provisions of section 3142 (b) or 
(0. 
"(c) RELEASE OR DETENTION PENDING APPEAL BY THE GOVERN-
MENT.—The judicial officer shall treat a defendant in a case in 
which an appeal has been taken by the United States pursuant to 
the provisions of section 3731 of this title, in accordance with the 
provisions of section 3142, unless the defendant is otherwise subject 
to a release or detention order. 
18 use 3144. 
"§ 3144. Release or detention of a material witness 
"If it appears from an affidavit filed by a party that the testimony 
of a person is material in a criminal proceeding, and if it is shown 
that it may become impracticable to secure the presence of the 
person by subpena, a judicial officer may order the arrest of the 
person and treat the person in accordance with the provisions 
of section 3142. No material witness may be detained because of 
inability to comply with any condition of release if the testimony of 
such witness can adequately be secured by deposition, and if further 
detention is not necessary to prevent a failure of justice. Release of a 
material witness may be delayed for a reasonable period of time 
until the deposition of the witness can be taken pursuant to the 
18 use app. 
Federal Rules of Criminal Procedure. 
18 use 3145. 
"§ 3145. Review and appeal of a release or detention order 
"(a) REVIEW OF A RELEASE ORDER.—If a person is ordered released 
by a magistrate, or by a person other than a judge of a court having 
original jurisdiction over the offense and other than a Federal 
appellate court— 
"(1) the attorney for the Government may file, with the court 
having original jurisdiction over the offense, a motion for revo-
cation of the order or amendment of the conditions of release; 
and 
"(2) the person may file, with the court having original juris-
diction over the offense, a motion for amendment of the condi-
tions of release. 
The motion shall be determined promptly. 
"(b) REVIEW OF A DETENTION ORDER.—If a person is ordered 
detained by a magistrate, or by a person other than a judge of a 
court having original jurisdiction over the offense and other than a 
Federal appellate court, the person may file, with the court having 
original jurisdiction over the offense, a motion for revocation or 
amendment of the order. The motion shall be determined promptly. 
"(c) APPEAL FROM A RELEASE OR DETENTION ORDER.—An appeal 
from a release or detention order, or from a decision denying 
revocation or amendment of such an order, is governed by the 
28 use 1291. 
provisions of section 1291 of title 28 and section 3731 of this title. 
The appeal shall be determined promptly. 
18 use 3146. 
"§ 3146. Penalty for failure to appear 
"(a) OFFENSE.—A person commits an offense if, after having been 
released pursuant to this chapter— 
"(1) he knowingly fails to appear before a court as required by 
the conditions of his release; or 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1983 
"(2) he knowingly fails to surrender for service of sentence 
pursuant to a court order. 
"(b) GRADING.—If the person was released— 
"(1) in connection with a charge of, or while awaiting sen-
tence, surrender for service of sentence, or appeal or certiorari 
after conviction, for— 
"(A) an offense punishable by death, life imprisonment, 
or imprisonment for a term of fifteen years or more, he 
shall be fined not more than $25,000 or imprisoned for not 
more than ten years, or both; 
"(B) an offense punishable by imprisonment for a term of 
five or more years, but less than fifteen years, he shall be 
fined not more than $10,000 or imprisoned for not more 
than five years, or both; 
"(C) any other felony, he shall be fined not more than 
$5,000 or imprisoned for not more than two years, or both; 
or 
"(D) a misdemeanor, he shall be fined not more than 
$2,000 or imprisoned for not more than one year, or both; or 
"(2) for appearance as a material witness, he shall be fined 
not more than $1,000 or imprisoned for not more than one year, 
or both. 
A term of imprisonment imposed pursuant to this section shall be 
consecutive to the sentence of imprisonment for any other offense. 
"(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a 
prosecution under this section that uncontrollable circumstances 
prevented the person from appearing or surrendering, and that the 
person did not contribute to the creation of such circumstances in 
reckless disregard of the requirement that he appear or surrender, 
and that he appeared or surrendered as soon as such circumstances 
cesised to exist. 
"(d) DECLARATION OF FORFEITURE.—If a person fails to appear 
before a court as required, and the person executed an appearance 
bond pursuant to section 3142(b) or is subject to the release condition 
set forth in section 3142 (cX2XK) or (c)(2)(L), the judicial officer may, 
regardless of whether the person has been charged with an offense 
under this section, declare any property designated pursuant to that 
section to be forfeited to the United States. 
"§ 3147. Penalty for an offense committed while on release 
18 use 3147. 
"A person convicted of an offense committed while released pursu-
ant to this chapter shall be sentenced, in addition to the sentence 
prescribed for the offense to— 
"(1) a term of imprisonment of not less than two years and not 
more than ten years if the offense is a felony; or 
"(2) a term of imprisonment of not less than ninety days and 
not more than one year if the offense is a misdemeanor. 
A term of imprisonment imposed pursuant to this section shall be 
consecutive to any other sentence of imprisonment. 
"§ 3148. Sanctions for violation of a release condition 
18 USC 3148. 
"(a) AVAILABLE SANCTIONS.—A person who has been released 
pursuant to the provisions of section 3142, and who has violated a 
condition of his releeise, is subject to a revocation of release, an order 
of detention, and a prosecution for contempt of court. 
"Ot)) REVOCATION OF RELEASE.—The attorney for the Government 
may initiate a proceeding for revocation of an order of release by 
98 STAT. 1984 
PUBLIC LAW 98-473—OCT. 12, 1984 
filing a motion with the district court. A judicial officer may issue a 
warrant for the arrest of a person charged with violating a condition 
of release, and the person shall be brought before a judicial officer in 
the district in which his arrest was ordered for a proceeding in 
accordance with this section. To the extent practicable, a person 
charged with violating the condition of his release that he not 
commit a Federal, State, or local crime during the period of release 
shall be brought before the judicial officer who ordered the release 
and whose order is alleged to have been violated. The judicial officer 
shall enter an order of revocation and detention if, after a hearing, 
the judicial officer— 
"(1) finds that there is— 
"(A) probable cause to believe that the person has com-
mitted a Federal, State, or local crime while on release; or 
"(B) clear and convincing evidence that the person has 
violated any other condition of his release; and 
"(2) finds that— 
"(A) based on the factors set forth in section 3142(g), there 
is no condition or combination of conditions of release that 
will assure that the person will not flee or pose a danger to 
the safety of any other person or the community; or 
"(B) the person is unlikely to abide by any condition or 
combination of conditions of release. 
If there is probable cause to believe that, while on release, the 
person committed a Federal, State, or local felony, a rebuttable 
presumption arises that no condition or combination of conditions 
will assure that the person will not pose a danger to the safety of 
any other person or the community. If the judicial officer finds that 
there are conditions of release that will assure that the person will 
not flee or pose a danger to the safety of any other person or the 
community, and that the person will abide by such conditions, he 
shall treat the person in accordance with the provisions of section 
3142 and may amend the conditions of release accordingly. 
"(c) PROSECUTION FOR CONTEMPT.—The judge may commence a 
prosecution for contempt, pursuant to the provisions of section 401, 
if the person has violated a condition of his release-
is use 3149. 
"§ 3149. Surrender of an offender by a surety 
"A person charged with an offense, who is released upon the 
execution of an appearance bond with a surety, may be arrested by 
the surety, and if so arrested, shall be delivered promptly to a 
United States marshal and brought before a judicial officer. The 
judicial officer shall determine in accordance with the provisions of 
section 3148(b) whether to revoke the release of the person, and may 
absolve the surety of responsibility to pay all or part of the bond in 
accordance with the provisions of Rule 46 of the Federal Rules of 
isuSCapp. 
Criminal Procedure. The person so committed shall be held in 
official detention until released pursuant to this chapter or another 
provision of law. 
18 use 3150. 
"§ 3150. Applicability to a case removed from a State court 
"The provisions of this chapter apply to a criminal case removed 
to a Federal court from a State court.'. 
(b) Section 3154 of title 18, United States Code, is amended— 
(1) in subsection (1), by striking out "and recommend appro-
priate release conditions for each such person" and inserting in 
lieu thereof "and, where appropriate, include a recommenda-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1985 
tion as to whether such individual should be released or de-
tained and, if release is recommended, recommend appropriate 
conditions of release"; and 
(2) in subsection (2), by striking out "section 3146(e) or section 
3147" and inserting in lieu thereof "section 3145". 
(c) Section 3156(a) of title 18, United States Code, is amended— 
(1) by striking out "3146" and inserting in lieu thereof "3141"; 
(2) in paragraph (1)— 
(A) by striking out "bail or otherwise" and inserting in 
, t 
lieu thereof "detain or"; and 
^ 
(B) by deleting "and" at the end thereof; 
(3) in paragraph (2), by striking out the period at the end and 
inserting in lieu thereof "; and"; 
(4) by adding after 
paragraph (2) the following new 
paragraphs: 
"(3) The term 'felony' means an offense punishable by a 
maximum term of imprisonment of more than one year; and 
"(4) The term 'crime of violence' means— 
"(A) an offense that has as an element of the offense the 
use, attempted use, or threatened use of physical force 
against the person or property of another; or 
"(B) any other offense that is a felony and that, by its 
nature, involves a substantial risk that physical force 
against the person or property of another may be used in 
the course of committing the offense."; and 
(5) in subsection (b)(1), by striking out "bail or otherwise" and 
inserting in lieu thereof "detain or'. 
(d) The item relating to chapter 207 in the analysis of part II of 
title 18, United States Code, is amended to read as follows: 
" 
"207. Release and detention pending judicial proceedings 
3141". 
(eXD The caption of chapter 207 is amended to read as follows: 
"CHAPTER 207—RELEASE AND DETENTION 
PENDING JUDICIAL PROCEEDINGS". 
(2) The section analysis for chapter 207 is amended by striking out 
the items relating to sections 3141 through 3151 and inserting in 
lieu thereof the following: 
"3141. Release and detention authority generally. 
> 
"3142. Release or detention of a defendant pending trial. 
: -v 
"3143. Release or detention of a defendant pending sentence or appeal. 
"3144. Release or detention of a material witness. 
"3145. Review and appeal of a release or detention order. 
"3146. Penalty for failure to appear. 
n a f v f 
"3147. Penalty for an offense committed while on release. 
' *' 
"3148. Sanctions for violation of a release condition. 
"3149. Surrender of an offender by a surety. 
"3150. Applicability to a case removed from a State court.". 
SEC. 204. Chapter 203 of title 18, United States Code, is amended 
as follows: 
(a) The last sentence of section 3041 is amended by striking out 
"determining to hold the prisoner for trial" and inserting in lieu 
thereof "determining, pursuant to the provisions of section 3142 of 
this title, whether to detain or conditionally release the prisoner 
prior to trial". 
(b) The second paragraph of section 3042 is amended by striking 
out "imprisoned or admitted to bail" and inserting in lieu thereof 
98 STAT. 1986 
PUBLIC LAW 98-473—OCT. 12, 1984 
"detained or conditionally released pursuant to section 3142 of this 
title". 
Repeal. 
(c) Section 3043 is repealed. 
18 use 3043. 
(d) The following new section is added after section 3061: 
18 use 3062. 
"§ 3062. General arrest authority for violation of release conditions 
"A law enforcement officer, who is authorized to arrest for an 
offense committed in his presence, may arrest a person who is 
Ante, pp. 1976, 
released pursuant to chapter 207 if the officer has reasonable 
1985. 
grounds to believe that the person is violating, in his presence, a 
condition imposed on the person pursuant to section 3142 (cX2)(D), 
(cX2XE), (cX2XH), (cX2XI), or (cX2XM), or, if the violation involves a 
failure to remain in a specified institution as required, a condition 
imposed pursuant to section 3142(cX2XJ)-". 
(e) The section analysis is amended— 
(1) by amending the item relating to section 3043 to read as 
follows: 
"3043. Repealed."; and 
(2) by adding the following new item after the item relating to 
section 3061: 
"3062. General arrest authority for violation of release conditions.". 
SEC. 205. Section 3731 of title 18, United States Code, is amended 
by adding after the second paragraph the following new paragraph: 
"An appeal by the United States shall lie to a court of appeals 
from a decision or order, entered by a district court of the United 
States, granting the release of a person charged with or convicted of 
an offense, or den3dng a motion for revocation of, or modification of 
the conditions of, a decision or order granting release.". 
SEC. 206. The second paragraph of section 3772 of title 18, United 
States Code, is amended by striking out "bail" and inserting in lieu 
thereof "release pending appeal," 
SEC. 207. Section 4282 of title 18, United States Code, is 
amended— 
(a) by striking out "and not admitted to bail" and substituting 
"and detained pursuant to chapter 207"; and 
Qy) by striking out "and unable to make bail". 
SEC. 208. Section 636 of title 28, United States Code, is amended by 
striking out "impose conditions of release under section 3146 of title 
18" and inserting in lieu thereof "issue orders pursuant to section 
3142 of title 18 concerning release or detention of persons pending 
trial". 
18 use app. 
SEC. 209. The Federal Rules of Criminal Procedure are amended 
as follows: 
(a) Rule 5(c) is amended by striking out "shall admit the defendant 
to bail" and inserting in lieu thereof "shall detain or conditionally 
release the defendant". 
(b) The second sentence of rule 15(a) is amended by striking out 
"committed for failure to give bail to appear to testify at a trial or 
hearing" and inserting in lieu thereof "detained pursuant to section 
3144 of title 18, United States Code". 
(c) Rule 40(0 is amended to read as follows: 
"(0 RELEASE OR DETENTION.—If a person was previously detained 
or conditionally released, pursuant to chapter 207 of title 18, United 
Ante, pp. 1976, 
States Code, in another district where a warrant, information, or 
1985. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1987 
indictment issued, the Federal magistrate shall take into account 
the decision previously made and the reasons set forth therefor, if 
any, but will not be bound by that decision. If the Federal magis-
trate amends the release or detention decision or alters the condi-
tions of release, he shall set forth the reasons for his action in 
writing.". 
(d) Rule 46 is amended— 
(1) in subdivision (a), by striking out "§ 3146, § 3148, or § 3149" 
and inserting in lieu thereof "§§ 3142 and 3144"; 
(2) in subdivision (c), by striking out "3148" and inserting in 
lieu thereof "3143"; 
(3) by amending subdivision (e)(2) to read as follows: 
"(2) SETTING ASIDE.—The court may direct that a forfeiture be set 
aside in whole or in part, upon such conditions as the court may 
impose, if a person released upon execution of an appearance bond 
with a surety is subsequently surrendered by the surety into custody 
or if it otherwise appears that justice does not require the forfeit-
ure."; and 
(4) by adding the following new subdivision at the end thereof: 
"(h) FORFEITURE OF PROPERTY.— 
"Nothing in this rule or in chapter 207 of title 18, United States 
Code, shall prevent the court from disposing of any charge by 
entering an order directing forfeiture of property pursuant to 18 
U.S.C. 3142(c)(2)(K) if the value of the property is an amount that 
would be an appropriate sentence after conviction of the offense 
charged and if such forfeiture 
is authorized by statute or 
regulation.". 
(e) Rule 54(b)(3) is amended by striking out "under 18 U.S.C. 
§ 3043, and". 
SEC. 210. Rule 9(c) of the Federal Rules of Appellate Procedure is 
amended by striking out "3148" and inserting in lieu thereof "3143", 
and following the word "community", inserting "and that the 
appeal is not for purpose of delay and raises a substantial question 
of law or fact likely to result in reversal or in an order for a new 
trial". 
" 
CHAPTER II—SENTENCING REFORM 
SEC. 211. This chapter may be cited as the "Sentencing Reform 
Act of 1984". 
SEC. 212. (a) Title 18 of the United States Code is amended by— 
(1) redesignating sections 3577, 3578, 3579, 3580, 3611, 3612, 
3615, 3617, 3618, 3619, 3620, and 3656 as sections 3661, 3662, 
3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672 of a 
new chapter 232 of title 18 of the United States Code, 
respectively; 
(2) repealing chapters 227, 229, and 231 and substituting the 
following new chapters: 
"CHAPTER 227—SENTENCES 
18 u s e app. 
Ante, pp. 1976, 
1985. 
18 u s e app. 
28 u s e app. 
Sentencing 
Reform Act of 
1984. 
18 u s e 3551 
note. 
Post, p. 2175. 
Repeals. 
18 u s e 3561 et 
seq., 3611 et seq., 
3651 et seq. 
"Subchapter 
"A. General Provisions 
3551 
"B. Probation 
3561 
"C. Fines 
3571 
"D. Imprisonment 
3581 
98 STAT. 1988 
PUBLIC LAW 98-473—OCT. 12, 1984 
"SUBCHAPTER A—GENERAL PROVISIONS 
"Sec. 
"3551. Authorized sentences. 
"3552. Presentence reports. 
"3553. Imposition of a sentence. 
"3554. Order of criminal forfeiture. 
"3555. Order of notice to victims. 
"3556. Order of restitution. 
"3557. Review of a sentence. 
"3558. Implementation of a sentence. 
"3559. Sentencing classification of offenses. 
"SUBCHAPTER A—GENERAL PROVISIONS 
18 use 3551. 
"§ 3551. Authorized sentences 
"(a) IN GENERAL.—Except as otherwise specifically provided, a 
defendant who has been found guilty of an offense described in any 
Federal statute, other than an Act of Congress applicable exclu-
sively in the District of Columbia or the Uniform Code of Military 
Justice, shall be sentenced in accordance with the provisions of this 
chapter so as to achieve the purposes set forth in subparagraphs (A) 
through (D) of section 3553(a)(2) to the extent that they are applica-
ble in light of all the circumstances of the case. 
"(b) INDIVIDUALS.—An individual found guilty of an offense shall 
be sentenced, in accordance with the provisions of section 3553, to— 
Post, p. 1992. 
"(1) a term of probation as authorized by subchapter B; 
Post, p. 1995. 
"(2) a fine as authorized by subchapter C; or 
Post, p. 1998. 
"(3) a term of imprisonment as authorized by subchapter D. 
A sentence to pay a fine may be imposed in addition to any other 
sentence. A sanction authorized by section 3554, 3555, or 3556 may 
be imposed in addition to the sentence required by this subsection. 
"(c) ORGANIZATIONS.—An organization found guilty of an offense 
shall be sentenced, in accordance with the provisions of section 3553, 
to— 
"(1) a term of probation as authorized by subchapter B; or 
"(2) a fine as authorized by subchapter C. 
A sentence to pay a fine may be imposed in addition to a sentence to 
probation. A sanction authorized by section 3554, 3555, or 3556 may 
be imposed in addition to the sentence required by this subsection. 
18 use 3552. 
"§ 3552. Presentence reports 
"(a) PRESENTENCE INVESTIGATION AND REPORT BY PROBATION OFFI-
CER.—A United States probation officer shall make a presentence 
investigation of a defendant that is required pursuant to the provi-
18 use app. 
sions of Rule 32(c) of the Federal Rules of Criminal Procedure, and 
shall, before the imposition of sentence, report the results of the 
investigation to the court, 
"(b) PRESENTENCE STUDY AND REPORT BY BUREAU OF PRISONS.—If 
I 
the court, before or after its receipt of a report specified in subsec-
tion (a) or (c), desires more information than is otherwise available 
to it as a basis for determining the sentence to be imposed on a 
defendant found guilty of a misdemeanor or felony, it may order a 
study of the defendant. The study shall be conducted in the local 
community by qualified consultants unless the sentencing judge 
finds that there is a compelling reason for the study to be done by 
the Bureau of Prisons or there are no adequate professional re-
sources available in the local community to perform the study. The 
period of the study shall take no more than sixty days. The order 
shall specify the additional information that the court needs before 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1989 
determining the sentence to be imposed. Such an order shall be 
treated for administrative purposes as a provisional sentence of 
imprisonment for the maximum term authorized by section 3581(b) 
for the offense committed. The study shall inquire into such matters 
as are specified by the court and any other matters that the Bureau 
of Prisons or the professional consultants believe are pertinent to 
the factors set forth in section 3553(a). The period of the study may, 
in the discretion of the court, be extended for an additional period of 
not more than sixty days. By the expiration of the period of the 
Expiration date, 
study, or by the expiration of any extension granted by the court, 
the United States marshal shall return the defendant to the court 
for final sentencing. The Bureau of Prisons or the professional 
consultants shall provide the court with a written report of the 
pertinent results of the study and make to the court whatever 
recommendations the Bureau or the consultants believe will be 
helpful to a proper resolution of the case. The report shall include 
recommendations of the Bureau or the consultants concerning the 
guidelines and policy statements, promulgated by the Sentencing 
Commission pursuant to 28 U.S.C. 994(a), that they believe are 
Post, p. 2019. 
applicable to the defendant's case. After receiving the report and the 
recommendations, the court shall proceed finally to sentence the 
defendant in accordance with the sentencing alternatives and proce-
dures available under this chapter. 
"(c) PRESENTENCE EXAMINATION AND REPORT BY PSYCHIATRIC OR 
PSYCHOLOGICAL EXAMINERS.—If the court, before or after its receipt 
of a report specified in subsection (a) or (b) desires more information 
than is otherwise available to it as a basis for determining the 
mental condition of the defendant, it may order that the defendant 
undergo a psychiatric or psychological examination and that the 
court be provided with a written report of the results of the exami-
nation pursuant to the provisions of section 4247. 
"(d) DISCLOSURE OF PRESENTENCE REPORTS.—The court shall assure 
that a report filed pursuant to this section is disclosed to the 
defendant, the counsel for the defendant, and the attorney for the 
Government at least ten days prior to the date set for sentencing, 
unless this minimum period is waived by the defendant. 
"§ 3553. Imposition of a sentence 
18 USC 3553. 
"(a) FACTORS TO BE CONSIDERED IN IMPOSING A SENTENCE.—The 
court shall impose a sentence sufficient, but not greater than neces-
sary, to comply with the purposes set forth in paragraph (2) of this 
subsection. The court, in determining the particular sentence to be 
imposed, shall consider— 
"(1) the nature and circumstances of the offense and the 
history and characteristics of the defendant; 
"(2) the need for the sentence imposed— 
"(A) to reflect the seriousness of the offense, to promote 
respect for the law, and to provide just punishment for the 
offense; 
"(B) to afford adequate deterrence to criminal conduct; 
"(C) to protect the public from further crimes of the 
defendant; and 
"(D) to provide the defendant with needed educational or 
vocational training, medical care, or other correctional 
treatment in the most effective manner; 
"(3) the kinds of sentences available; 
"(4) the kinds of sentence and the sentencing range estab-
lished for the applicable category of offense committed by the 
98 STAT. 1990 
PUBLIC LAW 98-473—OCT. 12, 1984 
applicable category of defendant as set forth in the guidelines 
that are issued by the Sentencing Commission pursuant to 28 
Post, p. 2019. 
U.S.C. 994(a)(1) and that are in effect on the date the defendant 
is sentenced; 
"(5) any pertinent policy statement issued by the Sentencing 
Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on 
the date the defendant is sentenced; and 
"(6) the need to avoid unwarranted sentence disparities 
among defendants with similar records who have been found 
guilty of similar conduct. 
"(b) APPLICATION OF GUIDELINES IN IMPOSING A SENTENCE.—The 
court shall impose a sentence of the kind, and within the range, 
referred to in subsection (a)(4) unless the court finds that an aggra-
vating or mitigating circumstance exists that was not adequately 
taken into consideration by the Sentencing Commission in formulat-
ing the guidelines and that should result in a sentence different 
from that described. 
"(c) 
STATEMENT OF REASONS FOR IMPOSING A SENTENCE.—The 
court, at the time of sentencing, shall state in open court the reasons 
for its imposition of the particular sentence, and, if the sentence— 
"(1) is of the kind, and within the range, described in subsec-
tion (a)(4), the reason for imposing a sentence at a particular 
point within the range; or 
"(2) is not of the kind, or is outside the range, described in 
subsection (a)(4), the specific reason for the imposition of a 
sentence different from that described. 
If the sentence does not include an order of restitution, the court 
shall include in the statement the reason therefor. The clerk of the 
court shall provide a transcription of the court's statement of rea-
sons to the Probation System, and, if the sentence includes a term of 
imprisonment, to the Bureau of Prisons. 
"(d) PRESENTENCE PROCEDURE FOR AN ORDER OF NOTICE OR RESTI-
TUTION.—Prior to imposing an order of notice pursuant to section 
3555, or an order of restitution pursuant to section 3556, the court 
shall give notice to the defendant and the Government that it is 
considering imposing such an order. Upon motion of the defendant 
or the Government, or on its own motion, the court shall— 
"(1) permit the defendant and the Government to submit 
affidavits and written memoranda addressing matters relevant 
to the imposition of such an order; 
"(2) afford counsel an opportunity in open court to address 
orally the appropriateness of the imposition of such an order; 
and 
"(3) include in its statement of reasons pursuant to subsection 
(c) specific reasons underlying its determinations regarding the 
nature of such an order. 
Upon motion of the defendant or the Government, or on its own 
motion, the court may in its discretion employ any additional 
procedures that it concludes will not unduly complicate or prolong 
the sentencing process. 
18 use 3554. 
"§ 3554. Order of criminal forfeiture 
"The court, in imposing a sentence on a defendant who has been 
found guilty of an offense described in section 1962 of this title or in 
title II or III of the Comprehensive Drug Abuse Prevention and 
21 use 801, 951. Control Act of 1970 shall order, in addition to the sentence that is 
imposed pursuant to the provisions of section 3551, that the defend-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1991 
ant forfeit property to the United States in accordance with the 
provisions of section 1963 of this title or section 413 of the Compre-
hensive Drug Abuse and Control Act of 1970. 
Post, p. 2044. 
"§ 3555. Order of notice to victims 
18 USC 3555. 
"The court, in imposing a sentence on a defendant who has been 
found guilty of an offense involving fraud or other intentionally 
deceptive practices, may order, in addition to the sentence that is 
imposed pursuant to the provisions of section 3551, that the defend-
ant give reasonable notice and explanation of the conviction, in such 
form as the court may approve, to the victims of the offense. The 
notice may be ordered to be given by mail, by advertising in 
designated areas or through designated media, or by other appropri-
ate means. In determining whether to require the defendant to give 
such notice, the court shall consider the factors set forth in section 
3553(a) to the extent that they are applicable and shall consider the 
cost involved in giving the notice as it relates to the loss caused by 
the offense, and shall not require the defendant to bear the costs of 
notice in excess of $20,000. 
"§ 3556. Order of restitution 
18 USC 3556. 
"The court, in imposing a sentence on a defendant who has been 
found guilty of an offense under this title, or an offense under 
section 902 (h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 
U.S.C. 1472), may order, in addition to the sentence that is imposed 
49 USC app. 
pursuant to the provisions of section 3551, that the defendant make 
1472. 
restitution to any victim of the offense in accordance with the 
provisions of sections 3663 and 3664. 
"§ 3557. Review of a sentence 
18 USC 3557. 
"The review of a sentence imposed pursuant to section 3551 is 
governed by the provisions of section 3742. 
Post, p. 2011. 
"§ 3558. Implementation of a sentence 
18 USC 3558. 
"The implementation of a sentence imposed pursuant to section 
3551 is governed by the provisions of chapter 229. 
Post, p. 2001. 
"§ 3559. Sentencing classification of offenses 
18 USC 3559. 
"(a) CLASSIFICATION.—An offense that is not specifically classified 
by a letter grade in the section defining it, is classified— 
"(1) if the maximum term of imprisonment authorized is— 
"(A) life imprisonment, or if the maximum penalty is 
death, as a Class A felony; 
"(B) twenty years or more, as a Class B felony; 
"(C) less than twenty years but ten or more years, £is a 
Class C felony; 
"(D) less than ten years but five or more years, as a Clsiss 
D felony; 
"(E) less than five years but more than one year, as a 
Class E felony; 
"(F) one year or less but more than six months, as a Class 
* 
A misdemeanor; 
"(G) six months or less but more than thirty days, as a 
Class B misdemeanor; 
"(H) thirty days or less but more than five days, as a 
Class C misdemeanor; or 
98 STAT. 1992 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(I) five days or less, or if no imprisonment is authorized, 
as an infraction. 
"(b) EFFECT OF CLASSIFICATION.—An offense classified under sub-
section (a) carries all the incidents assigned to the applicable letter 
designation except that: 
"(1) the maximum fine that may be imposed is the fine 
authorized by the statute describing the offense, or by this 
chapter, whichever is the greater; and 
"(2) the maximum term of imprisonment is the term author-
ized by the statute describing the offense. 
"SUBCHAPTER B—PROBATION 
"Sec. 
"3561. Sentence of probation. 
"3562. Imposition of a sentence of probation. 
"3563. Conditions of probation. 
"3564. Running of a term of probation. 
"3565. Revocation of probation. 
"3566. Implementation of a sentence of probation. 
^ ^ 
'^> 
"SUBCHAPTER B—PROBATION 
18 use 3561. 
"§ 3561. Sentence of probation 
"(a) IN GENERAL.—A defendant who has been found guilty of an 
offense may be sentenced to a term of probation unless— 
"(1) the offense is a Class A or Class B felony; 
"(2) the offense is an offense for which probation has been 
expressly precluded; or 
"(3) the defendant is sentenced at the same time to a term of 
imprisonment for the same or a different offense. 
The liability of a defendant for any unexecuted fine or other punish-
ment imposed as to which probation is granted shall be fully dis-
charged by the fulfillment of the terms and conditions of probation. 
"(b) AUTHORIZED TERMS.—The authorized terms of probation are— 
"(1) for a felony, not less than one nor more than five years; 
"(2) for a misdemeanor, not more than five years; and 
"(3) for an infraction, not more than one year. 
18 use 3562. 
"§ 3562. Imposition of a sentence of probation 
"(a) FACTORS TO BE CONSIDERED IN IMPOSING A TERM OF PROBA-
TION.—The court, in determining whether to impose a term of 
probation, and, if a term of probation is to be imposed, in determin-
ing the length of the term and the conditions of probation, shall 
consider the factors set forth in section 3553(a) to the extent that 
they are applicable. 
"(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact 
that a sentence of probation can subsequently be— 
"(1) modified or revoked pursuant to the provisions of section 
3564 or 3565; 
Post, p. 2015. 
"(2) corrected pursuant to the provisions of rule 35 and section 
Post, p. 2011. 
3742; or 
"(3) appealed and modified, if outside the guideline range, 
pursuant to the provisions of section 3742; 
a judgment of conviction that includes such a sentence constitutes a 
final judgment for all other purposes. 
. , . . . . » 
...,„.4 
R,' 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1993 
"§ 3563. Conditions of probation 
18 USC 3563. 
"(a) MANDATORY CONDITIONS.—The court shall provide, as an 
explicit condition of a sentence of probation— 
"(1) for a felony, a misdemeanor, or an infraction, that the 
defendant not commit another Federal, State, or local crime 
during the term of probation; and 
"(2) for a felony, that the defendant also abide by at least one 
condition set forth in subsection (b)(2), (b)(3), or (b)(13). 
If the court has imposed and ordered execution of a fine and placed 
the defendent on probation, payment of the fine or adherence to the 
court-established installment schedule shall be a condition of the 
probation. 
"(b) DISCRETIONARY CONDITIONS.—The court may provide, as fur-
ther conditions of a sentence of probation, to the extent that such 
conditions are reasonably related to the factors set forth in section 
3553 (aXD and (a)(2) and to the extent that such conditions involve 
only such deprivations of liberty or property as are reasonably 
necessary for the purposes indicated in section 3553(a)(2), that the 
defendant— 
"(1) support his dependents and meet other family responsi-
bilities; 
"(2) pay a fine imposed pursuant to the provisions of subchap-
ter C; 
"(3) make restitution to a victim of the offense pursuant to 
the provisions of section 3556; 
"(4) give to the victims of the offense the notice ordered 
pursuant to the provisions of section 3555; 
"(5) work conscientiously at suitable employment or pursue 
conscientiously a course of study or vocational training that will 
, 
equip him for suitable employment; 
"(6) refrain, in the case of an individual, from engaging in a 
specified occupation, business, or profession bearing a reason-
ably direct relationship to the conduct constituting the offense, 
or engage in such a specified occupation, business, or profession 
only to a stated degree or under stated circumstances; 
"(7) refrain from frequenting specified kinds of places or from 
associating unnecessarily with specified persons; 
"(8) refrain from excessive use of alcohol, or any use of a 
narcotic drug or other controlled substance, as defined in sec-
tion 102 of the Controlled Substances Act (21 U.S.C. 802), with-
out a prescription by a licensed medical practitioner; 
"(9) refrain from possessing a firearm, destructive device, or 
other dangerous weapon; 
"(10) undergo available medical, psychiatric, or psychological 
treatment, including treatment for drug or alcohol dependency, 
as specified by the court, and remain in a specified institution if 
required for that purpose; 
"(11) remain in the custody of the Bureau of Prisons during 
nights, weekends, or other intervals of time, totaling no more 
than the lesser of one year or the term of imprisonment author-
ized for the offense in section 3581(b), during the first year of 
the term of probation; 
"(12) reside at, or participate in the program of, a community 
corrections facility for all or part of the term of probation; 
"(13) work in community service as directed by the court; 
31-194 - 0 - 86 - 27 : 
QL. 3 Part 2 
98 STAT. 1994 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(14) reside in a specified place or area, or refrain from 
residing in a specified place or area; 
"(15) remain within the jurisdiction of the court, unless 
granted permission to leave by the court or a probation officer; 
"(16) report to a probation officer as directed by the court or 
the probation officer; 
"(17) permit a probation officer to visit him at his home or 
elsewhere as specified by the court; 
"(18) answer inquiries by a probation officer and notify the 
probation officer promptly of any change in address or 
employment; 
"(19) notify the probation officer promptly if arrested or 
questioned by a law enforcement officer; or 
"(20) satisfy such other conditions as the court may impose. 
"(c) MODIFICATIONS OF CONDITIONS.—The court may, after a hear-
ing, modify, reduce, or enlarge the conditions of a sentence of 
probation at any time prior to the expiration or termination of the 
term of probation, pursuant to the provisions applicable to the 
initial setting of the conditions of probation. 
"(d) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct 
that the probation officer provide the defendant with a written 
statement that sets forth all the conditions to which the sentence is 
subject, and that is sufficiently clear and specific to serve as a guide 
for the defendant's conduct and for such supervision as is required. 
18 use 3564. 
"§ 3564. Running of a term of probation 
"(a) COMMENCEMENT.—A term of probation commences on the day 
that the sentence of probation is imposed, unless otherwise ordered 
by the court. 
"(b) CONCURRENCE WITH OTHER SENTENCES.—Multiple terms of 
probation, whether imposed at the same time or at different times, 
run concurrently with each other. A term of probation runs concur-
rently with any Federal, State, or local term of probation, or super-
vised release, or parole for another offense to which the defendant is 
subject or becomes subject during the term of probation, except that 
it does not run during any period in which the defendant is impris-
oned for a period of at least thirty consecutive days in connection 
with a conviction for a Federal, State, or local crime. 
"(c) EARLY TERMINATION.—The court, after considering the factors 
set forth in section 3553(a) to the extent that they are applicable, 
may terminate a term of probation previously ordered and discharge 
the defendant at any time in the case of a misdemeanor or an 
infraction or at any time after the expiration of one year of proba-
tion in the case of a felony, if it is satisfied that such action is 
warranted by the conduct of the defendant and the interest of 
justice. 
"(d) EXTENSION.—The court may, after a hearing, extend a term of 
probation, if less than the maximum authorized term was previously 
imposed, at any time prior to the expiration or termination of the 
term of probation, pursuant to the provisions applicable to the 
initial setting of the term of probation. 
"(e) SUBJECT TO REVOCATION.—A sentence of probation remains 
conditional and subject to revocation until its expiration or 
termination. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1995 
"§ 3565. Revocation of probation 
Post, p. 2039. 
"(a) CONTINUATION OR REVOCATION.—If the defendant violates a 
^^ ^sc 3565. 
condition of probation at any time prior to the expiration or termi-
nation of the term of probation, the court may, after a hearing 
pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, 18 USC app. 
and after considering the factors set forth in section 3553(a) to the 
extent that they are applicable— 
"(1) continue him on probation, with or without extending the 
term of modifying or enlarging the conditions; or 
"(2) revoke the sentence of probation and impose any other 
sentence that was available under subchapter A at the time of 
the initial sentencing. 
"(b) DELAYED REVOCATION.—The power of the court to revoke a 
sentence of probation for violation of a condition of probation, and to 
impose another sentence, extends beyond the expiration of the term 
of probation for any period reasonably necessary for the adjudica-
tion of matters arising before its expiration if, prior to its expiration, 
a warrant or summons has been issued on the basis of an allegation 
of such a violation. 
"§ 3566. Implementation of a sentence of probation 
18 use 8566. 
"The implementation of a sentence of probation is governed by 
the provisions of subchapter A of chapter 229. 
Post, p. 2001. 
"SUBCHAPTER C—FINES 
"Sec. 
"3571. Sentence of fine. 
' 
"3572. Imposition of a sentence of fine. 
"3573. Modification or remission of fine. 
"3574. Implementation of a sentence of fine. 
"SUBCHAPTER C—FINES 
"§ 3571. Sentence of fine 
18 use 3571. 
"(a) IN GENERAL.—A defendant who has been found guilty of an 
offense may be sentenced to pay a fine. 
"(b) AUTHORIZED FINES.—Except as otherwise provided in this 
chapter, the authorized fines are— 
"(1) if the defendant is an individual— 
"(A) for a felony, or for a misdemeanor resulting in the 
loss of human life, not more than $250,000; 
"(B) for any other misdemeanor, not more than $25,000; 
and 
• 
"(C) for an infraction, not more than $1,000; and 
"(2) if the defendant is an organization— 
"(A) for a felony, or for a misdemeanor resulting in the 
loss of human life, not more than $500,000; 
"(B) for any other misdemeanor, not more than $100,000; 
and 
"(C) for an infraction, not more than $10,000. 
"§ 3572. Imposition of a sentence of 
fine 
18 use 3572. 
"(a) FACTORS To BE CONSIDERED IN IMPOSING FINE.—The court, in 
determining whether to impose a fine, and, if a fine is to be imposed, 
in determining the amount of the fine, the time for payment, and 
the method of payment, shall consider— 
98 STAT. 1996 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(1) the factors set forth in section 3553(a), to the extent they 
are applicable, including, with regard to the characteristics of 
the defendant under section 3553(a), the ability of the defendant 
to pay the fine in view of the defendant's income, earning 
, .; 
capacity, and financial resources and, if the defendant is an 
organization, the size of the organization; 
"(2) the nature of the burden that payment of the fine will 
impose on the defendant, and on any person who is financially 
dependent upon the defendant, relative to the burden which 
alternative punishments would impose; 
"(3) any restitution or reparation made by the defendant to 
the victim of the offense, and any obligation imposed upon the 
defendant to make such restitution or reparation to the victim 
of the offense; 
"(4) if the defendant is an organization, any measure taken by 
the organization to discipline its employees or agents responsi-
ble for the offense or to insure against a recurrence of such an 
offense; and 
"(5) any other pertinent equitable consideration. 
"(b) LIMIT ON AGGREGATE OF MULTIPLE FINES.—Except as other-
wise expressly provided, the aggregate of fines that a court may 
impose on a defendant at the same time for different offenses that 
,.,. . , -. 
arise from a common scheme or plan, and that do not cause separa-
ble or distinguishable kinds of harm or damage, is twice the amount 
imposable for the most serious offense. 
"(c) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact 
that a sentence to pay a fine can subsequently be— 
"(1) modified or remitted pursuant to the provisions of section 
3573; 
Post, p. 2015. 
"(2) corrected pursuant to the provisions of rule 35 and section 
Post, p. 2011. 
3742; or 
"(3) appealed and modified, if outside the guideline range, 
pursuant to the provisions of section 3742; 
a judgment of conviction that includes such a sentence constitutes a 
final judgment for all other purposes. 
"(d) TIME AND METHOD OF PAYMENT.—Payment of a fine is due 
immediately unless the court, at the time of sentencing— 
"(1) requires payment by a date certain; or 
"(2) establishes an installment schedule, the specific terms of 
which shall be fixed by the court. 
"(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 served in the event that the fine is not paid. 
"(f) INDIVIDUAL RESPONSIBIUTY FOR PAYMENT.—If a fine is imposed 
on an organization, it is the duty of each individual authorized to 
make disbursement of the assets of the organization to pay the fine 
from assets of the organization. If a fine is imposed on an agent or 
shareholder of an organization, the fine shall not be paid, directly or 
indirectly, out of the assets of the organization, unless the court 
finds that such payment is expressly permissible under applicable 
State law. 
c-' 
"(g) RESPONSIBILITY TO PROVIDE CURRENT ADDRESS.—At the time 
of imposition of the fine, the court shall order the person fined to 
provide the Attorney General with a current mailing address for the 
entire period that any part of the fine remains unpaid. Failure to 
provide the Attorney General with a current address or a change in 
address shall be punishable as a contempt of court. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1997 
"(h) STAY OF FINE PENDING APPEALS.—Unless exceptional circum-
stances exist, if a sentence to pay a fine is stayed pending appeal, 
the court granting the stay shall include in such stay— 
"(1) a requirement that the defendant, pending appeal, to 
deposit the entire fine amount, or the amount due under an 
installment schedule, during the pendency of an appeal, in an 
escrow account in the registry of the district court, or to give 
bond for the payment thereof; or 
"(2) an order restraining the defendant from transferring or 
dissipating assets found to be sufficient, if sold, to meet the 
defendant s fine obligation. 
"(i) DELINQUENT FINE.—A fine is delinquent if any portion of such 
fine is not paid within thirty days of when it is due, including any 
fines to be paid pursuant to an installment schedule. 
"(j) DEFAULT.—A fine is in default if any portion of such fine is 
more than ninety days delinquent. When a criminal fine is in 
default, the entire amount is due with thirty days of notification of 
the default, notwithstanding any installment schedule. 
"§ 3573. Modification or remission of fine 
18 use 3573. 
"(a) PETITION FOR MODIFICATION OR REMISSION.—A defendant who 
has been sentenced to pay a fine, and who— 
"(1) can show a good faith effort to comply with the terms of 
the sentence and concerning whom the circumstances no longer 
exist that warranted the imposition of the fine in the amount 
imposed or payment by the installment schedule, may at any 
time petition the court for— 
"(A) an extension of the installment schedule, not to 
exceed two years except in case of incarceration or special 
' ' 
circumstances; or 
"(B) a remission of all or part of the unpaid portion 
including interest and penalties; or 
"(2) has voluntarily made restitution or reparation to the 
victim of the offense, may at any time petition the court for a 
remission of the unpaid portion of the fine in an amount not 
exceeding the amount of such restitution or reparation. 
Any petition filed pursuant to this subsection shall be filed in the 
court in which sentence was originally imposed, unless that court 
transfers jurisdiction to another court. The petitioner shall notify 
the Attorney General that the petition has been filed within ten 
working days after filing. For the purposes of clause (1), unless 
exceptional circumstances exist, a person may be considered to have 
made a good faith effort to comply with the terms of the sentence 
only after payment of a reeisonable portion of the fine. 
"(b) ORDER OF MODIFICATION OR REMISSION.—If, after the filing of 
a petition as provided in subsection (a), the court finds that the 
circumstances warrant relief, the court may enter an appropriate 
order, in which case it shall provide the Attorney General with a 
copy of such order. 
"§ 3574. Implementation of a sentence of 
fine 
18 use 3574. 
"The implementation of a sentence to pay a fine is governed by 
the provisions of subchapter B of chapter 229. 
Post, p. 2004. 
98 STAT. 1998 
PUBLIC LAW 98-473—OCT. 12, 1984 
"SUBCHAPTER D—IMPRISONMENT 
"Sec. 
"3581. Sentence of imprisonment. 
"3582. Imposition of a sentence of imprisonment. 
"3583. Inclusion of a term of supervised release after imprisonment. 
"3584. Multiple sentences of imprisonment. 
"3585. Calculation of a term of imprisonment. 
"3586. Implementation of a sentence of imprisonment. 
"SUBCHAPTER D—IMPRISONMENT 
18 use 3581. 
"§ 3581. Sentence of imprisonment 
"(a) IN GENERAL.—A defendant who has been found guilty of an 
offense may be sentenced to a term of imprisonment. 
"(b) AUTHORIZED TERMS.—The authorized terms of imprisonment 
are— 
"(1) for a Class A felony, the duration of the defendant's life 
or any period of time; 
"(2) for a Class B felony, not more than twenty-five years; 
"(3) for a Class C felony, not more than twelve years; 
"(4) for a Class D felony, not more than six years; 
"(5) for a Class E felony, not more than three years; 
"(6) for a Class A misdemeanor, not more than one year; 
"(7) for a Class B misdemeanor, not more than six months; 
"(8) for a Class C misdemeanor, not more than thirty days; 
and 
"(9) for an infraction, not more than five days. 
18 use 3582. 
"§ 3582. Imposition of a sentence of imprisonment 
"(a) FACTORS TO BE CONSIDERED IN IMPOSING A TERM OF IMPRISON-
MENT.—The court, in determining whether to impose a term of 
imprisonment, and, if a term of imprisonment is to be imposed, in 
determining the length of the term, shall consider the factors set 
forth in section 3553(a) to the extent that they are applicable, 
recognizing that imprisonment is not an appropriate means of 
promoting correction and rehabilitation. In determining whether to 
make a recommendation concerning the type of prison facility 
appropriate for the defendant, the court shall consider any perti-
nent policy statements issued by the Sentencing Commission pursu-
Post, p. 2019. 
ant to 28 U.S.C. 994(aX2). 
"(b) EFFECT OF FINAUTY OF JUDGMENT.—Notwithstanding the fact 
that a sentence to imprisonment can subsequently be— 
"(1) modified pursuant to the provisions of subsection (c); 
Post, p. 2015. 
"(2) corrected pursuant to the provisions of rule 35 and section 
Post, p. 2011. 
3742; or 
"(3) appealed and modified, if outside the guideline range, 
pursuant to the provisions of section 3742; 
a judgment of conviction that includes such a sentence constitutes a 
final judgment for all other purposes. 
"(c) MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT.—The 
court may not modify a term of imprisonment once it has been 
imposed except that— 
"(1) in any case— 
"(A) the court, upon motion of the Director of the Bureau 
of Prisons, may reduce the term of imprisonment, after 
considering the factors set forth in section 3553(a) to the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 1999 
extent that they are applicable, if it finds that extraordi-
nary and compelling reasons warrant such a reduction and 
that such a reduction is consistent with applicable policy 
statements issued by the Sentencing Commission; and 
"(B) the court may modify an imposed term, of imprison-
ment to the extent otherwise expressly permitted by statute 
or by Rule 35 of the Federal Rules of Criminal Procedure; 
Post, p. 2015. 
and 
"(2) in the case of a defendant who has been sentenced to a 
term of imprisonment based on a sentencing range that has 
subsequently been lowered by the Sentencing Commission pur-
suant to 28 U.S.C. 994(n), upon motion of the defendant or the 
Post, p. 2019. 
Director of the Bureau of Prisons, or on its own motion, the 
court may reduce the term of imprisonment, after considering 
the factors set forth in section 3553(a) to the extent that they 
are applicable, if such a reduction is consistent with applicable 
policy statements issued by the Sentencing Commission. 
"(d) INCLUSION OF AN ORDER TO LIMIT CRIMINAL ASSOCIATION OF 
ORGANIZED CRIME AND DRUG OFFENDERS.—The court, in imposing a 
sentence to a term of imprisonment upon a defendant convicted of a 
felony set forth in chapter 95 (racketeering) or 96 (racketeer influ-
enced and corrupt organizations) of this title or in the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 
et seq.), or at any time thereafter upon motion by the Director of the 
Bureau of Prisons or a United States attorney, may include as a part 
of the sentence an order that requires that the defendant not 
associate or communicate with a specified person, other than his 
attorney, upon a showing of probable cause to believe that associa-
tion or communication with such person is for the purpose of 
enabling the defendant to control, manage, direct, finance, or other-
wise participate in an illegal enterprise. 
"§ 3583. Inclusion of a term of supervised release after imprison- 
18 USC 3583. 
ment 
"(a) IN GENERAL.—The court, in imposing a sentence to a term of 
imprisonment for a felony or a misdemeanor, may include as a part 
of the sentence a requirement that the defendant be placed on a 
term of supervised release after imprisonment. 
"(b) AUTHORIZED TERMS OF SUPERVISED RELEASE.—The authorized 
terms of supervised release are— 
"(1) for a Class A or Class B felony, not more than three years; 
"(2) for a Class C or Class D felony, not more than two years; 
and 
"(3) for a Class E felony, or for a misdemeanor, not more than 
one year. 
"(c) FACTORS TO BE CONSIDERED IN INCLUDING A TERM OF SUPER-
VISED RELEASE.—The court, in determining whether to include a 
term of supervised release, and, if a term of supervised release is to 
be included, in determining the length of the term and the condi-
tions of supervised release, shall consider the factors set forth in 
section 3553 (a)(1), (a)(2)(B), (a)(2)(D), (a)(4), (a)(5), and (a)(6). 
"(d) CONDITIONS OF SUPERVISED RELEASE.—The court shall order, 
as an explicit condition of supervised release, that the defendant not 
commit another Federal, State, or local crime during the term of 
supervision. The court may order, as a further condition of super-
vised release, to the extent that such condition— 
"(1) is reasonably related to the factors set forth in section 
3553 (a)(1), (a)(2)(B), and (a)(2)(D); 
^8 STAT. 2000 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(2) involves no greater deprivation of liberty than is reason-
ably necessary for the purposes set forth in section 3553 (a)(2)(B) 
and (a)(2)(D); and 
"(3) is consistent with any pertinent policy statements issued 
Post, p. 2019. 
by the Sentencing Commission pursuant to 28 U.S.C. 994(a); 
any condition set forth as a discretionary condition of probation in 
section 3563 (b)(1) through (b)(10) and (b)(12) through (b)(19), and any 
other condition it considers to be appropriate. If an alien defendant 
is subject to deportation, the court may provide, as a condition of 
supervised release, that he be deported and remain outside the 
United States, and may order that he be delivered to a duly author-
ized immigration official for such deportation. 
"(e) MODIFICATION OF TERM OR CONDITIONS.—The court may, after 
considering the factors set forth in section 3553 (a)(1), (a)(2)(B), 
(a)(2)(D), (a)(4), (a)(5), and (a)(6)-
"(1) terminate a term of supervised release previously ordered 
and discharge the person released at any time after the expira-
tion of one year of supervised release, if it is satisfied that such 
action is warranted by the conduct of the person released and 
the interest of justice; 
"(2) after a hearing, extend a term of supervised release if less 
than the maximum authorized term was previously imposed, 
and may modify, reduce, or enlarge the conditions of supervised 
release, at any time prior to the expiration or termination of the 
term of supervised release, pursuant to the provisions applica-
ble to the initial setting of the terms and conditions of post-
release supervision; or 
"(3) treat a violation of a condition of a term of supervised 
release as contempt of court pursuant to section 401(3) of this 
title. 
"(f) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct 
that the probation officer provide the defendant with a written 
statement that sets forth all the conditions to which the term of 
supervised release is subject, and that is sufficiently clear and 
specific to serve as a guide for the defendant's conduct and for such 
supervision as is required. 
18 use 3584. 
"§ 3584. Multiple sentences of imprisonment 
"(a) IMPOSITION OF CONCURRENT OR CONSECUTIVE TERMS.—If multi-
ple terms of imprisonment are imposed on a defendant at the same 
time, or if a term of imprisonment is imposed on a defendant who is 
already subject to an undischarged term of imprisonment, the terms 
may run concurrently or consecutively, except that the terms may 
not run consecutively for an attempt and for another offense that 
was the sole objective of the attempt. Multiple terms of imprison-
ment imposed at the same time run concurrently unless the court 
orders or the statute mandates that the terms are to run consecu-
tively. Multiple terms of imprisonment imposed at different times 
run consecutively unless the court orders that the terms are to run 
concurrently. 
"(b) FACTORS TO BE CONSIDERED IN IMPOSING CONCURRENT OR 
CONSECUTIVE TERMS.—The court, in determining whether the terms 
imposed are to be ordered to run concurrently or consecutively, 
shall consider, as to each offense for which a term of imprisonment 
is being imposed, the factors set forth in section 3553(a). 
"(c) TREATMENT OF MULTIPLE SENTENCE AS AN AGGREGATE.—Mul-
tiple terms of imprisonment ordered to run consecutively or concur-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2001 
rently shall be treated for administrative purposes as a single, 
aggregate term of imprisonment. 
"§ 3585. Calculation of a term of imprisonment 
18 use 3585. 
"(a) COMMENCEMENT OF SENTENCE.—A sentence to a term of 
imprisonment commences on the date the defendant is received in 
custody awaiting transportation to, or arrives voluntarily to com-
mence service of sentence at, the official detention facility at which 
the sentence is to be served. 
"(b) CREDIT FOR PRIOR CUSTODY.—A defendant shall be given 
credit toward the service of a term of imprisonment for any time he 
has spent in official detention prior to the date the sentence com-
mences— 
"(1) as a result of the offense for which the sentence was 
imposed; or 
"(2) as a result of any other charge for which the defendant 
was arrested after the commission of the offense for which the 
sentence was imposed; 
that has not been credited against another sentence. 
"§ 3586. Implementation of a sentence of imprisonment 
18 use 3586. 
"The implementation of a sentence of imprisonment is governed 
by the provisions of subchapter C of chapter 229 and, if the sentence 
Post, p. 2007. 
includes a term of supervised release, by the provisions of subchap-
ter A of chapter 229. 
"CHAPTER 229—POSTSENTENCE 
ADMINISTRATION 
"Subchapter 
"A. Probation 
3601 
"B. Fines 
3611 
"C. Imprisonment 
3621 
"SUBCHAPTER A—PROBATION 
"3601. Supervision of probation. 
"3602. Appointment of probation officers. 
"3603. Duties of probation officers. 
"3604. Transportation of a probationer. 
"3605. Transfer of jurisdiction over a probationer. 
"3606. Arrest and return of a probationer. 
"3607. Special probation and expungement procedures for drug possessor. 
"SUBCHAPTER A—PROBATION 
"§ 3601. Supervision of probation 
18 use 3601. 
"A person who has been sentenced to probation pursuant to the 
provisions of subchapter B of chapter 227, or placed on probation 
Ante, p. 1992. 
pursuant to the provisions of chapter 403, or placed on supervised 
18 USC 5031 et 
release pursuant to the provisions of section 3583, shall, during the seq. 
term imposed, be supervised by a probation officer to the degree 
warranted by the conditions specified by the sentencing court. 
"§ 3602. Appointment of probation officers 
18 use 3602. 
"(a) APPOINTMENT.—A district court of the United States shall 
appoint qualified persons to serve, with or without compensation, as 
probation officers within the jurisdiction and under the direction of 
the court making the appointment. The court may, for cause, 
remove a probation officer appointed to serve with compensation, 
98 STAT. 2002 
PUBLIC LAW 98-473—OCT. 12, 1984 
and may, in its discretion, remove a probation officer appointed to 
serve without compensation. 
"(b) RECORD OF APPOINTMENT.—The order of appointment shall be 
entered on the records of the court, a copy of the order shall be 
delivered to the officer appointed, and a copy shall be sent to the 
Director of the Administrative Office of the United States Courts. 
"(c) CHIEF PROBATION OFFICER.—If the court appoints more than 
one probation officer, one may be designated by the court as chief 
probation officer and shall direct the work of all probation officers 
serving in the judicial district. 
18 use 3603. 
"§ 3603. Duties of probation officers 
. . 
"A probation officer shall— 
"(a) instruct a probationer or a person on supervised release, 
who is under his supervision, as to the conditions specified by 
the sentencing court, and provide him with a written statement 
clearly setting forth all such conditions; 
"(b) keep informed, to the degree required by the conditions 
specified by the sentencing court, as to the conduct and condi-
tion of a probationer or a person on supervised release, who is 
under his supervision, and report his conduct and condition to 
the sentencing court; 
"(c) use all suitable methods, not inconsistent with the condi-
tions specified by the court, to aid a probationer or a person on 
supervised release who is under his supervision, and to bring 
about improvements in his conduct and condition; 
"(d) be responsible for the supervision of any probationer or a 
person on supervised release who is known to be within the 
judicial district; 
"(e) keep a record of his work, and make such reports to the 
Director of the Administrative Office of the United States 
Courts as the Director may require; 
"(f) upon request of the Attorney General or his designee, 
supervise and furnish information about a person within the 
custody of the Attorney General while on work release, fur-
lough, or other authorized release from his regular place of 
confinement, or while in prerelease custody pursuant to the 
provisions of section 3624(c); 
"(g) keep informed concerning the conduct, condition, and 
compliance with any condition of probation, including the pay-
ment of a fine or restitution of each probationer under his 
supervision and report thereon to the court placing such person 
on probation and report to the court any failure of a probationer 
under his supervision to pay a fine in default within thirty days 
after notification that it is in default so that the court may 
determine whether probation should be revoked; and 
"(h) perform any other duty that the court may designate. 
18 use 3604. 
"§ 3604. Transportation of a probationer 
"A court, after imposing a sentence of probation, may direct a 
United States marshal to furnish the probationer with— 
;' ' 
"(a) transportation to the place to which he is required to 
proceed as a condition of his probation; and 
"(b) money, not to exceed such amount as the Attorney 
General may prescribe, for subsistence expenses while traveling 
to his destination. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2003 
"§ 3605. Transfer of jurisdiction over a probationer 
18 use 3605. 
"A court, after imposing a sentence, may transfer jurisdiction 
over a probationer or person on supervised release to the district 
court for any other district to which the person is required to 
proceed as a condition of his probation or release, or is permitted to, 
proceed, with the concurrence of such court. A later transfer of 
jurisdiction may be made in the same manner. A court to which 
jurisdiction is transferred under this section is authorized to exer-
cise all powers over the probationer or releasee that are permitted 
by this subchapter or subchapter B or D of chapter 227. 
Ante, pp. 1992, 
1998. 
"§ 3606. Arrest and return of a probationer 
18 use 3606. 
"If there is probable cause to believe that a probationer or a 
person on supervised release has violated a condition of his proba-
tion or release, he may be arrested, and, upon arrest, shall be taken 
without unnecessary delay before the court having jurisdiction over 
him. A probation officer may make such an arrest wherever the 
probationer or releasee is found, and may make the arrest without a 
warrant. The court having supervision of the probationer or relea-
see, or, if there is no such court, the court last having supervision of 
the probationer or releasee, may issue a warrant for the arrest of a 
probationer or releasee for violation of a condition of release, and a 
probation officer or United States marshal may execute the warrant 
in the district in which the warrant was issued or in any district in 
which the probationer or releasee is found. 
*
*
§ 3607. Special probation and expungement procedures for drug 
18 use 3607. 
possessors 
"(a) PRE-JUDGMENT PROBATION.—If a person found guilty of an 
offense described in section 404 of the Controlled Substances Act (21 
U.S.C. 844)— 
"(1) has not, prior to the commission of such offense, been 
convicted of violating a Federal or State law relating to con-
trolled substances; and 
"(2) has not previously been the subject of a disposition under 
this subsection; 
the court may, with the consent of such person, place him on 
probation for a term of not more than one year without entering a 
judgment of conviction. At any time before the expiration of the 
term of probation, if the person has not violated a condition of his 
probation, the court may, without entering a judgment of conviction, 
dismiss the proceedings against the person and discharge him from 
probation. At the expiration of the term of probation, if the person 
has not violated a condition of his probation, the court shall, without 
entering a judgment of conviction, dismiss the proceedings against 
the person and discharge him from probation. If the person violates 
a condition of his probation, the court shall proceed in accordance 
with the provisions of section 3565. 
"(b) RECORD OF DISPOSITION.—A nonpublic record of a disposition 
under subsection (a), or a conviction that is the subject of an 
expungement order under subsection (c), shall be retained by the 
Department of Justice solely for the purpose of use by the courts in 
determining in any subsequent proceeding whether a person quali-
fies for the disposition provided in subsection (a) or the expunge-
ment provided in subsection (c). A disposition under subsection (a), 
or a conviction that is the subject of an expungement order under 
98 STAT. 2004 
PUBLIC LAW 98-473—OCT. 12, 1984 
subsection (c), shall not be considered a conviction for the purpose of 
a disqualification or a disability imposed by law upon conviction of a 
crime, or for any other purpose. 
"(c) EXPUNGEMENT OF RECORD OF DISPOSITION.—If the case against 
a person found guilty of an offense under section 404 of the Con-
trolled Substances Act (21 U.S.C. 844) is the subject of a disposition 
under subsection (a), and the person was less than twenty-one years 
old at the time of the offense, the court shall enter an expungement 
order upon the application of such person. The expungement order 
shall direct that there be expunged from all official records, except 
the nonpublic records referred to in subsection (b), all references to 
his arrest for the offense, the institution of criminal proceedings 
against him, and the results thereof. The effect of the order shall be 
to restore such person, in the contemplation of the law, to the status 
he occupied before such arrest or institution of criminal proceedings. 
A person concerning whom such an order has been entered shall not 
be held thereafter under any provision of law to be guilty of perjury, 
false swearing, or making a false statement by reason of his failure 
to recite or acknowledge such arrests or institution of criminal 
proceedings, or the results thereof, in response to an inquiry made of 
him for any purpose. 
"SUBCHAPTER B-FINES 
"Sec. 
"3611. Payment of a fine. 
"3612. Collection of an unpaid fine. 
"3613. Civil remedies for satisfaction of an unpaid fine. 
"3614. Resentencing upon failure to pay a fine. 
"3615. Criminal default. 
"SUBCHAPTER B—FINES 
18 use 3611. 
"§ 3611. Payment of a fine 
"A person who has been sentenced to pay a fine pursuant to the 
Ante, p. 1995. 
provisions of subchapter C of chapter 227 shall pay the fine immedi-
ately, or by the time and method specified by the sentencing court, 
to the cleric of the court. The clerk shall forward the payment to the 
United States Treasury. 
18 use 3612. 
"§ 3612. Collection of an unpaid fine 
"(a) DISPOSITION OF PAYMENT.—The clerk shall forward each fine 
payment to the United States Treasury and shall notify the Attor-
nev General of its receipt within ten working days. 
(b) CERTIFICATION OF IMPOSITION.—If a fine exceeding $100 is 
imposed, modified, or remitted, the sentencing court shall incorpo-
rate in the order imposing, remitting, or modifying such fine, and 
promptly certify to the Attorney General— 
"(1) the name of the person fined; 
"(2) his current address; 
"(3) the docket number of the case; 
"(4) the amount of the fine imposed; 
"(5) any installment schedule; 
"(6) the nature of any modification or remission of the fine or 
installment schedule; and 
"(7) the amount of the fine that is due and unpaid. 
"(c) RESPONSIBIUTY FOR COLLECTION.—The Attorney General shall 
be responsible for collection of an unpaid fine concerning which a 
certification has been issued as provided in subsection (b). An order 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2005 
of restitution, pursuant to section 3556, does not create any right of 
action against the United States by the person to whom restitution 
is ordered to be paid. 
"(d) NOTIFICATION OF DELINQUENCY.—Within ten working days 
after a fine is determined to be dehnquent as provided in section 
3572(i), the Attorney General shall notify the person whose fine is 
delinquent, by certified mail, to inform him that the fine is 
delinquent. 
"(e) NOTIFICATION OF DEFAULT.—Within ten working days after a 
fine is determined to be in default as provided in section 3572(j), the 
Attorney General shall notify the person defaulting, by certified 
mail, to inform him that the fine is in default and the entire unpaid 
balance, including interest and penalties, is due within thirty days. 
"(f) INTEREST, MONETARY PENALTIES FOR DEUNQUENCY, AND DE-
FAULT.—Upon a determination of willful nonpayment, the court 
may impose the following interest and monetary penalties: 
"(1) INTEREST.—Notwithstanding any other provision of law, 
interest at the rate of 1 per centum per month, or 12 per centum 
per year, shall be charged, beginning the thirty-first day after 
sentencing on the first day of each month during which any fine 
balance remains unpaid, including sums to be paid pursuant to 
an installment schedule. 
"(2) MONETARY PENALTIES FOR DEUNQUENT FINES.—Notwith-
standing any other provision of law, a penalty sum equal to 10 
per centum shall be charged for any portion of a criminal fine 
which has become delinquent. The Attorney General may waive Waiver, 
all or part of the penalty for good cause. 
"§ 3613. Civil remedies for satisfaction of an unpaid Hne 
18 use 3613. 
"(a) LIEN.—A fine imposed pursuant to the provisions of subchap-
ter C of chapter 227 is a lien in favor of the United States up|on all 
Ante, p. 1995. 
property belonging to the person fined. The lien arises at the time of 
the entry of the judgment and continues until the liability is satis-
fied, remitted, or set aside, or until it becomes unenforceable pursu-
ant to the provisions of subsection (b). On application of the person 
fined, the Attorney General shall— 
"(1) issue a certificate of release, as described in section 6325 
of the Internal Revenue Code, of any lien imposed pursuant to 
26 use 6325. 
this section, upon his acceptance of a bond described in section 
6325(aX2) of the Internal Revenue Code; or 
"(2) issue a certificate of discharge, as described in section 
6325 of the Internal Revenue Code, of any part of the person's 
property subject to a lien imposed pursuant to this section, upon 
his determination that the fair market value of that part of 
such property remaining subject to and available to satisfy the 
lien is at least three times the amount of the fine. 
"(b) EXPIRATION OF LIEN.—A lien becomes unenforceable and 
liabilitv to pay a fine expires— 
(1) twenty years after the entry of the judgment; or 
"(2) upon the death of the individual fined. 
The period set forth in paragraph (1) may be extended, prior to its 
expiration, by a written agreement between the person fined and 
the Attorney General. The running of the period set forth in para-
graph (1) is suspended during any interval for which the running of 
the period of limitations for collection of a tax would be suspended 
pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(aXlXI) of 
the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f), 
98 STAT. 2006 
PUBLIC LAW 98-473—OCT. 12, 1984 
6503(i), or 7508(a)(lXI)), or section 513 of the Act of October 17, 1940, 
50 use app. 573. 54 Stat. 1190. 
"(c) APPUCATION OF OTHER LIEN PROVISIONS.—The provisions of 
sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 
6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 
7805 of the Internal Revenue Code of 1954 (26 U.S.C. 6323, 6331, 
6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 
7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805) and of section 
513 of the Act of October 17, 1940, 54 Stat. 1190, apply to a fine and 
to the lien imposed by subsection (a) as if the liability of the person 
fined were for an internal revenue tax assessment, except to the 
extent that the application of such statutes is modified by regula-
tions issued by the Attorney General to accord with differences in 
the nature of the liabilities. For the purposes of this subsection, 
references in the preceding sections of the Internal Revenue Code of 
26 use 1 et seq. 1954 to 'the Secretary' shall be construed to mean 'the Attorney 
General,' and references in those sections to 'tax' shall be construed 
to mean'fine.' 
"(d) EFFECT OF NOTICE OF LIEN.—A notice of the lien imposed by 
subsection (a) shall be considered a notice of lien for taxes payable to 
the United States for the purposes of any State or local law provid-
ing for the filing of a notice of a tax lien. The registration, recording, 
docketing, or indexing, in accordance with 28 U.S.C. 1962, of the 
judgment under which a fine is imposed shall be considered for all 
purposes as the filing prescribed by section 6323(fKlXA) of thie 
Internal Revenue Code of 1954 (26 U.S.C. 6323(fKlXA)) and by sub-
section (c). 
"(e) ALTERNATIVE ENFORCEMENT.—Notwithstanding any other 
provision of this section, a judgment imposing a fine may be en-
forced by execution against the property of the person fined in like 
manner as judgments in civil cases, but in no event shall liability for 
payment of a fine extend beyond the period specified in subsection 
(b). 
"(f) DISCHARGE OF DEBTS INAPPUCABLE.—No discharge of debts 
pursuant to a bankruptcy proceeding shall render a lien under this 
section unenforceable or discharge liability to pay a fine. 
18 use 3614. 
"§ 3614. Resentencing upon failure to pay a Hne 
"(a) RESENTENCING.—Subject to the provisions of subsection (b), if 
a defendant knowingly fails to pay a delinquent fine the court may 
resentence the defendant to any sentence which might originally 
have been imposed. 
"flb) IMPRISONMENT.—The defendant may be sentenced to a term of 
imprisonment under subsection (a) only if the court determines 
that— 
"(1) the defendant willfully refused to pay the delinquent fine 
or had fsdled to make sufficient bona fide efforts to pay the fine; 
or 
"(2) in light of the nature of the offense and the characteris-
tics of the person, alternatives to imprisonment are not ade-
quate to serve the purposes of punishment and deterrence. 
18 use 3615 
"§ 3615. Criminal default 
"Whoever, having been sentenced to pay a fine, willfully fails to 
pay the fine, shall be fined not more than twice the amount of the 
unpaid balance of the fine or $10,000, whichever is greater, impris-
oned not more than one year, or both. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2007 
"SUBCHAPTER C-IMPRISONMENT 
"3621. Imprisonment of a convicted person. 
"3622. Temporary relesise of a prisoner. 
"3623. Transfer of a prisoner to State authority. 
"3624. Release of a prisoner. 
"3625. Inapplicability of the Administrative Procedure Act. 
"SUBCHAPTER C—IMPRISONMENT 
"§ 3621. Imprisonment of a convicted person 
18 use 3621. 
"(a) COMMITMENT TO CUSTODY OF BUREAU OF PRISONS.—A person 
who has been sentenced to a term of imprisonment pursuant to the 
provisions of subchapter D of chapter 227 shall be committed to the 
Ante, p. 1998. 
custody of the Bureau of Prisons until the expiration of the term 
imposed, or until earlier released for satisfactory behavior pursuant 
to the provisions of section 3624. 
"(b) PLACE OF IMPRISONMENT.—The Bureau of Prisons shall desig-
nate the place of the prisoner's imprisonment. The Bureau may 
designate any available penal or correctional facility that meets 
minimum standards of health and habitability established by the 
Bureau, whether maintained by the Federal Government or other-
wise and whether within or without the judicial district in which the 
person was convicted, that the Bureau determines to be appropriate 
and suitable, considering— 
"(1) the resources of the facility contemplated; 
"(2) the nature and circumstances of the offense; 
"(3) the history and characteristics of the prisoner; 
"(4) any statement by the court that imposed the sentence— 
"(A) concerning the purposes for which the sentence to 
imprisonment was determined to be warranted; or 
"(B) recommending a type of penal or correctional facility 
as appropriate; and 
"(5) any pertinent policy statement issued by the Sentencing 
Commission pursuant to section 994(a)(2) of title 28. 
Post, p. 2019. 
The Bureau may at any time, having regard for the same matters, 
direct the transfer of a prisoner from one penal or correctional 
facility to another. 
"(c) DEUVERY OF ORDER OF COMMITMENT.—When a prisoner, pur-
suant to a court order, is placed in the custody of a person in charge 
of a penal or correctional facility, a copy of the order shall be 
delivered to such person as evidence of this authority to hold the 
prisoner, and the original order, with the return endorsed thereon, 
shall be returned to the court that issued it. 
"(d) DEUVERY OF PRISONER FOR COURT APPEARANCES.—The United 
States marshal shall, without charge, bring a prisoner into court or 
return him to a prison facility on order of a court of the United 
States or on written request of an attorney for the Government. 
"§ 3622. Temporary release of a prisoner 
18 use 3622. 
"The Bureau of Prisons may release a prisoner from the place of 
his imprisonment for a limited period if such release appears to be 
consistent with the purpose for which the sentence was imposed and 
any pertinent policy statement issued by the Sentencing Commis-
sion pursuant to 28 U.S.C. 994(aX2), if such release otherwise ap- 
Post, p. 2019. 
pears to be consistent with the public interest and if there is 
reasonable cause to believe that a prisoner will honor the trust to be 
98 STAT. 2008 
PUBLIC LAW 98-473—OCT. 12, 1984 
imposed in him, by authorizing him, under prescribed conditions, 
to— 
"(a) visit a designated place for a period not to exceed thirty 
days, and then return to the same or another facihty, for the 
purpose of— 
"(1) visiting a relative who is dying; 
"(2) attending a funeral of a relative; 
"(3) obtaining medical treatment not otherwise available; 
"(4) contacting a prospective employer; 
"(5) establishing or reestablishing family or community 
ties; or 
"(6) engaging in any other significant activity consistent 
, 
with the public interest; 
"(b) participate in a training or educational program in the 
community while continuing in official detention at the prison 
facility; or 
"(c) work at paid employment in the community while con-
tinuing in official detention at the penal or correctional facility 
if— 
"(1) the rates of pay and other conditions of employment 
will not be less than those paid or provided for work of a 
similar nature in the community; and 
"(2) the prisoner agrees to pay to the Bureau such costs 
incident to official detention as the Bureau finds appropri-
ate and reasonable under all the circumstances, such costs 
to be collected by the Bureau and deposited in the Treasury 
to the credit of the appropriation available for such costs at 
the time such collections are made. 
18 use 3623. 
"§ 3623. Transfer of a prisoner to State authority 
"The Director of the Bureau of Prisons shall order that a prisoner 
who has been charged in an indictment or information with, or 
convicted of, a State felony, be transferred to an official detention 
facility within such State prior to his release from a Federal prison 
facility i
f
— 
"(1) the transfer has been requested by the Governor or other 
executive authority of the State; 
"(2) the State has presented to the Director a certified copy of 
the indictment, information, or judgment of conviction; and 
"(3) the Director finds that the transfer would be in the public 
interest. 
If more than one request is presented with respect to a prisoner, the 
Director shall determine which request should receive preference. 
The expenses of such transfer shall be borne by the State requesting 
the transfer. 
18 use 8624. 
"§ 3624. Release of a prisoner 
"(a) DATE OF RELEASE.—A prisoner shall be released by the 
Bureau of Prisons on the date of the expiration of his term of 
imprisonment, less any time credited toward the service of his 
sentence as provided in subsection (b). If the date for a prisoner's 
release falls on a Saturday, a Sunday, or a legal holiday at the place 
of confinement, the prisoner may be released by the Bureau on the 
last preceding weekday. 
"(b) CREDIT TOWARD SERVICE OF SENTENCE FOR SATISFACTORY BE-
HAVIOR.—A prisoner who is serving a term of imprisonment of more 
than one year, other than a term of imprisonment for the duration 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2009 
of his life, shall receive credit toward the service of his sentence, 
beyond the time served, of fifty-four days at the end of each year of 
his term of imprisonment, beginning after the first year of the term, 
unless the Bureau of Prisons determines that, during that year, he 
has not satisfactorily complied with such institutional disciplinary 
regulations as have been approved by the Attorney General and 
issued to the prisoner. If the Bureau determines that, during that 
year, the prisoner has not satisfactorily complied with such institu-
tional regulations, he shall receive no such credit toward service of 
his sentence or shall receive such lesser credit as the Bureau 
determines to be appropriate. The Bureau's determination shall be 
made within fifteen days after the end of each year of the sentence. 
Such credit toward service of sentence vests at the time that it is 
received. Credit that has vested may not later be withdrawn, and 
credit that has not been earned may not later be granted. Credit for 
the last year or portion of a year of the term of imprisonment shall 
be prorated and credited within the last six weeks of the sentence. 
"(c) PRE-RELEASE CUSTODY.—The Bureau of Prisons shall, to the 
extent practicable, assure that a prisoner serving a term of impris-
onment spends a reasonable part, not to exceed six months, of the 
last 10 per centum of the term to be served under conditions that 
will afford the prisoner a reasonable opportunity to adjust to and 
prepare for his re-entry into the community. The United States 
Probation System shall, to the extent practicable, offer assistance to 
a prisoner during such pre-release custody. 
"(d) ALLOTMENT OF CLOTHING, FUNDS, AND TRANSPORTATION.— 
Upon the release of a prisoner on the expiration of his term of 
imprisonment, the Bureau of Prisons shall furnish him with— 
"(1) suitable clothing; 
"(2) an amount of money, not more than $500, determined by 
the Director to be consistent with the needs of the offender and 
the public interest, unless the Director determines that the 
financial position of the offender is such that no sum should be 
furnished; and 
"(3) transportation to the place of his conviction, to his bona 
fide residence within the United States, or to such other place 
within the United States as may be authorized by the Director. 
"(e) SUPERVISION AFTER RELEASE.—A prisoner whose sentence 
includes a term of supervised release after imprisonment shall be 
released by the Bureau of Prisons to the supervision of a probation 
officer who shall, during the term imposed, supervise the person 
released to the degree warranted by the conditions specified by the 
sentencing court. The term of supervised release commences on the 
day the person is released from imprisonment. The term runs 
concurrently with any Federal, State, or local term of probation or 
supervised release or parole for another offense to which the person 
is subject or becomes subject during the term of supervised release, 
^ 
except that it does not run during any period in which the person is 
imprisoned, other than during limited intervals as a condition of 
probation or supervised release, in connection with a conviction for 
a Federal, State, or local crime. No prisoner shall be released on 
supervision unless such prisoner agrees to adhere to an installment 
schedule, not to exceed two years except in special circumstances, to 
pay for any fine imposed for the offense committed by such prisoner. 
98 STAT. 2010 
PUBLIC LAW 98-473—OCT. 12, 1984 
18 use 3625. 
"§ 3625. Inapplicability of the Administrative Procedure Act 
"The provisions of sections 554 and 555 and 701 through 706 of 
title 5, United States Code, do not apply to the making of any 
determination, decision, or order under this subchapter."; 
18 use 3663. 
(3) in section 3663 (formerly section 3579): 
(A) by amending subsection (g) to read as follows: 
"(g) If such defendant is placed on probation or sentenced to a 
term of supervised release under this title, any restitution ordered 
under this section shall be a condition of such probation or super-
vised release. The court may revoke probation, or modify the term 
or conditions of a term of supervised release, or hold a defendant in 
contempt pursuant to section 3583(e) if the defendant fails to comply 
with such order. In determining whether to revoke probation, 
modify the term or conditions of supervised release, or hold a 
defendant serving a term of supervised release in contempt, the 
court shall consider the defendant's employment status, earning 
ability, financial resources, the willfulness of the defendant's failure 
to pay, and any other special circumstances that may have a bearing 
on the defendant's ability to pay."; and 
(B) by amending subsection (h) to read as follows: 
"(h) An order of restitution may be enforced by the United States 
in the manner provided in sections 3812 and 3813 or in the same 
manner as a judgment in a civil action, and by the victim named in 
the order to receive the restitution in the same manner as a 
judgment in a civil action."; 
(4) adding the following new section at the end of chapter 232: 
18 use 3673. 
"§ 3673. Definitions for sentencing provisions 
Ante, pp. 1987, 
"As used in chapters 227 and 229— 
2001. 
"(a) 'found guilty' includes acceptance by a court of a plea of 
guilty or nolo contendere; 
"Oa) 'commission of an offense' includes the attempted com-
mission of an offense, the consummation of an offense, and any 
immediate flight after the commission of an offense; and 
"(c) 'law enforcement officer' means a public servant author-
ized by law or by a government agency to engage in or supervise 
the prevention, detection, investigation, or prosecution of an 
offense."; and 
(5) adding the following caption and sectional analysis at the 
beginning of new chapter 232: 
"CHAPTER 232—MISCELLANEOUS SENTENCING 
PROVISIONS 
"Sec. 
"3661. Use of information for sentencing. 
"3662. Conviction records. 
"3663. Order of restitution. 
"3664. Procedure for issuing order of restitution. 
"3665. Firearms possessed by convicted felons. 
"3666. Bribe moneys. 
"3667. Liquors and related property; definitions. 
"3668. Remission or mitigation of forfeitures under liquor laws; possession pending 
trial. 
"3669. Conveyance carrying liquor. 
"3670. Disposition of conveyances seized for violation of the Indian liquor laws. 
"3671. Vessels carrying explosives and steerage passengers. 
"3672. Duties of Director of Administrative Office of the United States Courts. 
"3673. Detlnitions for sentencing provisions.". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2011 
(b) The chapter analysis of part II of title 18, United States Code, 
is amended by striking out the items relating to chapters 227, 229, 
and 231, and inserting in lieu thereof the following: 
"227. Sentences 
3551 
"229. Post-Sentence Administration 
3601 
"231. Repealed 
"232. Miscellaneous Sentencing Provisions 
3661". 
SEC. 213. (a) Chapter 235 of title 18, United States Code, is 
amended by adding the following new section at the end thereof: 
"§ 3742. Review of a sentence 
18 use 3742. 
"(a) APPEAL BY A DEFENDANT.—A defendant may file a notice of 
appeal in the district court for review of an otherwise final sentence 
if the sentence— 
"(1) was imposed in violation of law; 
"(2) was imposed as a result of an incorrect application of the 
sentencing guidelines issued by the Sentencing Commission 
pursuant to 28 U.S.C. 994(a); or 
Post, p. 2019. 
"(3) was imposed for an offense for which a sentencing guide-
line has been issued by the Sentencing Commission pursuant to 
28 U.S.C. 994(a)(1), and the sentence is greater than— 
"(A) the sentence specified in the applicable guideline to 
the extent that the sentence includes a greater fine or term 
of imprisonment or term of supervised release than the 
maximum established in the guideline, or includes a more 
limiting condition of probation or supervised release under 
section 3563 (b)(6) or (b)(ll) than the maximum established 
in the guideline; and 
"(B) the sentence specified in a plea agreement, if any, 
under Rule 11 (eXl)(B) or (e)(1)(C) of the Federal Rules of 
Criminal Procedure; or 
18 USC app. 
"(4) was imposed for an offense for which no sentencing 
guideline has been issued by the Sentencing Commission pursu-
ant to 28 U.S.C. 994(a)(1) and is greater than the sentence 
specified in a plea agreement, if any, under Rule 11 (e)(1)(B) or 
(e)(1)(C) of the Federal Rules of Criminal Procedure. 
"(b) APPEAL BY THE GOVERNMENT.—The Government may file a 
notice of appeal in the district court for review of an otherwise final 
sentence if the sentence— 
"(1) was imposed in violation of law; 
"(2) was imposed as a result of an incorrect application of the 
sentencing guidelines issued by the Sentencing Commission 
pursuant to 28 U.S.C. 994(a); 
"(3) was imposed for an offense for which a sentencing guide-
line has been issued by the Sentencing Commission pursuant to 
28 U.S.C. 994(a)(1), and the sentence is less than— 
"(A) the sentence specified in the applicable guideline to 
the extent that the sentence includes a lesser fine or term 
of imprisonment or term of supervised release than the 
minimum established in the guideline, or includes a less 
limiting condition of probation or supervised release under 
section 3563 (b)(6) or (bXll) than the minimum established 
in the guideline; and 
"(B) the sentence specified in a plea agreement, if any, 
under Rule 11 (eXlXB) or (eXlXO of the Federal Rules of 
Criminal Procedure; or 
98 STAT. 2012 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(4) was imposed for an offense for which no sentencing 
guideline has been issued by the Sentencing Commission pursu-
Post, p. 2019. 
ant to 28 U.S.C. 994(a)(1) and is less than the sentence specified 
in a plea agreement, if any, under Rule 11 (eXl)(B) or (e)(1)(G) of 
18 use app. 
the Federal Rules of Criminal Procedure; 
and the Attorney General or the Solicitor General personally 
approves the filing of the notice of appeal. 
"(c) RECORD ON REVIEW.—If a notice of appeal is filed in the 
district court pursuant to subsection (a) or (b), the clerk shall certify 
to the court of appeals— 
"(1) that portion of the record in the case that is designated as 
pertinent by either of the parties; 
"(2) the presentence report; and 
"(3) the information 
submitted 
during the 
sentencing 
proceeding. 
"(d) CONSIDERATION.—Upon review of the record, the court of 
appeals shall determine whether the sentence— 
"(1) was imposed in violation of law; 
"(2) was imposed as a result of an incorrect application of the 
sentencing guidelines; or 
"(3) is outside the range of the applicable sentencing guide-
line, and is unreasonable, having regard for— 
"(A) the factors to be considered in imposing a sentence. 
Ante, p. 1987. 
as set forth in chapter 227 of this title; and 
"(B) the reasons for the imposition of the particular 
sentence, as stated by the district court pursuant to the 
provisions of section 3553(c). 
The court of appeals shall give due regard to the opportunity of the 
district court to judge the credibility of the witnesses, and shall 
accept the findings of fact of the district court unless they are 
clearly erroneous. 
"(e) DECISION AND DISPOSITION.—If the court of appeals determines 
that the sentence— 
"(1) was imposed in violation of law or imposed as a result of 
an incorrect application of the sentencing guidelines, it shall— 
"(A) remand the case for further sentencing proceedings; 
or 
"(B) correct the sentence; 
"(2) is outside the range of the applicable sentencing guideline 
and is unreasonable, it shall state specific reasons for its conclu-
sions and— 
"(A) if it determines that the sentence is too high and the 
appeal has been filed under subsection (a), it shall set aside 
the sentence and— 
"(i) remand the case for imposition of a lesser 
sentence; 
"(ii) remand the case for further sentencing proceed-
ings; or 
"(iii) impose a lesser sentence; 
"(B) if it determines that the sentence is too low and the 
appeal has been filed under subsection (b), it shall set aside 
the sentence and— 
"(i) remand the case for imposition of a greater 
sentence; 
"(ii) remand the case for further sentencing proceed-
ings; or 
"(iii) impose a greater sentence; or 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2013 
"(3) was not imposed in violation of law or imposed as a result 
of an incorrect application of the sentencing guidelines, and is 
not unreasonable, it shall affirm the sentence.". 
(b) The sectional analysis of chapter 235 of title 18, United States 
Code, is amended by adding the following new item after the item 
relating to section 3741: 
"3742. Review of a sentence.". 
SEC. 214. Chapter 403 of title 18, United States Code is amended as 
follows: 
(a) Section 5037 is amended— 
Children and 
(1) by redesignating subsection (c) as subsection (d); and 
youth. 
(2) by striking out subsections (a) and (b) and inserting the 
^^ ^^ ^^^'^• 
following new subsections in lieu thereof: 
"(a) If the court finds a juvenile to be a juvenile delinquent, the 
court shall hold a disposition hearing concerning the appropriate 
disposition no later than ,twenty court days after the juvenile delin-
quency hearing unless the court has ordered further study pursuant 
to subsection (e). After the disposition hearing, and after considering 
any pertinent policy statements promulgated by the Sentencing 
Commission pursuant to 28 U.S.C. 994, the court may suspend the 
Post, p. 2019. 
findings of juvenile delinquency, enter an order of restitution pursu-
ant to section 3556, place him on probation, or commit him to 
official detention. With respect to release or detention pending an 
appeal or a petition for a writ of certiorari after disposition, the 
court shall proceed pursuant to the provisions of chapter 207. 
Ante, pp. 1976, 
"(h) The term for which probation may be ordered for a juvenile 
l^^^-
found to be a juvenile delinquent may not extend— 
"(1) in the case of a juvenile who is less than eighteen years 
old, beyond the lesser o
f
— 
"(A) the date when the juvenile becomes twenty-one 
years old; or 
"(B) the maximum term that would be authorized by 
section 3561(b) if the juvenile had been tried and convicted 
as an adult; or 
"(2) in the case of a juvenile who is between eighteen and 
twenty-one years old, beyond the lesser o
f
— 
"(A) three years; or 
"(B) the maximum term that would be authorized by 
section 3561(b) if the juvenile had been tried and convicted 
as an adult. 
The provisions dealing with probation set forth in sections 3563, 
3564, and 3565 are applicable to an order placing a juvenile on 
probation. 
"(c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend— 
"(1) in the case of a juvenile who is less than eighteen years 
old, beyond the lesser o
f
— 
"(A) the date when the juvenile becomes twenty-one 
years old; or 
"(B) the maximum term of imprisonment that would be 
authorized by section 35810^) if the juvenile had been tried 
and convicted as an adult; or 
"(2) in the case of a juvenile who is between eighteen and 
twenty-one years old— 
"(A) who if convicted as an adult would be convicted of a 
Class A, B, or C felony, beyond five years; or 
98 STAT. 2014 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(B) in any other case beyond the lesser of^ 
"(i) three years; or 
"(ii) the maximum term of imprisonment that would 
be authorized by section 3581(b) if the juvenile had 
been tried and convicted as an adult.". 
Repeal. 
(b) Section 5041 is repealed. 
18 use 5041. 
(c) Section 5042 is amended by— 
18 use 5042. 
Q) striking out "parole or" each place it appears in the 
caption and text; and 
(2) striking out "parolee or", 
(d) The sectional analysis is amended by striking out the items 
relating to sections 5041 and 5042 and inserting in lieu thereof the 
following: 
"5041. Repealed. 
"5042. Revocation of Probation.". 
18 use app. 
SEC. 215. The Federal Rules of Criminal Procedure are amended 
as follows: 
(a) Rule 32 is amended— 
(1) by deleting subdivision (aXD and inserting in lieu thereof 
the following: 
"(1) IMPOSITION OF SENTENCE.—Sentence shall be imposed without 
unnecessary delay, but the court may, upon a motion that is jointly 
filed by the defendant and by the attorney for the Government and 
that asserts a factor important to the sentencing determination is 
not capable of being resolved at that time, postpone the imposition 
of sentence for a reasonable time until the factor is capable of being 
resolved. Prior to the sentencing hearing, the court shall provide the 
counsel for the defendant and the attorney for the Government with 
notice of the probation officer's determination, pursuant to the 
provisions of subdivision (cX2XB), of the sentencing classifications 
and sentencing guideline range believed to be applicable to the case. 
At the sentencing hearing, the court shall afford the counsel for the 
defendant and the attorney for the Government an opportunity to 
comment upon the probation officer's determination and on other 
matters relating to the appropriate sentence. Before imposing sen-
tence, the court shall also— 
"(A) determine that the defendant and his counsel have had 
the opportunity to read and discuss the presentence investiga-
tion report made available pursuant to subdivision (cX3XA) or 
summary thereof made available pursuant to subdivision 
(CX3XB); 
"(B) afford counsel for the defendant an opportunity to speak 
on behalf of the defendant; and 
"(C) address the defendant personally and ask him if he 
wishes to make a statement in his own behalf and to present 
any information in mitigation of the sentence. 
The attorney for the Government shall have an equivalent opportu-
nity to speak to the court. Upon a motion that is jointly filed by the 
defendant and by the attorney for the Government, the court may 
hear in camera such a statement by the defendant, counsel for the 
defendant, or the attorney for the Government."; 
(2) in subdivision (aX2), by adding ", including any right to 
appeal the sentence," after "right to appeal" in the first 
sentence; 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2015 
(3) in subdivision (aX2), by adding ", except that the court 
shall advise the defendant of any right to appeal his sentence" 
after "nolo contendere" in the second sentence; 
(4) by amending the first sentence of subdivision (c)(1) to read 
as follows: 
"A probation officer shall make a presentence investigation and 
report to the court before the imposition of sentence unless the court 
finds that there is in the record information sufficient to enable the 
meaningful exercise of sentencing authority pursuant to 18 U.S.C. 
3553, and the court explains this finding on the record."; 
(5) by amending subdivision (c)(2) to read as follows: 
"(2) REPORT.—The report of the presentence investigation shall 
contain— 
"(A) information about the history and characteristics of the 
defendant, including his prior criminal record, if any, his finan-
cial condition, and any circumstances affecting his behavior 
that may be helpful in imposing sentence or in the correctional 
treatment of the defendant; 
"(B) the classification of the offense and of the defendant 
under the categories established by the Sentencing Commission 
pursuant to section 994(a) of title 28, that the probation officer 
Post, p. 2019. 
believes to be applicable to the defendant's case; the kinds of 
sentence and the sentencing range suggested for such a category 
of offense committed by such a category of defendant as set 
forth in the guidelines issued by the Sentencing Commission 
pursuant to 28 U.S.C. 994(aXl); and an explanation by the 
probation officer of any factors that may indicate that a sen-
tence of a different kind or of a different length than one within 
the applicable guideline would be more appropriate under all 
the circumstances; 
"(C) any pertinent policy statement issued by the Sentencing 
Commission pursuant to 28 U.S.C. 994(aX2); 
"(D) verified information stated in a nonargumentative style 
containing an assessment of the financial, social, psychological, 
and medical impact upon, and cost to, any individual against 
whom the offense has been committed; 
"(E) unless the court orders otherwise, information concern-
ing the nature and extent of nonprison programs and resources 
available for the defendant; and 
"(F) such other information as may be required by the court."; 
(6) in subdivision (cX3XA), by deleting "exclusive of any rec-
ommendations as to sentence" and inserting in lieu thereof 
", including the information required by subdivision (cX2) but 
not including any final recommendation as to sentence,"; 
(7) in subdivision (cX3XD), delete "or the Parole Commission"; 
(8) in subdivision (c)(3XF), delete "or the Parole Commission 
pursuant to 18 U.S.C. §§ 4205(c), 4252, 5010(e), or 5037(c)" and 
substitute "pursuant to 18 U.S.C. § 3552(b)"; and 
(9) by deleting "imposition of sentence is suspended, or dispo-
sition is had under 18 U.S.C. § 4205(c)," in subdivision (d). 
(b) Rule 35 is amended to read as follows: 
18 use app. 
"Rule 35. Correction of Sentence 
"(a) CORRECTION OF A SENTENCE ON REMAND.—The court shall 
correct a sentence that is determined on appeal under 18 U.S.C. 3742 Ante, p. 2011. 
to have been imposed in violation of law, to have been imposed as a 
98 STAT. 2016 
PUBLIC LAW 98-473—OCT. 12, 1984 
result of an incorrect application of the sentencing guidelines, or to 
be unreasonable, upon remand of the case to the court— 
"(1) for imposition of a sentence in accord with the findings of 
the court of appeals; or 
"(2) for further sentencing proceedings if, after such pro-
ceedings, the court determines that the original sentence was 
incorrect. 
"(b) CORRECTION OF SENTENCE FOR CHANGED CIRCUMSTANCES.— 
The court, on motion of the Government, may within one year after 
the imposition of a sentence, lower a sentence to reflect a defend-
ant's subsequent, substantial assistance in the investigation or pros-
ecution of another person who has committed an offense, to the 
extent that such assistance is a factor in applicable guidelines or 
policy statements issued by the Sentencing Commission pursuant to 
Post, p. 2019. 
28 U.S.C. 994(a).". 
l8USCapp. 
(c) Rule 38 is amended— 
(1) by amending the caption to read: "Stay of Execution" and 
deleting "(a) Stay of Execution."; 
(2) by deleting subdivisions (b) and (c); 
(3) by redesignating subdivisions (a)(1) through (a)(4) as sub-
divisions (a) through (d), respectively; 
(4) in subdivision (a), by adding "from the conviction or 
sentence" after "is taken"; 
(5) in the first sentence of subdivision (b), by adding "from the 
conviction or sentence" after "is taken"; 
(6) by amending subdivision (d) to read as follows: 
"(d) PROBATION.—A sentence of probation may be stayed if an 
appeal from the conviction or sentence is taken. If the sentence is 
stayed, the court shall fix the terms of the stay."; and 
(7) by adding new subdivisions (e) and (f) as follows: 
"(e) 
CRIMINAL FORFEITURE, NOTICE TO VICTIMS, AND RESTITU-
TION.—A sanction imposed as part of the sentence pursuant to 18 
U.S.C. 3554, 3555, or 3556 may, if an appeal of the conviction or 
sentence is taken, be stayed by the district court or by the court of 
appeals upon such terms as the court finds appropriate. The court 
may issue such orders as may be reasonably necessary to ensure 
compliance with the sanction upon disposition of the appeal, includ-
ing the entering of a restraining order or an injunction or requiring 
a deposit in whole or in part of the monetary amount involved into 
the registry of the district court or execution of a performance bond. 
"(f) DiSABiUTiES.—A civil or employment disability arising under 
a Federal statute by reason of the defendant's conviction or sen-
tence, may, if an appeal is taken, be stayed by the district court or 
by the court of appeals upon such terms as the court finds appropri-
ate. The court may enter a restraining order or an injunction, or 
take any other action that may be reasonably necessary to protect 
the interest represented by the disability pending disposition of the 
appeal.". 
18 use app. 
(d) Rule 40 is amended by deleting "3653" in subdivision (dXl) and 
inserting in lieu thereof "3605". 
18 use app. 
(e) Rule 54 is amended by amending the definition of "Petty 
offense" in subdivision (c) to read as follows: " 'Petty offense' means 
a class B or C misdemeanor or an infraction.". 
18 use app. 
(f) Rule 6(e)(3)(C) is amended by adding the following subdivision: 
"(iv) when permitted by a court at the request of an 
attorney for the government, upon a showing that such 
matters may disclose a violation of state criminal law, to an 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2017 
appropriate official of a state or subdivision of a state for 
the purpose of enforcing such law.", 
(g) The Table of Rules that precedes Rule 1 is amended as follows: 
(1) The item relating to Rule 35 is amended to read as follows: 
"35. Correction of Sentence. 
"(a) Correction of a sentence on remand. 
"(b) Correction of a sentence for changed circumstances.". 
(2) The item relating to Rule 38 is amended to read as follows: 
"38. Stay of Execution. 
"(a) Death. 
"(b) Imprisonment. 
"(c) Fine. 
"(d) Probation. 
"(e) Criminal forfeiture, notice to victims, and restitution. 
"(f) Disabilities.". 
SEC. 216. (a) The Rules of Procedure for the Trial of Misdemeanors 
Before United States Magistrates are amended by adding the follow-
ing new rule at the end thereof: 
"Rule 9. Definition 
18 use app. 
"As used in these rules, 'petty offense' means a Class B or C 
misdemeanor or an infraction.". 
(b) The Table of Rules that precedes Rule 1 is amended by adding 
at the end thereof the following new item: 
"9. Definition.". 
SEC. 217. (a) Title 28 of the United States Code is amended by 
adding the following new chapter after chapter 57: 
"CHAPTER 58—UNITED STATES SENTENCING 
COMMISSION 
"Sec. 
"991. United States Sentencing Commission; establishment and purposes. 
"992. Terms of office; compensation. 
"993. Powers and duties of Chairman. 
"994. Duties of the Commission. 
"995. Powers of the Commission. 
"996. Director and staff. 
"997. Annual report. 
"998. Definitions. 
"§ 991. United States Sentencing Commission; establishment and 
28 USC 991. 
purposes 
"(a) There is established as an independent commission in the 
judicial branch of the United States a United States Sentencing 
Commission which shall consist of seven voting members and one 
nonvoting member. The President, after consultation with repre-
sentatives of judges, prosecuting attorneys, defense attorneys, law 
enforcement officials, senior citizens, victims of crime, and others 
interested in the criminal justice process, shall appoint the voting 
members of the Commission, by and with the advice and consent of 
the Senate, one of whom shall be appointed, by and with the advice 
and consent of the Senate, as the Chairman. At least three of the 
members shall be Federal judges in regular active service selected 
after considering a list of six judges recommended to the President 
by the Judicial Conference of the United States. Not more than four 
98 STAT. 2018 
PUBLIC LAW 98-473—OCT. 12, 1984 
of the members of the Commission shall be members of the same 
political party. The Attorney General, or his designee, shall be an ex 
officio, nonvoting member of the Commission. The Chairman and 
members of the Commission shall be subject to removal from the 
Commission by the President only for neglect of duty or malfeasance 
in office or for other good cause shown. 
"(b) The purposes of the United States Sentencing Commission are 
to— 
"(1) establish sentencing policies and practices for the Federal 
criminal justice system that— 
"(A) assure the meeting of the purposes of sentencing as 
Ante, p. 1989. 
set forth in section 3553(a)(2) of title 18, United States Code; 
"(B) provide certainty and fairness in meeting the pur-
poses of sentencing, avoiding unwarranted sentencing dis-
parities among defendants with similar records who have 
been found guilty of similar criminal conduct while main-
taining sufficient flexibility to permit individualized sen-
tences when warranted by mitigating or aggravating 
factors not taken into account in the establishment of 
general sentencing practices; and 
"(C) reflect, to the extent practicable, advancement in 
knowledge of human behavior as it relates to the criminal 
justice process; and 
"(2) develop means of measuring the degree to which the 
sentencing, penal, and correctional practices are effective in 
meeting the purposes of sentencing as set forth in section 
3553(a)(2) of title 18, United States Code. 
28 use 992. 
"§ 992. Terms of office; compensation 
"(a) The voting members of the United States Sentencing Commis-
sion shall be appointed for six-year terms, except that the initial 
terms of the first members of the Commission shall be staggered so 
that— 
"(1) two members, including the Chairman, serve terms of six 
years; 
"(2) three members serve terms of four years; and 
"(3) two members serve terms of two years. 
"(b) No voting member may serve more than two full terms. A 
voting member appointed to fill a vacancy that occurs before the 
expiration of the term for which his predecessor was appointed shall 
be appointed only for the remainder of such term. 
"(c) The Chairman of the Commission shall hold a full-time 
position and shall be compensated during the term of office at the 
annual rate at which judges of the United States courts of appeals 
are compensated. The voting members of the Commission, other 
than the Chairman, shall hold full-time positions until the end of 
the first six years after the sentencing guidelines go into effect 
pursuant to section 225(a)(l)(B)(ii) of the Sentencing Reform Act of 
1983, and shall be compensated at the annual rate at which judges 
of the United States courts of appeals are compensated. Thereafter, 
the voting members of the Commission, other than the Chairman, 
shall hold part-time positions and shall be paid at the daily rate at 
which judges of the United States courts of appeals are compen-
sated. A Federal judge may serve as a member of the Commission 
without resigning his appointment as a Federal judge. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2019 
"§ 993. Powers and duties of Chairman 
28 use 993. 
"The Chairman shall— 
"(a) call and preside at meetings of the Commission, which 
shall be held for at least two weeks in each quarter after the 
members of the Commission hold part-time positions; and 
"(b) direct— 
"(1) the preparation of requests for appropriations for the 
Commission; and 
"(2) the use of funds made available to the Commission. 
"§ 994. Duties of the Commission 
28 use 994. 
"(a) 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 this title and title 18, 
United States Code, shall promulgate and distribute to all courts of 
the United States and to the United States Probation System— 
"(1) guidelines, as described in this section, for use of a 
sentencing court in determining the sentence to be imposed in a 
criminal case, including— 
"(A) a determination whether to impose a seiitence to 
probation, a fine, or a term of imprisonment; 
"(B) a determination as to the appropriate amount of a 
fine or the appropriate length of a term of probation or a 
term of imprisonment; 
"(C) a determination whether a sentence to a term of 
imprisonment should include a requirement that the de-
fendant be placed on a term of supervised release after 
imprisonment, and, if so, the appropriate length of such a 
term; and 
"(D) a determination whether multiple sentences to 
terms of imprisonment should be ordered to run concur-
rently or consecutively; 
"(2) general policy statements regarding application of the 
guidelines or any other aspect of sentencing or sentence imple-
mentation that in the view of the Commission would further the 
purposes set forth in section 3553(a)(2) of title 18, United States 
Code, including the appropriate use of— 
Ante, p. 1989. 
"(A) the sanctions set forth in sections 3554, 3555, and 
3556 of title 18; 
Ante, pp. 1990, 
"(B) the conditions of probation and supervised release 
1^91. 
set forth in sections 3563(b) and 3583(d) of title 18; 
Ante, pp. 1993, 
"(C) the sentence modification provisions set forth in 
1999-
sections 3563(c), 3573, and 3582(c) of title 18; 
Ante, pp. 1997, 
"(D) the authority granted under rule 11(e)(2) of the 
1998 
Federal Rules of Criminal Procedure to accept or reject a 
^° ^°^ ^PP-
plea agreement entered into pursuant to rule 11(e)(1); and 
"(E) the temporary release provisions set forth in section 
3622 of title 18, and the prerelease custody provisions set 
Ante, p. 2007. 
forth in section 3624(c) of title 18; and 
Ante, p. 2008. 
"(3) guidelines or general policy statements regarding the 
appropriate use of the probation revocation provisions set forth 
in section 3565 of title 18, and the provisions for modification of 
Ante, p. 1995. 
the term or conditions of probation or supervised release set 
forth in sections 3563(c), 3564(d), and 3583(e) of title 18. 
Ante, pp. 1993, 
"(b) The Commission, in the guidelines promulgated pursuant to 
1994,1999. 
subsection (a)(1), shall, for each category of offense involving each 
98 STAT. 2020 
PUBLIC LAW 98-473—OCT. 12, 1984 
category of defendant, establish a sentencing range that is consist-
ent with all pertinent provisions of title 18, United States Code. If a 
sentence specified by the guidelines includes a term of imprison-
ment, the maximum of the range established for such a term shall 
not exceed the minimum of that range by more than 25 per centum. 
"(c) The Commission, in establishing categories of offenses for use 
in the guidelines and policy statements governing the imposition of 
sentences of probation, a fine, or imprisonment, governing the 
imposition of other authorized sanctions, governing the size of a fine 
or the length of a term of probation, imprisonment, or supervised 
release, and governing the conditions of probation, supervised re-
lease, or imprisonment, shall consider whether the following mat-
ters, among others, have any relevance to the nature, extent, place 
of service, or other incidents of an appropriate sentence, and shall 
take them into account only to the extent that they do have 
relevance— 
"(1) the gr^ide of the offense; 
"(2) the circumstances under which the offense was commit-
ted which mitigate or aggravate the seriousness of the offense; 
"(3) the nature and degree of the harm caused by the offense, 
including whether it involved property, irreplaceable property, 
a person, a number of persons, or a breach of public trust; 
"(4) the community view of the gravity of the offense; 
"(5) the public concern generated by the offense; 
"(6) the deterrent effect a particular sentence may have on 
the commission of the offense by others; and 
"(7) the current incidence of the offense in the community 
and in the Nation as a whole. 
"(d) The Commission in establishing categories of defendants for 
use in the guidelines and policy statements governing the imposition 
of sentences of probation, a fine, or imprisonment, governing the 
imposition of other authorized sanctions, governing the size of a fine 
or the length of a term of probation, imprisonment, or supervised 
release, and governing the conditions of probation, supervised re-
lease, or imprisonment, shall consider whether the following mat-
ters, among others, with respect to a defendant, have any relevance 
to the nature, extent, place of service, or other incidents of an 
appropriate sentence, and shall take them into account only to the 
extent that they do have relevance— 
"(Dage; 
"(2) education; 
. i 
"(3) vocational skills; 
"(4) mental and emotional condition to the extent that such 
condition mitigates the defendant's culpability or to the extent 
that such condition is otherwise plainly relevant; 
"(5) physical condition, including drug dependence; 
"(6) previous employment record; 
"(7) family ties and responsibilities; 
"(8) community ties; 
"(9) role in the offense; 
"(10) criminal history; and 
"(11) degree of dependence upon criminal activity for a liveli-
hood. 
Nondis- 
The Commission shall assure that the guidelines and policy state-
crimination, 
ments are entirely neutral as to the race, sex, national origin, creed, 
and socioeconomic status of offenders. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2021 
"(e) The Commission shall assure that the guidelines and policy 
statements, in recommending a term of imprisonment or length of a 
term of imprisonment, reflect the general inappropriateness of con-
sidering the education, vocational skills, employment record, family 
ties and responsibilities, and community ties of the defendant. 
"(f) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1), shall promote the purposes set forth in section 
991(b)(1), with particular attention to the requirements of subsection 
991(b)(1)(B) for providing certainty and fairness in sentencing and 
reducing unwarranted sentence disparities. 
"(g) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1) to meet the purposes of sentencing as set forth in 
section 3553(aX2) of title 18, United States Code, shall take into Ante, p. 1987. 
account the nature and capacity of the penal, correctional, and other 
facilities and services available, and shall make recommendations 
concerning any change or expansion in the nature or capacity of 
such facilities and services that might become necessary as a result 
of the guidelines promulgated pursuant to the provisions of this 
chapter. The sentencing guidelines prescribed under this chapter 
shall be formulated to minimize the likelihood that the Federal 
prison population will exceed the capacity of the Federal prisons, as 
determined by the Commission. 
"(h) The Commission shall assure that the guidelines will specify a 
sentence to a term of imprisonment at or near the maximum term 
authorized by section 3581(b) of title 18, United States Code, for 
Ante, p. 1998. 
categories of defendants in which the defendant is eighteen years 
old or older and— 
"(1) has been convicted of a felony that is— 
"(A) a crime of violence; or 
"(B) an offense described in section 401 of the Controlled 
Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 
1009 of the Controlled Substances Import and Export Act 
(21 U.S.C. 952(a), 955, and 959), and section 1 of the Act of 
September 15,1980 (21 U.S.C. 955a); and 
"(2) has previously been convicted of two or more prior felo-
nies, each of which is— 
"(A) a crime of violence; or 
"(B) an offense described in section 401 of the Controlled 
Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 
1009 of the Controlled Substances Import and Export Act 
(21 U.S.C. 952(a), 955, and 959), and section 1 of the Act of 
September 15,1980 (21 U.S.C. 955a). 
"(i) The Commission shall assure that the guidelines will specify a 
sentence to a substantial term of imprisonment for categories of 
defendants in which the defendant— 
"(1) has a history of two or more prior Federal, State, or local 
felony convictions for offenses committed on different occasions; 
"(2) committed the offense as part of a pattern of criminal 
conduct from which he derived a substantial portion of his 
income; 
"(3) committed the offense in furtherance of a conspiracy with 
three or more persons engaging in a pattern of racketeering 
activity in which the defendant participated in a managerial or 
supervisory capacity; 
(4) committed a crime of violence that constitutes a felony 
while on release pending trial, sentence, or appeal from a 
98 STAT. 2022 
P U B L I C L A W 98-473—OCT. 12, 1984 
Federal, State, or local felony for which he was ultimately 
convicted; or 
"(5) committed a felony that is set forth in section 401 or 1010 
of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 841 and 960), and that involved trafficking in 
a substantial quantity of a controlled substance, 
"(j) The Commission shall insure that the guidelines reflect the 
general appropriateness of imposing a sentence other than impris-
onment in cases in which the defendant is a first offender who has 
not been convicted of a crime of violence or an otherwise serious 
offense, and the general appropriateness of imposing a term of 
imprisonment on a person convicted of a crime of violence that 
results in serious bodily injury, 
"(k) The Commission shall insure that the guidelines reflect the 
inappropriateness of imposing a sentence to a term of imprisonment 
for the purpose of rehabilitating the defendant or providing the 
defendant with needed educational or vocational training, medical 
care, or other correctional treatment. 
"(1) The Commission shall insure that the guidelines promulgated 
pursuant to subsection (aXD reflect— 
"(1) the appropriateness of imposing an incremental penalty 
for each offense in a case in which a defendant is convicted of— 
"(A) multiple offenses committed in the same course of 
conduct that result in the exercise of ancillary jurisdiction 
over one or more of the offenses; and 
"(B) multiple offenses committed at different times, in-
cluding those cases in which the subsequent offense is a 
violation of section 3146 (penalty for failure to appear) or is 
committed while the person is released pursuant to the 
provisions of section 3147 (penalty for an offense committed 
Ante, pp. 1982, 
while on release) of title 18; and 
1983. 
"(2) the general inappropriateness of imposing consecutive 
terms of imprisonment for an offense of conspiring to commit 
an offense or soliciting commission of an offense and for an 
offense that was the sole object of the conspiracy or solicitation, 
"(m) The Commission shall insure that the guidelines reflect the 
fact that, in many cases, current sentences do not accurately reflect 
the seriousness of the offense. This will require that, as a starting 
point in its development of the initial sets of guidelines for particu-
lar categories of cases, the Commission ascertain the average sen-
tences imposed in such categories of cases prior to the creation of 
the Commission, and in cases involving sentences to terms of impris-
onment, the length of such terms actually served. The Commission 
shall not be bound by such average sentences, and shall independ-
ently develop a sentencing range that is consistent with the pur-
poses of sentencing described in section 3553(aX2) of title 18, United 
Ante, p. 1989. 
States Code. 
"(n) The Commission periodically shall review and revise, in 
consideration of comments and data coming to its attention, the 
guidelines promulgated pursuant to the provisions of this section. In 
fulfilling its duties and in exercising its powers, the Commission 
shall consult with authorities on, and individual and institutional 
representatives of, various aspects of the Federal criminal justice 
Report. 
system. The United States Probation System, the Bureau of Prisons, 
the Judicial Conference of the United States, the Criminal Division 
of the United States Department of Justice, and a representative of 
the Federal Public Defenders shall submit to the Commission any 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2023 
observations, comments, or questions pertinent to the work of the 
Commission whenever they beUeve such communication would be 
useful, and shall, at least annually, submit to the Commission a 
written report commenting on the operation of the Commission's 
guidelines, suggesting changes in the guidelines that appear to be 
warranted, and otherwise assessing the Commission's work. 
"(o) The Commission, at or after the beginning of a regular session 
Report, 
of Congress but not later than the first day of May, shall report to 
the Congress any amendments of the guidelines promulgated pursu-
ant to subsection (a)(1), and a report of the reasons therefor, and the 
amended guidelines shall take effect one hundred and eighty days 
after the Commission reports them, except to the extent the effec-
tive date is enlarged or the guidelines are disapproved or modified 
by Act of Congress. 
"(p) The Commission and the Bureau of Prisons shall submit to 
Congress an analysis and recommendations concerning maximum 
utilization of resources to deal effectively with the Federal prison 
population. Such report shall be based upon consideration of a Report, 
variety of alternatives, including— 
"(1) modernization of existing facilities; 
"(2) inmate classification and periodic review of such classifi-
cation for use in placing inmates in the least restrictive facility 
necessary to ensure adequate security; and 
"(3) use of existing Federal facilities, such as those currently 
within military jurisdiction. 
* 
"(q) The Commission, within three years of the date of enactment 
of the Sentencing Reform Act of 1983, and thereafter whenever it 
finds it advisable, shall recommend to the Congress that it raise or 
lower the grades, or otherwise modify the maximum penalties, of 
those offenses for which such an adjustment appears appropriate. 
"(r) The Commission shall give due consideration to any petition 
Petition. 
filed by a defendant requesting modification of the guidelines uti-
lized in the sentencing of such defendant, on the basis of changed 
circumstances unrelated to the defendant, including changes in— 
"(1) the community view of the gravity of the offense; 
"(2) the public concern generated by the offense; and 
"(3) the deterrent effect particular sentences may have on the 
commission of the offense by others. 
Within one hundred and eighty days of the filing of such petition 
the Commission shall provide written notice to the defendant 
whether or not it has approved the petition. If the petition is 
disapproved the written notice shall contain the reasons for such 
disapproval. The Commission shall submit to the Congress at least 
annually an analysis of such written notices. 
"(s) The Commission, in promulgating general policy statements 
regarding the sentencing modification 
provisions in 
section 
3582(c)(1)(A) of title 18, shall describe what should be considered 
Ante, p. 1998. 
extraordinary and compelling reasons for sentence reduction, in-
cluding the criteria to be applied and a list of specific examples. 
Rehabilitation of the defendant alone shall not be considered an 
extraordinary and compelling reason. 
"(t) If the Commission reduces the term of imprisonment recom-
mended in the guidelines applicable to a particular offense or 
category of offenses, it shall specify by what amount the sentences of 
prisoners serving terms of imprisonment that are outside the appli-
cable guideline ranges for the offense may be reduced. 
98 STAT. 2024 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(u) The Commission shall ensure that the general policy state-
ments promulgated pursuant to subsection (a)(2) include a policy 
limiting consecutive terms of imprisonment for an offense involving 
a violation of a general prohibition and for an offense involving a 
violation of a specific prohibition encompassed within the general 
prohibition. 
Report. 
"(v) The appropriate judge or officer shall submit to the Commis-
sion in connection with each sentence imposed a written report of 
the sentence, the offense for which it is imposed, the age, race, and 
sex of the offender, information regarding factors made relevant by 
the guidelines, and such other information as the Commission finds 
appropriate. The Commission shall submit to Congress at least 
annually an analysis of these reports and any recommendations for 
legislation that the Commission concludes is warranted by that 
analysis. 
5 use 553. 
"(w) The provisions of section 553 of title 5, relating to publication 
in the Federal Register and public hearing procedure, shall apply to 
the promulgation of guidelines pursuant to this section. 
28 use 995. 
"§ 995. Powers of the Commission 
"(a) The Commission, by vote of a majority of the members 
present and voting, shall have the power to— 
"(1) establish general policies and promulgate such rules and 
regulations for the Commission as are necessary to carry out 
the purposes of this chapter; 
"(2) appoint and fix the salary and duties of the Staff Director 
of the Sentencing Commission, who shall serve at the discretion 
of the Commission and who shall be compensated at a rate not 
to exceed the highest rate now or hereafter prescribed for grade 
18 of the General Schedule pay rates (5 U.S.C. 5332); 
"(3) deny, revise, or ratify any request for regular, supplemen-
tal, or deficiency appropriations prior to any submission of 
such request to the Office of Management and Budget by the 
Chairman; 
"(4) procure for the Commission temporary and intermittent 
services to the same extent as is authorized by section 3109(b) of 
title 5, United States Code; 
"(5) utilize, with their consent, the services, equipment, per-
sonnel, information, and facilities of other Federal, State, local, 
and private agencies and instrumentalities with or without 
reimbursement therefor; 
"(6) without regard to 31 U.S.C. 3324, enter into and perform 
such contracts, leases, cooperative agreements, and other trans-
actions as may be necessary in the conduct of the functions of 
the Commission, with any public agency, or with any person, 
firm, association, corporation, educational institution, or non-
profit organization; 
"(7) accept and employ, in canying out the provisions of this 
title, voluntary and uncompensated services, notwithstanding 
the provisions of 31 U.S.C. 1342, however, individuals providing 
such services shall not be considered Federal employees except 
5 use 8101 et 
for purposes of chapter 81 of title 5, United States Code, with 
seq. 
respect to job-incurred disability and title 28, United States 
Code, with respect to tort claims; 
"(8) request such information, data, and reports from any 
Federal agency or judicial officer as the Commission may from 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2025 
time to time require and as may be produced consistent with 
other law; 
"(9) monitor the performance of probation officers with 
regard to sentencing recommendations, including application of 
the Sentencing Commission guidelines and policy statements; 
"(10) issue instructions to probation officers concerning the 
application of Commission guidelines and policy statements; 
(11) arrange with the head of any other Federal agency for 
the performance by such agency of any function of the Commis-
sion, with or without reimbursement; 
"(12) establish a research and development program within 
the Commission for the purpose of^ 
"(A) serving as a clearinghouse and information center 
for the collection, preparation, and dissemination of infor-
mation on Federal sentencing practices; and 
"(B) assisting and serving in a consulting capacity to 
Federal courts, departments, and agencies in the develop-
ment, maintenance, and coordination of sound sentencing 
practices; 
"(13) collect systematically the data obtained from studies, 
research, and the empirical experience of public and private 
agencies concerning the sentencing process; 
"(14) publish data concerning the sentencing process; 
"(15) collect systematically and disseminate information con-
cerning sentences actually imposed, and the relationship of 
such sentences to the factors set forth in section 3553(a) of title 
18, United States Code; 
Ante, p. 1989. 
"(16) collect systematically and disseminate information re-
garding effectiveness of sentences imposed; 
"(17) devise and conduct, in various geographical locations, 
seminars and workshops providing continuing studies for per-
sons engaged in the sentencing field; 
"(18) devise and conduct periodic training programs of in-
struction in sentencing techniques for judicial and probation 
personnel and other persons connected with the sentencing 
process; 
; 
"(19) study the feasibility of developing guidelines for the 
disposition of 
juvenile delinquents; 
(20) make recommendations to Congress concerning modifi-
cation or enactment of statutes relating to sentencing, penal, 
and correctional matters that the Commission finds to be neces-
sary and advisable to carry out an effective, humane and 
rational sentencing policy; 
"(21) hold hearings and call witnesses that might assist the 
Commission in the exercise of its powers or duties; and 
"(22) perform such other functions as are required to permit 
Federal courts to meet their responsibilities under section 
3553(a) of title 18, United States Code, and to permit others 
involved in the Federal criminal justice system to meet their 
related responsibilities. 
"(b) The Commission shall have such other powers and duties and 
shall perform such other functions as may be necessary to carry out 
the purposes of this chapter, and may delegate to any member or 
designated person such powers as may be appropriate other than the 
power to establish general policy statements and guidelines pursu-
ant to section 994(a) (1) and (2), the issuance of general policies and 
promulgation of rules and regulations pursuant to subsection (a)(1) 
31 194 - 0 - 86 - 28 : QL. 3 Part 2 
98 STAT. 2026 
PUBLIC LAW 98-473—OCT. 12, 1984 
of this section, and the decisions as to the factors to be considered in 
establishment of categories of offenses and offenders pursuant to 
section 994(b). The Commission shall, with respect to its activities 
under subsections (aX9), (aXlO), (aXU), (aX12), (aX13), (aX14), (aX15), 
(aX16), (aX17), and (aX18), to the extent practicable, utilize existing 
resources of the Administrative Office of the United States Courts 
and the Federal Judicial Center for the purpose of avoiding unneces-
sary duplication. 
"(c) Upon the request of the Commission, each Federal agency is 
authorized and directed to make its services, equipment, personnel, 
facilities, and information available to the greatest practicable 
extent to the Commission in the execution of its functions. 
"(d) A simple majority of the membership then serving shall 
constitute a quorum for the conduct of business. Other than for the 
promulgation of guidelines and policy statements pursuant to sec-
tion 994, the Commission may exercise its powers and fulfill its 
duties by the vote of a simple majority of the members present. 
"(e) Except as otherwise provided by law, the Commission shall 
maintain and make available for public inspection a record of the 
final vote of each member on any action taken by it. 
28 use 996 
«§ 996. Director and staff 
"(a) The Staff Director shall supervise the activities of persons 
employed by the Commission and perform other duties assigned to 
him by the Commission. 
"(b) The Staff Director shall, subject to the approval of the Com-
mission, appoint such officers and employees as are necessary in the 
execution of the functions of the Commission. The officers and 
employees of the Commission shall be exempt from the provisions of 
5 use 2101. 
part III of title 5, United States Code, except the following chapters: 
5 use 8101 et 
81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unem-
fboi e^^eo ^ 87oi plo3^™ent Compensation), 87 (Life Insurance), 89 (Health Insurance), 
et seq., 8901 et 
and 91 (Conflicts of Interest). 
seq. 
28 use 997. 
"§ 997. Annual report 
"The Commission shall report annually to the Judicial Conference 
of the United States, the Congress, and the President of the United 
States on the activities of the Commission. 
28 use 998. 
"§ 998. Definitions 
"As used in this chapter— 
"(a) 'Commission' means the United States Sentencing Com-
mission; 
"(b) 'Commissioner' means a member of the United States 
Sentencing Commission; 
"(c) 'guidelines' means the guidelines promulgated by the 
Commission pursuant to section 994(a) of this title; and 
"(d) 'rules and regulations' means rules and regulations pro-
mulgated by the Commission pursuant to section 995 of this 
title.", 
(b) The chapter analysis of part III of title 28, United States Code, 
is amended by adding after the item relating to chapter 57 the 
following new item: 
"58. United States Sentencing Commission 
991". 
^ tx-Ji 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2027 
REPEALERS 
SEC. 218. (a) The following provisions of title 18, United States 
Code, are repealed: 
(1) section 1; 
(2) section 3012; 
(3) sections 4082(a), 4082(b), 4082(c), 4082(e), 4084, and 4085; 
(4) chapter 309; 
18 use 4161 et 
(5) chapter 311; 
seq. 
(6) chapter 314^ 
18 use 4201 e* 
(7) sections 4281, 4283, and 4284; and 
ilVsc 4251 et 
(8) chapter 402. 
seq. 
Redesignate subsections in section 4082 accordingly. 
18 use 5005 et 
(b) The item relating to section 1 in the sectional analysis of *^9 
chapter 1 of title 18, United States Code, is amended to read: 
"1. Repealed.". 
(c) The item relating to section 3012 in the sectional analysis of 
chapter 201 of title 18, United States Code, is amended to read: 
"3012. Repealed.". 
(d) The chapter analysis of Part HI of title 18, United States Code, 
is amended by amending the items relating to— 
(1) chapters 309 and 311 to read as follows: 
"309. Repealed 
"311. Repealed 
"; 
and 
(2) chapter 314 to read as follows: 
"314. Repealed 
". 
(e) The items relating to sections 4084 and 4085 in the sectional 
analysis of chapter 305 of title 18, United States Code, are amended 
to read as follows: 
"4084. Repealed. 
"4085. Repealed.". 
(f) The sectional analysis of chapter 315 of title 18, United States 
Code, is amended by amending the items relating to— 
(1) section 4281 to read: 
"4281. Repealed."; 
and 
(2) sections 4283 and 4284 to read as follows: 
,H>:ii 
"4283. Repealed. 
"4284. Repealed.". 
(g) The item relating to chapter 402 in the chapter analysis of Part 
IV of title 18, United States Code, is amended to read as follows: 
"402. Repealed 
". 
SEC. 219. (a) Sections 404(b) and 409 of the Controlled Substances 
Act (21 U.S.C. 8440)) and 849) are repealed. 
r. 
(b) Section 404(a) of the Controlled Substances Act (21 U.S.C. 
844(a)) is amended by deleting the designation "(a)" at the beginning 
of the subsection. 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 220. The Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended as follows: 
98 STAT. 2028 
PUBLIC LAW 98-473—OCT. 12, 1984 
Aliens. 
(a) The second sentence of section 212(a)(9) (8 U.S.C. 1182(a)(9)) is 
amended to read: "An alien who would be excludable because of the 
conviction of an offense for which the sentence actually imposed did 
not exceed a term of imprisonment in excess of six months, or who 
would be excludable as one who admits the commission of an offense 
for which a sentence not to exceed one year's imprisonment might 
have been imposed on him, may be granted a visa and admitted to 
the United States if otherwise admissible: Provided, That the alien 
has committed only one such offense, or admits the commission of 
acts which constitute the essential elements of only one such 
offense.". 
(b) Section 242(h) (8 U.S.C. 1252(h)) is amended by adding "super-
vised release," after "parole,". 
SEC. 221. Section 4 of the Act of September 28, 1962 (16 U.S.C. 
460k-3) is amended by deleting "petty offense (18 U.S.C. 1)" and 
substituting "misdemeanor". 
SEC. 222. Section 9 of the Act of October 8,1964 (16 U.S.C. 460n-8) 
is amended— 
(a) in the first paragraph, by deleting "commissioner" each 
place it appears and substituting "magistrate"; and 
(b) in the second paragraph, by amending the first sentence to 
read: "The functions of the magistrate shall include the trial 
and sentencing of persons charged with the commission of 
misdemeanors and infractions as defined in section 3581 of title 
18, United States Code.". 
SEC. 223. Title 18 of the United States Code is amended as follows: 
(a) Section 924(a) is amended by deleting ", and shall become 
eligible for parole as the Board of Parole shall determine". 
(b) Section 1161 is amended by deleting "3618" and substituting 
"3669". 
(c) Section 1761(a) is amended by adding ", supervised release," 
after "parole". 
(d) Section 2114 is amended by adding "not more than" after 
"imprisoned". 
(e) Section 3006A is amended— 
(1) in subsections (aXD and (b), by deleting "misdemeanor 
(other than a petty offense as defined in section 1 of this title)" 
each place it appears and substituting "Class A misdemeanor"; 
and 
(2) in subsections (aX3) and (g), deleting "subject to revocation 
of parole," each place it appears. 
Ante, p. 1981. 
(f) Section 3143, as amended by this Act, is amended— 
(1) in subsection (a), by adding "other than a person for whom 
the applicable guideline promulgated pursuant to 28 U.S.C. 994 
does not recommend a term of imprisonment," after "sen-
tence,"; and 
(2) in subsection (c), by adding the following at the end 
thereof: "The judge shall treat a defendsmt in a case in which an 
appeal has been taken by the United States pursuant to the 
Ante, p. 2011. 
provisions of section 3742 in accordance with the provisions of— 
"(1) subsection (a) if the person has been sentenced to a term 
of imprisonment; or 
Ante, p. 1976. 
"(2) section 3142 if the person has not been sentenced to a 
term of imprisonment.". 
Ante, p. 1983. 
(g) Section 3147, as amended by this Act, is amended— 
(1) in paragraph (1), by deleting "not less than two years and"; 
and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2029 
(2) in paragraph (2), by deleting "not less than ninety days 
s 
and", 
(h) Section 3156(b)(2) is amended by deleting "petty offense as 18 use 3156. 
defined in section 1(3) of this title" and substituting "Class B or C 
misdemeanor or an infraction". 
(i) Section 3172(2) is amended by deleting "petty offense as defined 
18 use 3172. 
in section 1(3) of this title" and substituting "Class B or C misde-
meanor or an infraction", 
(j) Section 3401 is amended— 
18 use 340i. 
(1) by repealing subsection (g) and redesignating (h) to (g); and 
(2) in subsection (h), by deleting "petty offense case" and 
substituting "Class B or C misdemeanor case, or infraction 
case,". 
(k) Section 3670 (formerly section 3619) is amended by deleting Ante, p. 1987. 
"3617" and "3618" and substituting "3668" and "3669", respectively. 
(1) Section 4004 is amended by deleting "record clerks, and parole 18 use 4004. 
officers" and substituting "and record clerks". 
(m) Chapter 306 is amended as follows: 
(1) Section 4101 is amended— 
18 use 4ioi. 
(A) in subsection (f), by adding ", including a term of 
supervised release pursuant to section 3583" after "supervi-
sion"; and 
(B) in subsection (g), by deleting "to a penalty of imprison-
ment the execution of which is suspended and" and substi-
tuting "under which", and by deleting "the suspended" and 
substituting "a". 
(2) Section 4105(c) is amended— 
18 use 4105. 
(A) in paragraph (1), by deleting "for good time" the 
second place it appears and substituting "toward service of 
sentence for satisfactory behavior''; 
(B) in paragraphs (1) and (2), by deleting "section 4161" 
' 
and substituting "section 3624(b)"; 
(C) in paragraph (1), by deleting "section 4164" and sub-
^
X
< 
stituting "section 3624(a) ; 
(D) by repealing paragraph (3); 
(E) by amending paragraph (4) to read as follows: 
"(3) Credit toward service of sentence may be withheld as 
provided in section 3624(b) of this title."; and 
(F) by redesignating paragraphs accordingly. 
(3) Section 4106 is amended— 
18 use 4106. 
(A) in subsection (a), by deleting "Parole Commission" 
and substituting "Probation System"; 
(B) by amending subsection (b) to read as follows: 
"Ob) An offender transferred to the United States to serve a 
sentence of imprisonment shall be released pursuant to section 
3624(a) of this title after serving the period of time specified in the 
Ante, p. 2008. 
applicable sentencing guideline promulgated pursuant to 28 U.S.C. 
994(a)(1). He shall be released to serve a term of supervised release 
Ante, p. 2019. 
for any term specified in the applicable guideline. The provisions of 
section 3742 of this title apply to a sentence to a term of imprison- Ante, p. 2011. 
ment under this subsection, and the United States court of appeals 
for the district in which the offender is imprisoned after transfer to 
the United States has jurisdiction to review the period of imprison-
ment as though it had been imposed by the United States district 
court."; and 
(C) by repealing subsection (c). 
98 STAT. 2030 
PUBLIC LAW 98-473—OCT. 12, 1984 
18 use 4108. 
(4) Section 4108(a) is amended by adding ", including any term 
of imprisonment or term of supervised release specified in the 
applicable sentencing guideline promulgated pursuant to 28 
Ante, p. 2019. 
U.S.C. 994(a)(1)," after "consequences thereof. 
(n) Section 4321 is amended by deleting "parole or", 
(o) Section 4351(b) is amended by deleting "Parole Board" and 
substituting "Sentencing Commission". 
(p) Section 5002 is amended by deleting "Board of Parole, the 
Chairman of the Youth Division," and substituting "United States 
Sentencing Commission,". 
SEC. 224. The Controlled Substances Act (21 U.S.C. 801 et seq.) is 
amended as follows: 
(a) Section 401 (21 U.S.C. 841) is amended— 
(1) in subsection 0))(1XA), by deleting the last sentence; 
(2) in subsection (b)(lXB), by deleting the last sentence; 
(3) in subsection (b)(2), by deleting the last sentence; 
(4) in subsection 0))(4), by deleting "subsections (a) and (b) of, 
and by adding "and section 3607 of title 18, United States Code" 
after "404"; 
(5) in subsection (b)(5), by deleting the last sentence; and 
(6) by repealing subsection (c). 
(b) Section 405 (21 U.S.C. 845) is amended— 
(1) in subsection (a), by deleting "(1)" the second place, it 
appears, and by deleting ", and (2) at least twice any special 
parole term authorized by section 401(b), for a first offense 
involving the same controlled substance and schedule"; and 
(2) in subsection (b), by deleting "(1)" the second place it 
appears, and by deleting ", and (2) at least three times any 
special parole term authorized by section 401(b), for a second or 
subsequent offense involving the same controlled substance and 
(c) Section 408(c) (21 U.S.C. 848(c)) is amended by deleting "and 
section 4202 of title 18 of the United States Code". 
SEC. 225. The Controlled Substances Import and Export Act (21 
U.S.C. 951 et seq.) is amended as follows: 
Post, p. 2070. 
(a) Section 1010 (21 U.S.C. 960) is amended— 
(1) in subsection (bXD, by deleting the last sentence; 
(2) in subsection (bX2), by deleting the last sentence; and 
(3) by repealing subsection (c). 
(b) Section 1012(a) (21 U.S.C. 962(a)) is amended by deleting the 
Igist sentence. 
SEC. 226. Section 1140?) of title 23, United States Code, is amended 
by adding ", supervised release," after "parole". 
SEC. 227. Section 5871 of the Internal Revenue Code of 1954 (26 
U.S.C. 5871) is amended by deleting ", and shall become eligible for 
parole as the Board of Parole shall determine". 
SEC. 228. Title 28 of the United States Code is amended as follows: 
(a) Section 509 is amended— 
(1) by adding "and" after paragraph (2) and, in paragraph (3), 
by deleting "; and" and substituting a period; and 
(2) by repealing paragraph (4). 
(b) Section 591(a) is amended by deleting "petty offense" and 
substituting "Class B or C misdemeanor or an infraction". 
(c) Section 2901 is amended— 
(1) in subsection (e), by deleting "section 1" and substituting 
"section 3581"; and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2031 
(2) in subsection (g)(3), by adding ", supervised release," after 
* 
"parole", and by adding "supervised release," after "parole,". 
SEC. 229. Section 504(a) of the Labor Management Reporting and 
Disclosure Act of 1959 (29 U.S.C. 504(a)) and section 411(a) of the Post, p. 2131. 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1111(a)) are amended— 
(a) by deleting "the Board of Parole of the United States 
Department of Justice" and substituting "if the offense is a 
Federal offense, the sentencing judge or, if the offense is a State 
or local offense, on motion of the United States Department of 
Justice, the district court of the United States for the district in 
which the offense was committed, pursuant to sentencing guide-
lines and policy statements issued pursuant to 28 U.S.C. 
994(a),"; 
Ante, p. 2019. 
(b) by deleting "Board" and "Board's" and substituting 
"court" and "court's", respectively; and 
(c) by deleting "an administrative" and substituting "a". 
SEC. 230. Section 411(c)(3) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. llll(cX3)) is amended by adding "or 
supervised release" after "parole". 
SEC. 231. Section 4250)) of the Job Training and Partnership Act is 29 use 1695. 
amended by deleting "or parole" the first place it appears and 
substituting ", parole, or supervised release". 
SEC. 232. The Public Health Service Act (42 U.S.C. 201 et seq.) is 
amended as follows: 
(a) Section 341(a) (42 U.S.C. 257(a)) is amended by deleting "or 
convicted of offenses against the United States and sentenced to 
• ,; 
treatment" and "addicts who are committed to the custody of the 
Attorney General pursuant to provisions of the Federal Youth 
Corrections Act (chapter 402 of title 18 of the United States Code),". 
(b) Section 343(d) (42 U.S.C. 259(d)) is amended by adding "or 
supervised release" after "parole". 
SEC. 232A. Section 902 of the Federal Aviation Act of 1958 (49 
U.S.C. 1472) is amended by inserting "notwithstanding the provi- 49 USC app. 
sions of 18 U.S.C. 3559(b)," before the term "if in paragraphs 
1472. 
(i)(l)(B) and (nXlXB). 
SEC. 233. Section 11507 of title 49, United States Code, is amended 
by adding ", supervised release," after "parole". 
SEC. 234. Section 10(bX7) of the Military Selective Service Act (50 
U.S.C. App. 46003X7)) is amended by deleting "parole" and substitut-
ing "release". 
EFFECTIVE DATE 
SEC. 235. (aXD This chapter shall take effect on the first day of the 18 use 3551 
first calendar month beginning twenty-four months after the date of "ot^. 
enactment, except that— 
(A) the repeal of chapter 402 of title 18, United States Code, i8 use 5005 et 
shall take effect on the date of enactment; 
seq. 
(BXi) chapter 58 of title 28, United States Code, shall take 
^^f^^'f^yj 
effect on the date of enactment of this Act or October 1, 1983, 
" ^' P 
whichever occurs later, and the United States Sentencing Com-
mission shall submit the initial sentencing guidelines promul-
gated to section 994(aXl) of title 28 to the Congress within 
Ante, p. 2019. 
eighteen months of the effective date of the chapter; and 
(ii) the sentencing guidelines promulgated pursuant to section 
994(aXl), and the provisions of sections 3581, 3583, and 3624 of 
98 STAT. 2032 
PUBLIC LAW 98-473—OCT. 12, 1984 
Ante, pp. 1998, 
1999, 2008. 
Report. 
Ante, p. 2030. 
Ante, p. 2018. 
18 u s e 4201 et 
seq. 
18 u s e 4161 et 
seq. 
title 18, United States Code, shall not go into effect until the day 
after— 
(I) the United States Sentencing Commission has submit-
ted the initial set of sentencing guidelines to the Congress 
pursuant to subparagraph (B)(i), along with a report stating 
the reasons for the Commission's recommendations; 
(II) the General Accounting Office has undertaken a 
study of the guidelines, and their potential impact in com-
parison with the operation of the existing sentencing and 
parole release system, and has, within one hundred and 
fifty days of submission of the guidelines, reported to the 
Congress the results of its study; and 
(III) the Congress has had six months after the date 
described in subclause (I) in which to examine the guide-
lines and consider the reports; and 
(IV) the provisions of sections 227 and 228 shall take 
effect on the date of enactment. 
(2) For the purposes of section 992(a) of title 28, the terms of the 
first members of the United States Sentencing Commission shall not 
begin to run until the sentencing guidelines go into effect pursuant 
to paragraph (lXB)(ii). 
(b)(1) The following provisions of law in effect on the day before 
the effective date of this Act shall remain in effect for five years 
after the effective date as to an individual convicted of an offense or 
adjudicated to be a juvenile delinquent before the effective date and 
as to a term of imprisonment during the period described in subsec-
tion (aXl)(B): 
(A) Chapter 311 of title 18, United States Code. 
(B) Chapter 309 of title 18, United States Code. 
(C) Sections 4251 through 4255 of title 18, United States Code. 
(D) Sections 5041 and 5042 of title 18, United States Code. 
(E) Sections 5017 through 5020 of title 18, United States Code, 
as to a sentence imposed before the date of enactment. 
(F) The maximum term of imprisonment in effect on the 
effective date for an offense committed before the effective date. 
(G) Any other law relating to a violation of a condition of 
release or to arrest authority with regard to a person who 
violates a condition of release. 
(2) Notwithstanding the provisions of section 4202 of title 18, 
United States Code, as in effect on the day before the effective date 
of this Act, the term of office of a Commissioner who is in office on 
the effective date is extended to the end of the five-year period after 
the effective date of this Act. 
(3) The United States Parole Commission shall set a release date, 
for an individual who will be in its jurisdiction the day before the 
expiration of five years after the effective date of this Act, that is 
within the range that applies to the prisoner under the applicable 
parole guideline. A release date set pursuant to this paragraph shall 
be set early enough to permit consideration of an appeal of the 
release date, in accordance with Parole Commission procedures, 
before the expiration of five years following the effective date of this 
Act. 
(4) Notwithstanding the other provisions of this subsection, all 
laws in effect on the day before the effective date of this Act 
pertaining to an individual who is— 
(A) released pursuant to a provision listed in paragraph (1); 
and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2033 
(BXi) subject to supervision on the day before the expiration of 
the five-year period following the effective date of this Act; or 
(ii) released on a date set pursuant to paragraph (3); 
including laws pertaining to terms and conditions of release, revoca-
tion of release, provision of counsel, and payment of transportation 
costs, shall remain in effect as to the individual until the expiration 
of his sentence, except that the district court shall determine, in 
accord with the Federal Rules of Criminal Procedure, whether 
release should be revoked or the conditions of release amended for 
violation of a condition of release. 
(5) Notwithstanding the provisions of section 991 of title 28, 
United States Code, and sections 4351 and 5002 of title 18, United 
States Code, the Chairman of the United States Parole Commission 
or his designee shall be a member of the National Institute of 
Corrections, and the Chairman of the United States Parole Commis-
sion shall be a member of the Advisory Corrections Council and a 
nonvoting member of the United States Sentencing Commission, ex 
officio, until the expiration of the five-year period following the 
effective date of this Act. Notwithstanding the provisions of section 
4351 of title 18, during the five-year period the National Institute of 
Corrections shall have seventeen members, including seven ex offi-
cio members. Notwithstanding the provisions of section 991 of title 
28, during the five-year period the United States Sentencing Com-
mission shall consist of nine members, including two ex officio, 
nonvoting members. 
SEC. 236. (aXD Four years after the sentencing guidelines promul-
gated pursuant to section 994(aXl), and the provisions of sections 
3581, 3583, and 3624 of title 18, United States Code, go into effect, 
the General Accounting Office shall undertake a study of the guide-
lines in order to determine their impact and compare the guidelines 
system with the operation of the previous sentencing and parole 
release system, and, within six months of the undertaking of such 
study, report to the Congress the results of its study. 
(2) Within one month of the start of the study required under 
suibsection (a), the United States Sentencing Commission shall 
submit a report to the General Accounting Office, all appropriate 
courts, the Department of Justice, and the Congress detailing the 
operation of the sentencing guideline system and discussing any 
problems with the system or reforms needed. The report shall 
include an evaluation of the impact of the sentencing guidelines on 
prosecutorial discretion, plea bargaining, disparities in sentencing, 
and the use of incarceration, and shall be issued by affirmative vote 
of a nimority of the voting members of the Commission. 
Qy) The Congress shall review the study submitted pursuant to 
subsection (a) in order to determine— 
(1) whether the sentencing guideline system has been 
effective; 
(2) whether any changes should be made in the sentencing 
guideline system; and 
(3) whether the parole system should be reinstated in some 
form and the life of the Parole Commission extended. 
SEC. 237. (aXD Except as provided in paragraph (2), for each 
criminal fine for which the unpaid balance exceeds $100 as of the 
effective date of this Act, the Attorney General shall, within one 
hundred and twenty days, notify the person by certified mail of his 
obligation, within thirty days after notification, to— 
(A) pay the fine in full; 
18 u s e app. 
Ante, p. 2017. 
Study. 
-i '^ 
Report. 
28 u s e 994 note. 
Ante, p. 2019. 
Ante, pp. 1998, 
1999, 2008. 
Report. 
Penalties. 
18 u s e 3612 
note. 
98 STAT. 2034 
PUBLIC LAW 98-473—OCT. 12, 1984 
(B) specify, and demonstrate compliance with, an installment 
schedule established by a court before enactment of the amend-
ments made by this Act, specifying the dates on which desig-
nated partial payments will be made; or 
(C) establish with the concurrence of the Attorney General, a 
new installment schedule of a duration not exceeding two years, 
except in special circumstances, and specifying the dates on 
4. 
which designated partial payments will be made. 
(2) This subsection shall not apply in cases in which— 
(A) the Attorney General believes the likelihood of collection 
is remote; or 
(B) criminal fines have been stayed pending appeal. 
-% 
(b) The Attorney General shall, within one hundred and eighty 
days after the effective date of this Act, declare all fines for which 
this obligation is unfulfilled to be in criminal default, subject to the 
civil and criminal remedies established by amendments made by 
this Act. No interest or monetary penalties shall be charged on any 
fines subject to this section. 
(c) Not later than one year following the effective date of this Act, 
the Attorney General shall include in the annual crime report steps 
taken to implement this Act and the progress achieved in criminal 
fine collection, including collection data for each judicial district. 
SEC. 238. (a) Title 18 of the United States Code is amended by 
adding the following new chapter after chapter 227: 
Post, p 3139 
"CHAPTER 228—IMPOSITION, PAYMENT, AND 
COLLECTION OF FINES 
; 
"Sec. 
"3591. Imposition of a fine. 
"3592. Payment of a fine, delinquency and default. 
"3593. Modification or remission of fine. 
"3594. Certification and notification. 
"3595. Interest, monetary penalties for delinquency, and default. 
"3596. Civil remedies for satisfaction of an unpaid fine. 
"3597. Resentencing upon failure to pay a fine. 
"3598. Statute of limitations. 
"3599. Criminal default. 
18 use 3591. 
"§ 3591. Imposition of a fine 
"(a) FACTORS TO BE CONSIDERED IN IMPOSING A FINE.—The court, 
in determining whether to impose a fine, the amount of any fine, the 
time for payment, and the method of payment, shall consider— 
"(1) the ability of the defendant to pay the fine in view of the 
income of the defendant, earning capacity and financial re-
sources, and, if the defendant is an organization, the size of the 
organization; 
"(2) the nature of the burden that payment of the fine will 
impose on the defendant, and on any person who is financially 
dependent on the defendant, relative to the burden which alter-
native punishments would impose; 
' 
"(3) any restitution or reparation made by the defendant in 
connection with the offense and any obligation imposed upon 
the defendant to make such restitution or reparation; 
"(4) if the defendant is an organization, any measure taken by 
the organization to discipline its employees or agents responsi-
ble for the offense or to ensure against a recurrence of such an 
offense; and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2035 
"(5) any other pertinent consideration. 
"(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact 
that a sentence to pay a fine can subsequently be— 
"(1) modified or remitted pursuant to the provisions of section 
3592; 
"(2) corrected pursuant to the provisions of rule 35; or 
Ante, p. 2015. 
"(3) appealed; 
a judgment of conviction that includes such a sentence constitutes a 
final judgment for all other purposes. 
"§ 3592. Payment of a fine, delinquency and default 
18 USC 3592. 
"(a) TIME AND METHOD OF PAYMENT.—Payment of a fine is due 
immediately unless the court, at the time of sentencing— 
"(1) requires payment by a date certain; or 
"(2) establishes an installment schedule, the specific terms of 
which shall be fixed by the court. 
"(b) INDIVIDUAL RESPONSIBILITIES FOR PAYMENT.—If a fine is im-
posed on an organization, it is the duty of each individual authorized 
to make disbursement of the assets of the organization to pay the 
fine from assets of the organization. If a fine is imposed on an agent 
or shareholder of an organization, the fine shall not be paid, directly 
or indirectly, out of the assets of the organization, unless the court 
finds that such payment is expressly permissible under applicable 
State law. 
"(c) RESPONSIBILITY TO PROVIDE CURRENT ADDRESS.—At the time 
of imposition of the fine, the court shall order the person fined to 
provide the Attorney General with a current mailing address for the 
entire period that any part of the fine remains unpaid. Failure to 
provide the Attorney General with a current address or a change in 
address shall be punishable as a contempt of court. 
"(d) STAY OF FINE PENDING APPEAL.—Unless exceptional circum-
stances exist, if a sentence to pay a fine is stayed pending appeal, 
the court granting the stay shall include in such stay— 
"(1) a requirement that the defendant, pending appeal, 
deposit the entire fine amount, or the amount due under an 
installment schedule, during the pendency of an appeal, in an 
escrow account in the registry of the district court, or to give 
bond for the payment thereof; or 
"(2) an order restraining the defendant from transferring or 
dissipating assets found to be sufficient, if sold, to meet the 
defendant's fine obligation. 
"(e) DELINQUENT FINE.—A fine is delinquent if any portion of such 
fine is not paid within thirty days of when it is due, including any 
fines to be paid pursuant to an installment schedule. 
"(f) DEFAULT.—A fine is in default if any portion of such fine is 
more than ninety days delinquent. When a criminal fine is in 
default, the entire amount is due within thirty days of notification 
of the default, notwithstanding any installment schedule. 
"§ 3593. Modification or remission of fine 
18 USC 3593. 
"(a) PETITION FOR MODIFICATION OR REMISSION.—A person who has 
been sentenced to pay a fine, and who— 
"(1) can show a good faith effort to comply with the terms of 
the sentence and concerning whom the circumstances no longer 
, ^ 
exist that warranted the imposition of the fine in the amount 
imposed or payment by the installment schedule, may at any 
time petition the court for— 
98 STAT. 2036 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(A) an extension of the installment schedule, not to 
exceed two years except in case of incarceration or special 
circumstances; or 
"(B) a remission of all or part of the unpaid portion 
including interest and penalties; or 
' 'i*^ 
"(2) has voluntarily made restitution or reparation to the 
victim of the offense, may at any time petition the court for a 
remission of the unpaid portion of the fine in an amount not 
exceeding the amount of such restitution or reparation. 
Any petition filed pursuant to this subsection shall be filed in the 
court in which sentence was originally imposed, unless that court 
transfers jurisdiction to another court. The petitioner shall notify 
the Attorney General that the petition has been filed within ten 
working days after filing. For the purposes of clause (1), unless 
exceptional circumstances exist, a person may be considered to have 
made a good faith effort to comply with the terms of the sentence 
only after payment of a reasonable portion of the fine. 
"(b) ORDER OF MODIFICATION OR REMISSION,—If, after the filing of 
a petition as provided in subsection (a), the court finds that the 
circumstances warrant relief, the court may enter an appropriate 
order, in which case it shall provide the Attorney General with a 
copy of such order. 
18 use 3594. 
"§ 3594. Certification and notification 
"(a) DISPOSITION OF PAYMENT.—The clerk shall forward each fine 
payment to the United States Treasury and shall notify the Attor-
ney General of its receipt within ten working days. 
"(b) CERTIFICATION OF IMPOSITION.—If a fine exceeding $100 is 
imposed, modified, or remitted, the sentencing court shall incorpo-
rate in the order imposing, remitting, and modifying such fine, and 
promptly certify to the Attorney General— 
"(1) the name of the person fined; 
"(2) his current address; 
"(3) the docket number of the case; 
"(4) the amount of the fine imposed; 
"(5) any installment schedule; 
"(6) the nature of any modification or remission of the fine or 
installment schedule; and 
"(7) the amount of the fine that is due and unpaid. 
"(c) RESPONSIBIUTY FOR COLLECTION.—The Attorney General shall 
be responsible for collection of an unpaid fine concerning which a 
certification has been issued as provided in subsection (a). 
"(d) NOTIFICATION OF DEUNQUENCY.—Within ten working days 
after a fine is determined to be delinquent as provided in section 
3592(e), the Attorney General shall notify the person whose fine is 
delinquent, by certified mail, to inform him that the fine is 
delinquent. 
"(e) NOTIFICATION OF DEFAULT.—Within ten working days after a 
• 
fine 
is determined to be in default as provided in section 3592(f), the 
Attorney General shall notify the person defaulting, by certified 
mail, to inform him that the fine is in default and the entire unpaid 
balance, including interest and penalties, is due within thirty days. 
18 use 3595. 
"§ 3595. Interest, monetary penalties for delinquency, and default 
"Upon a determination of willful nonpayment, the court may 
impose the following interest and monetary penalties: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2037 
'• ' 
"(1) INTEREST.—Notwithstanding any other provision of law, 
interest at the rate of 1 per centum per month, or 12 per centum 
per year, shall be charged, beginning the thirty-first day after 
sentencing on the first day of each month during which any fine 
balance remains unpaid, including sums to be paid pursuant to 
an installment schedule. 
"(2) MONETARY PENALTIES FOR DELINQUENT FINES.—Notwith- 
* 
; 
' 
standing any other provision of law, a penalty sum equal to 10 
per centum shall be charged for any portion of a criminal fine 
which has become delinquent. The Attorney General may waive 
Waiver, 
all or part of the penalty for good cause. 
"§ 3596. Civil remedies for satisfaction of an unpaid 
fine 
18 USC 3596. 
"(a) LIEN.—A fine imposed as a sentence is a lien in favor of the 
United States upon all property belonging to the person fined. The 
lien arises at the time of the entry of the judgment and continues 
until the liability is satisfied, remitted, or set aside, or until it 
becomes unenforceable pursuant to the provisions of subsection (b). 
On application of the person fined, the Attorney General shall— 
"(1) issue a certificate of release, as described in section 6325 
of the Internal Revenue Code, of any lien imposed pursuant to 
26 USC 6325. 
this section, upon his acceptance of a bond described in section 
6325(a)(2) of the Internal Revenue Code; or 
"(2) issue a certificate of discharge, as described in section 
6325 of the Internal Revenue Code, of any part of the person's 
property subject to a lien imposed pursuant to this section, upon 
his determination that the fair market value of that part of 
such property remaining subject to and available to satisfy the 
lien is at least three times the amount of the fine. 
"(b) EXPIRATION OF LIEN.—A lien becomes unenforceable at the 
' 
time liability to pay a fine expires as provided in section 3598. 
"(c) APPLICATION OF OTHER LIEN PROVISIONS.—The provisions of 
sections 6323, 6331, 6334 through 6336, 6337(a), 6338 through 6343, 
6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805 of 
>
' 
the Internal Revenue Code of 1954 (26 U.S.C. 6323, 6331, 6332, 6334 
through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 
through 7426, 7505(a), 7506, 7701, and 7805) and of section 513 of the 
Act of October 17,1940 (54 Stat. 1190), apply to a fine and to the lien 
50 use app. 573. 
imposed by subsection (a) as if the liability of the person fined were 
for an internal revenue tax assessment, except to the extent that the 
application of such statutes is modified by regulations issued by the 
Attorney General to accord with differences in the nature of 
the liabilities. For the purposes of this subsection, references in the 
preceding sections of the Internal Revenue Code of 1954 to 'the 
26 USC l et seq. 
Secretary' shall be construed to mean 'the Attorney General,' and 
references in those sections to 'tax' shall be construed to mean 'fine.' 
"(d) EFFECT ON NOTICE OF LIEN.—A notice of the lien imposed by 
subsection (a) shall be considered a notice of lien for taxes payable to 
the United States for the purposes of any State or local law provid-
ing for the filing of a notice of a tax lien. The registration, recording, 
docketing, or indexing, in accordance with 28 U.S.C. 1962, of the 
judgment under which a fine is imposed shall be considered for all 
purposes as the filing prescribed by section 6323(f)(1)(A) of the 
Internal Revenue Code of 1954 (26 U.S.C. 6323(f)(1)(A)) and by sub-
section (c). 
"(e) ALTERNATIVE ENFORCEMENT.—Notwithstanding any other 
provision of this section, a judgment imposing a fine may be 
98 STAT. 2038 
PUBLIC LAW 98-473—OCT. 12, 1984 
enforced by execution against the property of the person fined in 
like manner as judgments in civil cases. 
"(f) DISCHARGE OF DEBTS INAPPLICABLE.—No discharge of debts 
pursuant to a bankruptcy proceeding shall render a lien under this 
section unenforceable or discharge liability to pay a fine. 
18 use 3597. 
"§ 3597. Resentencing upon failure to pay a fine 
"(a) RESENTENCING.—Subject to the provisions of subsection (b), if 
a person knowingly fails to pay a delinquent fine the court may 
resentence the person to any sentence which might originally have 
been imposed. 
,,,_ 
. 
"(b) IMPRISONMENT.—The defendant may be sentenced to a term of 
imprisonment under subsection (a) only if the court determines 
t h a t -
'll) the person willfully refused to pay the delinquent fine or 
had failed to make sufficient bona fide efforts to pay the fine; or 
"(2) in light of the nature of the offense and the characteris-
tics of the person, alternatives to imprisonment are not ade-
quate to serve the purposes of punishment and deterrence. 
18 use 3598. 
"§ 3598. Statute of limitations 
"(a) LIABILITY To PAY A FINE EXPIRES.— 
"(1) twenty years after the entry of the judgment; 
"(2) upon the death of the person fined. 
"(b) The period set forth in subsection (a) may be extended, prior 
to its expiration, by a written agreement between the person fined 
and the Attorney General. The running of the period set forth in 
subsection (a) is suspended during any interval for which the run-
ning of the period of limitations for collection of a tax would be 
suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 
7508(a)(l)(I) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 
6503(c), 6503(f), 6503(i), or 7508(a)(l)(I)), or section 513 of the Act of 
50 use app. 573. 
October 17,1940 (54 Stat. 1190). 
18 use 3599. 
"§ 3599. Criminal default 
"Whoever, having been sentenced to pay a fine, willfully fails to 
.
M V 
pay the fine, shall be fined not more than twice the amount of the 
unpaid balance of the fine or $10,000, whichever is greater, impris-
oned not more than one year, or both.". 
(b) Section 3651 of title 18, United States Code, is amended by 
inserting after "May be required to provide for the support of any 
persons, for whose support he is legally responsible." the following 
V 
new paragraph: 
"If the court has imposed and ordered execution of a fine and 
placed the defendant on probation, payment of the fine or adherence 
to the court-established installment schedule shall be a condition of 
the probation.". 
(c) Section 3651 of title 18, United States Code, is amended by 
striking out the last paragraph and inserting in lieu thereof the 
following: 
"The defendant's liability for any unexecuted fine or other pun-
ishment imposed as to which probation is granted, shall be fully 
discharged by the fulfillment of the terms and conditions of 
probation.". 
(d) The second paragraph of section 3655 of title 18, United States 
Code, is amended to read as follows: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2039 
"He shall keep informed concerning the conduct, condition, and 
compliance with any condition of probation, including the payment 
of a fine or restitution of each probationer under his supervision, 
and shall report thereon to the court placing such person on proba-
tion. He shall report to the court any failure of a probationer under 
his supervision to pay a fine in default within thirty days after 
notification that it is in default so that the court may determine 
whether probation should be revoked.". 
(e) Section 4209 of title 18, United States Code, is amended in 
subsection (a) by striking out the period at the end of the first 
sentence and inserting in lieu thereof "and, in a case involving a 
criminal fine that has not already been paid, that the parolee pay or 
agree to adhere to an installment schedule, not to exceed two years 
except in special circumstances, to pay for any fine imposed for the 
offense.". 
(f) Subsection Ot))(l) of section 4214 of title 18, United States Code, 
is amended by adding after "parole" the following: "or a failure to 
pay a fine in default within thirty days after notification that it is in 
default". 
(g)(1) Section 3565 of title 18, United States Code, is repealed. 
(2) The table of sections for chapter 227 of title 18, United States 
Code, is amended by striking out the item for section 3565 and 
inserting in lieu thereof the following: 
"3565. Repealed.". 
(h) Section 3569 of title 18, United States Code, is amended by— 
(1) striking out "(a)"; and 
(2) striking out subsection O
t
>
)
. 
(i) This section shall be repealed on the first day of the first 
calendar month beginning twenty-four months after the date of 
enactment of this Act. 
SEC. 239. Since, due to an impending crisis in prison overcrowding, 
available Federal prison space must be treated as a scarce resource 
in the sentencing of criminal defendants; 
Since, sentencing decisions should be designed to ensure that 
prison resources are, first and foremost, reserved for those violent 
and serious criminal offenders who pose the most dangerous threat 
to society; 
Since, in cases of nonviolent and nonserious offenders, the inter-
ests of society as a whole as well as individual victims of crime can 
continue to be served through the imposition of alternative sen-
tences, such as restitution and community service; 
Since, in the two years preceding the enactment of sentencing 
guidelines. Federal sentencing practice should ensure that scarce 
prison resources are available to house violent and serious criminal 
offenders by the increased use of restitution, community service, 
and other alternative sentences in cases of nonviolent and nonser-
ious offenders: Now, therefore, be it 
Declared, That it is the sense of the Senate that in the two years 
preceding the enactment of the sentencing guidelines, Federal 
judges, in determining the particular sentence to be imposed, 
consider— 
(1) the nature and circumstances of the offense and the 
history and characteristics of the defendant; 
(2) the general appropriateness of imposing a sentence other 
than imprisonment in cases in which the defendant has not 
Ante, p. 2027. 
Ante, p. 2027. 
Repeal. 
Ante, p. 1995. 
Repeal. 
18 u s e 3565 
note. 
18 u s e 3551 
note. 
note. 
98 STAT. 2040 
PUBLIC LAW 98-473—OCT. 12, 1984 
been convicted of a crime of violence or otherwise serious 
offense; and 
(3) the general appropriateness of imposing a sentence of 
imprisonment in cases in which the defendant has been con-
victed of a crime of violence or otherwise serious offense. 
CHAPTER III—FORFEITURE 
Comprehensive 
SEC. 301. This title may be cited as the "Comprehensive Forfeiture 
Forfeiture Act of 
Act of 1984". 
1984. 
„ 
A 
18 use 1961 
PART A 
SEC. 302. Section 1963 of title 18 of the United States Code is 
amended to read as follows: 
"§ 1963. Criminal penalties 
"(a) Whoever violates any provision of section 1962 of this chapter 
shall be fined not more than $25,000 or imprisoned not more than 
twenty years, or both, and shall forfeit to the United States, 
irrespective of any provision of State law— 
"(1) any interest the person has acquired or maintained in 
violation of section 1962; 
"(2) a n y - 
. 
,. 
,^, 
"(A) interest in; 
"(B) security of; 
"(C) claim against; or 
-
"(D) property or contractual right of any kind affording a 
source of influence over; 
any enterprise which the person has established, operated, 
controlled, conducted, or participated in the conduct of, in 
violation of section 1962; and 
"(3) any property constituting, or derived from, any proceeds 
which the person obtained, directly or indirectly, from rack-
eteering activity or unlawful debt collection in violation of 
section 1962. 
The court, in imposing sentence on such person shall order, in 
addition to any other sentence imposed pursuant to this section, 
that the person forfeit to the United States all property described in 
this subsection. 
"(b) Property subject to criminal forfeiture under this section 
includes— 
"(1) real property, including things growing on, affixed to, and 
found in land; and 
"(2) tangible and intangible personal property, including 
rights, privileges, interests, claims, and securities. 
"(c) All right, title, and interest in property described in subsec-
tion (a) vests in the United States upon the commission of the act 
giving rise to forfeiture under this section. Any such property that is 
subsequently transferred to a person other than the defendant may 
be the subject of a special verdict of forfeiture and thereafter shall 
be ordered forfeited to the United States, unless the transferee 
establishes in a hearing pursuant to subsection (m) that he is a bona 
fide purchaser for value of such property who at the time of 
purchase was reasonably without cause to believe that the property 
was subject to forfeiture under this section. 
"(d) If any of the property described in subsection (a)— 
"(1) cannot be located; 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2041 
"(2) has been transferred to, sold to, or deposited with, a third 
party; 
"(3) has been placed beyond the jurisdiction of the court; 
"(4) has been substantially diminished in value by any act or 
omission of the defendant; or 
"(5) has been commingled with other property which cannot 
be divided without difficulty; 
the court shall order the forfeiture of any other property of the 
defendant up to the value of any property described in paragraphs 
(1) through (5). 
"(eXD Upon application of the United States, the court may enter 
a restraining order or injunction, require the execution of a satisfac-
tory performance bond, or take any other action to preserve the 
availability of property described in subsection (a) for forfeiture 
under this section— 
"(A) upon the filing of an indictment or information charging 
a violation of section 1962 of this chapter and alleging that the 
property with respect to which the order is sought would, in the 
event of conviction, be subject to forfeiture under this section; or 
"(B) prior to the filing of such an indictment or information, 
if, after notice to persons appearing to have an interest in the 
property and opportunity for a hearing, the court determines 
t h a t -
'll) there is a substantial probability that the United 
States will prevail on the issue of forfeiture and that failure 
to enter the order will result in the property being de-
stroyed, removed from the jurisdiction of the court, or 
otherwise made unavailable for forfeiture; and 
"(ii) the need to preserve the availability of the property 
through the entry of the requested order outweighs the 
hardship on any party against whom the order is to be 
entered: 
Provided, however. That an order entered pursuant to subparagraph 
(B) shall be effective for not more than ninety days, unless extended 
by the court for good cause shown or unless an indictment or 
information described in subparagraph (A) has been filed. 
"(2) A temporary restraining order under this subsection may be 
entered upon application of the United States without notice or 
opportunity for a hearing when an information or indictment has 
not yet been filed with respect to the property, if the United States 
demonstrates that there is probable cause to believe that the 
property with respect to which the order is sought would, in the 
event of conviction, be subject to forfeiture under this section and 
that provision of notice will jeopardize the availability of the prop-
erty for forfeiture. Such a temporary order shall expire not more 
than ten days after the date on which it is entered, unless extended 
for good cause shown or unless the party against whom it is entered 
consents to an extension for a longer period. A hearing requested 
concerning an order entered under this paragraph shall be held at 
the earliest possible time, and prior to the expiration of the tempo-
rary order. 
"(3) The court may receive and consider, at a hearing held pursu-
ant to this subsection, evidence and information that would be 
inadmissible under the Federal Rules of Evidence. 
"(0 Upon conviction of a person under this section, the court shall 
enter a judgment of forfeiture of the property to the United States 
and shall also authorize the Attorney General to seize all property 
Courts, U.S. 
28 u s e app. 
Seizure and 
forfeiture of 
property. 
98 STAT. 2042 
PUBLIC LAW 98-473—OCT. 12, 1984 
ordered forfeited upon such terms and conditions as the court shall 
deem proper. Following the entry of an order declaring the property 
forfeited, the court may, upon application of the United States, 
enter such appropriate restraining orders or injunctions, require the 
execution of satisfactory performance bonds, appoint receivers, con-
servators, appraisers, accountants, or trustees, or take any other 
action to protect the interest of the United States in the property 
ordered forfeited. Any income accruing to, or derived from, an 
enterprise or an interest in an enterprise which has been ordered 
forfeited under this section may be used to offset ordinary and 
necessary expenses to the enterprise which are required by law, or 
which are necessary to protect the interests of the United States or 
third parties. 
Disposition of 
"(g) Following the seizure of property ordered forfeited under this 
property. 
section, the Attorney General shall direct the disposition of the 
property by sale or any other commercially feasible means, making 
due provision for the rights of any innocent persons. Any property 
right or interest not exercisable by, or transferable for value to, the 
United States shall expire and shall not revert to the defendant, nor 
shall the defendant or any person acting in concert with or on behalf 
of the defendant be eligible to purchase forfeited property at any 
sale held by the United States. Upon application of a person, other 
than the defendant or a person acting in concert with or on behalf of 
the defendant, the court may restrain or stay the sale or disposition 
of the property pending the conclusion of any appeal of the criminal 
case giving rise to the forfeiture, if the applicant demonstrates that 
proceeding with the sale or disposition of the property will result in 
irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C. 
3302(b), the proceeds of any sale or other disposition of property 
forfeited under this section and any moneys forfeited shall be used 
to pay all proper expenses for the forfeiture and the sale, including 
expenses of seizure, maintenance and custody of the property pend-
ing its disposition, advertising and court costs. The Attorney 
General shall deposit in the Treasury any amounts of such proceeds 
or moneys remaining after the payment of such expenses. 
"(h) With respect to property ordered forfeited under this section, 
the Attorney General is authorized to— 
"(1) grant petitions for mitigation or remission of forfeiture, 
restore forfeited property to victims of a violation of this chap-
ter, or take any other action to protect the rights of innocent 
persons which is in the interest of justice and which is not 
inconsistent with the provisions of this chapter; 
"(2) compromise claims arising under this section; 
"(3) award compensation to persons providing information 
resulting in a forfeiture under this section; 
"(4) direct the disposition by the United States of all property 
ordered forfeited under this section by public sale or any other 
commercially feasible means, making due provision for the 
rights of innocent persons; and 
"(5) take appropriate measures necessary to safeguard and 
maintain property ordered forfeited under this section pending 
its disposition. 
"(i) The Attorney General may promulgate regulations with 
respect to— 
"(1) making reasonable efforts to provide notice to persons 
who may have an interest in property ordered forfeited under 
this section; 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2043 
V 
"(2) granting petitions for remission or mitigation of 
forfeiture; 
"(3) the restitution of property to victims of an offense peti-
tioning for remission or mitigation of forfeiture under this 
chapter; 
"(4) the disposition by the United States of forfeited property 
by public sale or other commercially feasible means; 
"(5) the maintenance and safekeeping of any property 
forfeited under this section pending its disposition; and 
"(6) the compromise of claims arising under this chapter. 
Pending the promulgation of such regulations, all provisions of law 
relating to the disposition of property, or the proceeds from the sale 
thereof, or the remission or mitigation of forfeitures for violation of 
the customs laws, and the compromise of claims and the award of 
compensation to informers in respect of such forfeitures shall apply 
to forfeitures incurred, or alleged to have been incurred, under the 
provisions of this section, insofar as applicable and not inconsistent 
with the provisions hereof. Such duties as are imposed upon the 
Customs Service or any person with respect to the disposition of 
property under the customs law shall be performed under this 
chapter by the Attorney General. 
"0) Except as provided in subsection (m), no party claiming an 
interest in property subject to forfeiture under this section may— 
"(1) intervene in a trial or appeal of a criminal case involving 
the forfeiture of such property under this section; or 
"(2) commence an action at law or equity against the United 
States concerning the validity of his alleged interest in the 
property subsequent to the filing of an indictment or informa-
tion alleging that the property is subject to forfeiture under this 
section, 
"(k) The district courts of the United States shall have jurisdiction 
Courts, U.S. 
to enter orders as provided in this section without regard to the 
location of any property which may be subject to forfeiture under 
this section or which has been ordered forfeited under this section. 
"(1) In order to facilitate the identification or location of property 
declared forfeited and to facilitate the disposition of petitions for 
remission or mitigation of forfeiture, after the entry of an order 
declaring property forfeited to the United States the court may, 
upon application of the United States, order that the testimony of 
any witness relating to the property forfeited be taken by deposition 
and that any designated book, paper, document, record, recording, 
or other material not privileged be produced at the same time and 
place, in the same manner as provided for the taking of depositions 
under Rule 15 of the Federal Rules of Criminal Procedure. 
18 use app. 
"(m)(l) Following the entry of an order of forfeiture under this 
section, the United States shall publish notice of the order and of its 
intent to dispose of the property for at least seven successive court 
days in such manner as the Attorney General may direct. The 
Government may also, to the extent practicable, provide direct 
written notice to any person known to have alleged an interest in 
the property that is the subject of the order of forfeiture as a 
substitute for published notice as to those persons so notified. 
"(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited to the United 
States pursuant to this section may, within thirty days of the final 
publication of notice or his receipt of nptice tinder paragraph (1), 
whichever is earlier, petition the court for a hearing to adjudicate 
98 STAT. 2044 
PUBLIC LAW 98-473—OCT. 12, 1984 
the validity of his alleged interest in the property. The hearing shall 
be held before the court alone, without a jury. 
"(3) The petition shall be signed by the petitioner under penalty of 
perjury and shall set forth the nature and extent of the petitioner's 
right, title, or interest in the property, the time and circumstances 
of the petitioner's acquisition of the right, title, or interest in the 
property, any additional facts supporting the petitioner's claim, and 
the relief sought. 
"(4) The hearing on the petition shall, to the extent practicable 
and consistent with the interests of justice, be held within thirty 
days of the filing of the petition. The court may consolidate the 
hearing on the petition with a hearing on any other petition filed by 
a person other than the defendant under this subsection. 
"(5) At the hearing, the petitioner may testify and present evi-
dence and witnesses on his own behalf, and cross-examine witnesses 
who appear at the hearing. The United States may present evidence 
and witnesses in rebuttal and in defense of its claim to the property 
and cross-examine witnesses who appear at the hearing. In addition 
to testimony and evidence presented at the hearing, the court shall 
consider the relevant portions of the record of the criminal case 
which resulted in the order of forfeiture. 
"(6) If, after the hearing, the court determines that the petitioner 
has established by a preponderance of the evidence that— 
"(A) the petitioner has a legal right, title, or interest in the 
property, and such right, title, or interest renders the order of 
forfeiture invalid in whole or in part because the right, title, or 
interest was vested in the petitioner rather than the defendant 
or was superior to any right, title, or interest of the defendant at 
the time of the commission of the acts which gave rise to the 
forfeiture of the property under this section; or 
"(B) the petitioner is a bona fide purchaser for value of the 
right, title, or interest in the property and was at the time of 
purchase reasonably without cause to believe that the property 
was subject to forfeiture under this section; 
the court shall amend the order of forfeiture in accordance with its 
determination. 
"(7) Following the court's disposition of all petitions filed under 
this subsection, or if no such petitions are filed following the expira-
tion of the period provided in paragraph (2) for the filing of such 
petitions, the United States shall have clear title to property that is 
the subject of the order of forfeiture and may warrant good title to 
any subsequent purchaser or transferee.". 
PART B 
SEC. 303. Part D of title II of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 841 et seq.) is 
amended by adding at the end thereof the following new sections 413 
and 414: 
"CRIMINAL FORFEITURES 
"PROPERTY SUBJECT TO CRIMINAL FORFEITURE 
Post, p. 2192, 
"SEC. 413. (a) Any person convicted of a violation of this title or 
2i^usc 853 
^^^^^ 
punishable by imprisonment for more than one year shall 
21 use 95l! 
forfeit to the United States, irrespective of any provision of State 
law— 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2045 
"(1) any property constituting, or derived from, any proceeds 
the person obtained, directly or indirectly, as the result of such 
violation; 
"(2) any of the person's property used, or intended to be used, 
in any manner or part, to commit, or to facilitate the commis-
sion of, such violation; and 
"(3) in the case of a person convicted of engaging in a continu-
ing criminal enterprise in violation of section 408 of this title (21 
U.S.C. 848), the person shall forfeit, in addition to any property 
described in paragraph (1) or (2), any of his interest in, claims 
against, and property or contractual rights affording a source of 
control over, the continuing criminal enterprise. 
The court, in imposing sentence on such person, shall order, in 
addition to any other sentence imposed pursuant to this title or title 
III, that the person forfeit to the United States all property 
21USC 951. 
described in this subsection. 
"MEANING OF TERM 'PROPERTY' 
"(b) Property subject to criminal forfeiture under this section 
includes— 
"(1) real property, including things growing on, affixed to, and 
found in land; and 
"(2) tangible and intangible personal property, including 
rights, privileges, interests, claims, and securities. 
"THIRD PARTY TRANSFERS 
"(c) All right, title, and interest in property described in subsec-
tion (a) vests in the United States upon the commission of the act 
giving rise to forfeiture under this section. Any such property that is 
subsequently transferred to a person other than the defendant may 
be the subject of a special verdict of forfeiture and thereafter shall 
be ordered forfeited to the United States, unless the transferee 
establishes in a hearing pursuant to subsection (o) that he is a bona 
fide purchaser for value of such property who at the time of 
purchase was reasonably without cause to believe that the property 
was subject to forfeiture under this section. 
"(d) If any of the property described in subsection (a)— 
"(1) cannot be located; 
"(2) has been transferred to, sold to, or deposited with a third 
party; 
"(3) has been placed beyond the jurisdiction of the court; 
"(4) has been substantially diminished in value by any act or 
omission of the defendant; or 
"(5) has been commingled with other property which cannot 
be divided without difficulty; 
the court shall order the forfeiture of any other property of the 
defendant up to the value of any property described in paragraphs 
(1) through (5). 
"REBUTTABLE PRESUMPTION 
"(e) There is a rebuttable presumption at trial that any property 
of a person convicted of a felony under this title or title III is subject 
to forfeiture under this section if the United States establishes by a 
preponderance of the evidence that— 
98 STAT. 2046 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(1) such property was acquired by such person during the 
21 use 951. 
period of the violation of this title or title III or within a 
reasonable time after such period; and 
"(2) there was no likely source for such property other than 
the violation of this title or title III. 
"PROTECTIVE ORDERS 
"(f)(1) Upon application of the United States, the court may enter 
a restraining order or injunction, require the execution of a satisfac-
tory performance bond, or take any other action to preserve the 
availability of property described in subsection (a) for forfeiture 
under this section— 
"(A) upon the filing of an indictment or information charging 
a violation of this title or title III for which criminal forfeiture 
may be ordered under this section and alleging that the prop-
erty with respect to which the order is sought would, in the 
event of conviction, be subject to forfeiture under this section; or 
"(B) prior to the filing of such an indictment or information, 
if, after notice to persons appearing to have an interest in the 
property and opportunity for a hearing, the court determines 
that— 
"(i) there is a substantial probability that the United 
States will prevail on the issue of forfeiture and that failure 
to enter the order will result in the property being 
destroyed, removed from the jurisdiction of the court, or 
otherwise made unavailable for forfeiture; and 
"(ii) the need to preserve the availability of the property 
through the entry of the requested order outweighs the 
hardship on any party against whom the order is to be 
entered: 
Provided, however, That an order entered pursuant to subparagraph 
(B) shall be effective for not more than ninety days, unless extended 
by the court for good cause shown or unless an indictment or 
information described in subparagraph (A) has been filed. 
"(2) A temporary restraining order under this subsection may be 
entered upon application of the United States without notice or 
opportunity for a hearing when an information or indictment has 
not yet been filed with respect to the property, if the United States 
demonstrates that there is probable cause to believe that the 
property with respect to which the order is sought would, in the 
event of conviction, be subject to forfeiture under this section and 
that provision of notice will jeopardize the availability of the prop-
erty for forfeiture. Such a temporary order shall expire not more 
than ten days after the date on which it is entered, unless extended 
for good cause shown or unless the party against whom it is entered 
consents to an extension for a longer period. A hearing requested 
concerning an order entered under this paragraph shall be held at 
the earliest possible time and prior to the expiration of the tempo-
rary order. 
"(3) The court may receive and consider, at a hearing held pursu-
ant to this subsection, evidence and information that would be 
28 use app. 
inadmissible under the Federal Rules of Evidence. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2047 
"WARRANT OF SEIZURE 
"(g) The Government may request the issuance of a warrant 
authorizing the seizure of property subject to forfeiture under this 
section in the same manner as provided for a search warrant. If the 
court determines that there is probable cause to believe that the 
property to be seized would, in the event of conviction, be subject to 
forfeiture and that an order under subsection (f) may not be suffi-
cient to assure the availability of the property for forfeiture, the 
court shall issue a warrant authorizing the seizure of such property. 
"EXECUTION 
"(h) Upon entry of an order of forfeiture under this section, the 
court shall authorize the Attorney General to seize all property 
ordered forfeited upon such terms and conditions as the court shall 
deem proper. Following entry of an order declaring the property 
forfeited, the court may, upon application of the United States, 
enter such appropriate restraining orders or injunctions, require the 
execution of satisfactory performance bonds, appoint receivers, con-
servators, appraisers, accountants, or trustees, or take any other 
action to protect the interest of the United States in the property 
ordered forfeited. Any income accruing to or derived from property 
ordered forfeited under this section may be used to offset ordinary 
and necessary expenses to the property which are required by law, 
or which are necessary to protect the interests of the United States 
or third parties. 
"DISPOSITION OF PROPERTY 
"(i) Following the seizure of property ordered forfeited under this 
section, the Attorney General shall direct the disposition of the 
property by sale or any other commercially feasible means, making 
due provision for the rights of any innocent persons. Any property 
right or interest not exercisable by, or transferable for value to, the 
United States shall expire and shall not revert to the defendant, nor 
shall the defendant or any person acting in concert with him or on 
his behalf be eligible to purchase forfeited property at any sale held 
by the United States. Upon application of a person, other than the 
defendant or a person acting in concert with him or on his behalf, 
the court may restrain or stay the sale or disposition of the property 
pending the conclusion of any appeal of the criminal case giving rise 
to the forfeiture, if the applicant demonstrates that proceeding with 
the sale or disposition of the property will result in irreparable 
injury, harm, or loss to him. 
"AUTHORITY OF THE ATTORNEY GENERAL 
"(j) With respect to property ordered forfeited under this section, 
the Attorney General is authorized to— 
"(1) grant petitions for mitigation or remission of forfeiture, 
restore forfeited property to victims of a violation of this chap-
ter, or take any other action to protect the rights of innocent 
persons which is in the interest of justice and which is not 
inconsistent with the provisions of this section; 
"(2) compromise claims arising under this section; 
"(3) award compensation to persons providing information 
resulting in a forfeiture under this section; 
98 STAT. 2048 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(4) direct the disposition by the United States, in accordance 
with the provisions of section 511(e) of this title (21 U.S.C. 
881(e)), of all property ordered forfeited under this section by 
public sale or any other commercially feasible means, making 
due provision for the rights of innocent persons; and 
"(5) take appropriate measures necessary to safeguard and 
maintain property ordered forfeited under this section pending 
its disposition. 
"APPUCABILTTY OF CIVIL FORFEITURE PROVISIONS 
"(k) Except to the extent that they are inconsistent with the 
provisions of this section, the provisions of section 511(d) of this title 
(21 U.S.C. 881(d)) shall apply to a criminal forfeiture under this 
section. 
"BAR ON INTERVENTION 
"(1) Except as provided in subsection (o), no party claiming an 
interest in property subject to forfeiture under this section may— 
"(1) intervene in a trial or appeal of a criminal case involving 
the forfeiture of such property under this section; or 
"(2) commence an action at law or equity against the United 
States concerning the validity of his alleged interest in the 
property subsequent to the filing of an indictment or informa-
tion alleging that the property is subject to forfeiture under this 
section. 
"JURISDICTION TO ENTER ORDERS 
"(m) The district courts of the United States shall have jurisdic-
tion to enter orders as provided in this section without regard to the 
location of any property which may be subject to forfeiture under 
this section or which has been ordered forfeited under this section. 
"DEPOSITIONS 
"(n) In order to facilitate the identification and location of 
property declared forfeited and to facilitate the disposition of peti-
tions for remission or mitigation of forfeiture, after the entry of an 
order declaring property forfeited to the United States, the court 
may, upon application of the United States, order that the testimony 
of any witness relating to the property forfeited be taken by deposi-
tion and that any designated book, paper, document, record, record-
ing, or other material not privileged be produced at the same time 
and place, in the same manner as provided for the taking of 
depositions under Rule 15 of the Federal Rules of Criminal 
18 use app. 
Procedure. 
"THIRD PARTY INTERESTS 
"(oKD Following the entry of an order of forfeiture under this 
section, the United States shall publish notice of the order and of its 
intent to dispose of the property for at least seven successive court 
days in such manner as the Attorney General may direct. The 
Government may also, to the extent practicable, provide direct 
written notice to any person known to have alleged an interest in 
the property that is the subject of the order of forfeiture as a 
substitute for published notice as to those persons so notified. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2049 
"(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited to the United 
States pursuant to this section may, within thirty days of the finsd 
publication of notice or his receipt of notice under paragraph (1), 
whichever is earlier, petition the court for a hearing to adjudicate 
the validity of his alleged interest in the property. The hearing shall 
be held before the court alone, without a jury. 
"(3) The petition shall be signed by the petitioner under penalty of 
perjury and shall set forth the nature and extent of the petitioner's 
right, title, or interest in the property, the time and circumstances 
of the petitioner's acquisition of the right, title, or interest in the 
property, any additional facts supporting the petitioner's claim, and 
the relief sought. 
"(4) The hearing on the petition shall, to the extent practicable 
and consistent with the interests of justice, be held within thirty 
days of the filing of the petition. The court may consolidate the 
hearing on the petition with a hearing on any other petition filed by 
a person other than the defendant under this subsection. 
"(5) At the hearing, the petitioner may testify and present evi-
dence and witnesses on his own behalf, and cross-examine witnesses 
who appear at the hearing. The United States may present evidence 
and witnesses in rebuttal and in defense of its claim to the property 
and cross-examine witnesses who appear at the hearing. In addition 
to testimony and evidence presented at the hearing, the court shall 
consider the relevant portions of the record of the criminal case 
which resulted in the order of forfeiture. 
"(6) If, after the hesiring, the court determines that the petitioner 
has established by a preponderance of the evidence that— 
"(A) the petitioner has a legal right, title, or interest in the 
property, and such right, title, or interest renders the order of 
forfeiture invalid in whole or in part because the right, title, or 
interest was vested in the petitioner rather them the defendant 
or was superior to any right, title, or interest of the defendant at 
the time of the commission of the acts which gave rise to the 
forfeiture of the property under this section; or 
"(B) the petitioner is a bona fide purchaser for value of the 
right, title, or interest in the property and was at the time of 
purchase reasonably without cause to believe that the property 
was subject to forfeiture under this section; 
'• 
the court shall amend the order of forfeiture in accordance with its 
determination. 
"(7) Following the court's disposition of all petitions filed under 
this subsection, or if no such petitions are filed following the expira-
tion of the period provided in paragraph (2) for the filing of such 
petitions, the United States shall have clear title to property that is 
the subject of the order of forfeiture and may warrant good title to 
any sul^equent purchaser or transferee. 
(p) TTie provisions of this section shall be liberally construed to 
effectuate its remedial purposes. 
"INVESTMENT OF ILUCIT DRUG PROFITS 
"SEC. 414. (a) It shall be unlawful for any person who has received 
21 use 854. 
any income derived, directly or indirectly, from a violation of this 
title or title III punishable by imprisonment for more than one year 
21 USC 951. 
in which such person has participated as a principal within the 
meaning of section 2 of title 18, United States Code, to use or invest, 
98 STAT. 2050 
PUBLIC LAW 98-473—OCT. 12, 1984 
21 use 951. 
Penalties. 
directly or indirectly, any part of such income, or the proceeds of 
such income, in acquisition of any interest in, or the establishment 
or operation of, any enterprise which is engaged in, or the activities 
Securities. 
of which affect interstate or foreign commerce. A purchase of securi-
ties on the open market for purposes of investment, and without the 
intention of controlling or participating in the control of the issuer, 
or of assisting another to do so, shall not be unlawful under this 
section if the securities of the issuer held by the purchaser, the 
members of his immediate family, and his or their accomplices in 
any violation of this title or title III after such purchase do not 
amount in the aggregate to 1 per centum of the outstanding securi-
ties of any one class, and do not confer, either in law or in fact, the. 
power to elect one or more directors of the issuer. 
"(b) Whoever violates this section shall be fined not more than 
$50,000 or imprisoned not more than ten years, or both. 
"(c) As used in this section, the term 'enterprise' includes any 
individual, partnership, corporation, association, or other legal 
entity, and any union or group of individuals associated in fact 
although not a legal entity. 
"(d) The provisions of this section shall be liberally construed to 
effectuate its remedial purposes.". 
SEC. 304. Section 304 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 824) is amended by adding at 
the end of subsection (f) the following sentence: "All right, title, and 
interest in such controlled substances shall vest in the United States 
upon a revocation order becoming final.". 
SEC. 305. Section 408 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 848) is amended— 
(a) in subsection (a)— 
(1) by striking out "(1)"; 
(2) by striking out "paragraph (2)" each time it appears, and 
inserting in lieu thereof "section 413 of this title"; and 
(3) by striking out paragraph (2); and 
(b) by striking out subsection (d). 
SEC. 306. Section 511 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 881) is amended— ^ 
(a) in subsection (a) by inserting at the end thereof the following 
new subsection: 
Real property. 
"(7) All real property, including any right, title, and interest 
in the whole of any lot or tract of land and any appurtenances 
or improvements, which is used, or intended to be used, in any 
manner or part, to commit, or to facilitate the commission of, a 
violation of this title punishable by more than one year's impris-
onment, except that no property shall be forfeited under this 
paragraph, to the extent of an interest of an owner, by reason of 
any act or omission established by that owner to have been 
committed or omitted without the knowledge or consent of that 
owner."; 
(b) in subsection (b)— 
(1) by inserting "civil or criminal" after "Any property sub-
ject to' ; and 
(2) by striking out in paragraph (4) "has been used or is 
intended to be used in violation of and inserting in lieu thereof 
"is subject to civil or criminal forfeiture under"; 
(c) in subsection (c)— 
(1) by inserting in the second sentence "any of after "When-
ever property is seized under"; and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2051 
(2) by inserting in paragraph (3) ", if practicable," after 
"remove it"; 
(d) in subsection (d), by inserting "any of after "alleged to have 
been incurred, under"; 
(e) in subsection (e)— 
(1) by inserting "civilly or criminally" in the first sentence 
after "Whenever property is"; and 
(2) by striking out in paragraph (3) "and remove it for disposi-
tion" and inserting in lieu thereof "and dispose of it"; and 
(f) by inserting at the end thereof the following new subsections: 
"(h) All right, title, and interest in property described in subsec-
tion (a) shall vest in the United States upon commission of the act 
giving rise to forfeiture under this section. 
"(i) The filing of an indictment or information alleging a violation 
of this title or title III which is also related to a civil forfeiture 
21 USC 951. 
proceeding under this section shall, upon motion of the United 
States and for good cause shown, stay the civil forfeiture proceeding. 
"(j) In addition to the venue provided for in section 1395 of title 28, 
United States Code, or any other provision of law, in the case of 
property of a defendant charged with a violation that is the basis for 
forfeiture of the property under this section, a proceeding for forfeit-
ure under this section may be brought in the judicial district in 
which the defendant owning such property is found or in the judicial 
district in which the criminal prosecution is brought.". 
SEC. 307. Part A of title III of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 is amended by adding at the end 
thereof the following new section: 
"CRIMINAL FORFEITURES 
"SEC. 1017. Section 413 of title II, relating to criminal forfeitures, 
21 USC 970. 
shall apply in every respect to a violation of this title punishable by 
^"^^' P- 2044. 
imprisonment for more than one year.". 
SEC. 308. The table of contents of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 is amended— 
(a) by adding immediately after 
"Sec. 412. Applicability of treaties and other international agreements.". 
the following new items: 
"Sec. 413. Criminal forfeitures. 
"Sec. 414. Investment of illicit drug profits.". 
and 
(b) by adding immediately after 
"Sec. 1016. Authority of Secretary of the Treasury.". 
the following new item: 
"Sec. 1017. Criminal forfeitures.". 
PART C 
SEC. 309. (a) Section 511(e)(1) of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 881(e)(1)) is amended 
by adding after "retain the property for official use" the following: 
"or transfer the custody or ownership of any forfeited property to 
any Federal, State, or local agency pursuant to section 616 of the 
Tariff Act of 1930 (19 U.S.C. 1616)". 
Post, p. 2055. 
Ot)) Section 511(e) of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 881(e)) is amended by inserting 
98 STAT. 2052 
PUBLIC LAW 98-473—OCT. 12, 1984 
Post, p. 2193. 
Department of 
Justice Assets 
Forfeiture Fund, 
establishment. 
21 u s e 801 note. 
before "The proceeds from any sale under paragraph (2)" the follow-
ing: "The Attorney General shall ensure the equitable transfer 
pursuant to paragraph (1) of any forfeited property to the appropri-
ate State or local law enforcement agency so as to reflect generally 
the contribution of any such agency participating directly in any of 
the acts which led to the seizure or forfeiture of such property. A 
decision by the Attorney General pursuant to paragraph (1) shall 
not be subject to review.". 
(c) Section 511(e) of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 881(e)) is further amended by 
striking out "the general fund of the United States Treasury" in the 
sentence beginning "The Attorney General shall" and inserting in 
lieu thereof "accordance with section 524(c) of title 28, United States 
Code". 
SEC. 310. Section 524 of title 28, United States Code, is amended by 
adding at the end the following new subsection: 
"(c)(1) There is established in the United States Treasury a special 
fund to be known as the Department of Justice Assets Forfeiture 
Fund (hereinafter in this subsection referred to as the 'fund') which 
shall be available to the Attorney General without fiscal year 
limitation in such amounts as may be specified in appropriations 
Acts for the following purposes of the Department of Justice— 
"(A) the payment, at the discretion of the Attorney General, 
of any expenses necessary to seize, detain, inventory, safeguard, 
maintain, advertise, or sell property under seizure, detention, or 
forfeited pursuant to any law enforced or administered by the 
Department of Justice, or of any other necessary expenses 
incident to the seizure, detention, or forfeiture of such property; 
such payments may include payments for contract services and 
payments to reimburse any Federal, State, or local agency for 
any expenditures made to perform the foregoing functions; 
"(B) the payment of awards for information or assistance 
leading to a civil or criminal forfeiture under the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
800 et seq.) or a criminal forfeiture under the Racketeer Influ-
enced and Corrupt Organizations statute (18 U.S.C. 1961 et seq.), 
at the discretion of the Attorney General; 
"(C) the compromise and payment of valid liens and mort-
gages against property that has been forfeited pursuant to any 
law enforced or administered by the Department of Justice, 
subject to the discretion of the Attorney General to determine 
the validity of any such lien or mortgage and the amount of 
payment to be made; and 
"(D) disbursements authorized in connection with remission 
or mitigation procedures relating to property forfeited under 
any law enforced or administered by the Department of Justice. 
"(2) Any award paid from the fund for information concerning a 
forfeiture, as provided in paragraph (1)(B), shall be paid at the 
discretion of the Attorney General or his delegate, except that the 
authority to pay an award of $10,000 or more shall not be delegated 
to any person other than the Deputy Attorney General, the Associ-
ate Attorney General, the Director of the Federal Bureau of 
Investigation, or the Administrator of the Drug Enforcement Ad-
ministration. Any award for such information shall not exceed the 
lesser of $150,000 or one-fourth of the amount realized by the United 
States from the property forfeited. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2053 
"(3) There shall be deposited in the fund all amounts from the 
forfeiture of property under any law enforced or administered by 
the Department of Justice remaining after the payment of expenses 
for forfeiture and sale authorized by law. 
"(4) Amounts in the fund which are not currently needed for the 
purpose of this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States. 
"(5) The Attorney General shall transmit to the Congress, not 
later than four months after the end of each fiscal year a detailed 
report on the amounts deposited in the fund and a description of 
expenditures made under this subsection. 
"(6) The provisions of this subsection relating to deposits in the 
fund shall apply to all property in the custody of the Department of 
Justice on or after the effective date of the Comprehensive Forfeit-
ure Act of 1983. 
"(7) For fiscal years 1984, 1985, 1986, and 1987, there are author-
ized to be appropriated such sums as may be necessary for the 
purposes described in paragraph (1). At the end of each fiscal year, 
any amount in the fund in excess of the amount appropriated shall 
be deposited in the general fund of the Treasury of the United 
States, except that an amount not to exceed $5,000,000 may be 
carried forward and available for appropriation in the next fiscal 
year. 
"(8) For the purposes of this subsection, property is forfeited 
pursuant to a law enforced or administered by the Department of 
Justice if it is forfeited pursuant to— 
"(A) any criminal forfeiture proceeding; 
"(B) any civil judicial forfeiture proceeding; or 
"(C) any civil administrative forfeiture proceeding conducted 
by the Department of Justice; 
except to the extent that the seizure was effected by a Customs 
officer or that custody was maintained by the Customs Service in 
which case the provisions of section 613a of the Tariff Act of 1930 (19 
U.S.C. 1613a) shall apply.". 
PARTD 
SEC. 311. Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) is 
amended to read as follows: 
"§ 607. Seizure; value $100,000 or less, prohibited articles, trans-
porting conveyances 
"(a) If-
"(1) the value of such seized vessel, vehicle, aircraft, merchan-
dise, or baggage does not exceed $100,000; 
"(2) such seized merchandise consists of articles the importa-
tion of which is prohibited; or 
"(3) such seized vessel, vehicle, or aircraft was used to import, 
export, or otherwise transport 
or store any 
controlled 
substances; 
the appropriate customs officer shall cause a notice of the seizure of 
such articles and the intention to forfeit and sell or otherwise 
dispose of the same according to law to be published for at least 
three successive weeks in such manner as the Secretary of the 
Treasury may direct. Written notice of seizure together with infor-
mation on the applicable procedures shall be sent to each party who 
appears to have an interest in the seized article. 
Report. 
Appropriation 
authorization. 
Post, p. 2054. 
98 STAT. 2054 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(b) As used in this section, the term 'controlled substance' has 
the meaning given that term in section 102 of the Controlled 
Substances Act (21 U.S.C. 802).". 
SEC. 312. Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is 
amended in the second sentence by inserting after "penal sum o f 
the following: "$5,000 or 10 per centum of the value of the claimed 
property, whichever is lower, but not less than,". 
SEC. 313. Section 609 of the Tariff Act of 1930 (19 U.S.C. 1609) is 
amended by striking out "after deducting the actual expenses of 
seizure, publication, and sale in the Treasury of the United States." 
and inserting in lieu thereof "after deducting expenses enumerated 
in section 613 of this Act into the Customs Forfeiture Fund.". 
SEC. 314. Section 610 of the Tariff Act of 1930 (19 U.S.C. 1610) is 
amended by striking out "If the value of any vessel, vehicle, mer-
chandise, or baggage so seized is greater than $10,000," and substi-
tuting in lieu thereof the following: "If any vessel, vehicle, aircraft, 
merchandise, or baggage is not subject to the procedure set forth in 
section 607,". 
SEC. 315. Section 612 of the. Tariff Act of 1930 (19 U.S.C. 1612) is 
amended by— 
(1) inserting "aircraft," immediately after "vehicle," wher-
ever it appears in the section; 
(2) striking out "and the value of such vessel, vehicle, mer-
chandise, or baggage as determined under section 606 does not 
exceed $10,000," in the first sentence and inserting in lieu 
thereof the following: "and the article is subject to the provi-
sions of section 607 of this Act,"; and 
(3) striking out "If such value of such vessel, vehicle, mer-
chandise, or baggage exceeds $10,000," in the second sentence 
and inserting in lieu thereof the following: "If the article is not 
subject to the provisions of section 607 of this Act,". 
SEC. 316. Section 613(a)(3) of the Tariff Act of 1930 (19 U.S.C. 
1613(a)(3)) is amended to read as follows: 
"(3) The residue shall be deposited in the Customs Forfeiture 
Fund.". 
SEC. 317. The Tariff Act of 1930 is amended by adding a new 
section immediately after section 613 (19 U.S.C. 1613) to read as 
follows: 
19 use 1613a. 
"§ 613a. Customs Forfeiture Fund 
Establishment. 
"(a) There is hereby established in the Treasury of the United 
States a special fund for the United States Customs Service that 
shall be entitled the 'Customs Forfeiture Fund' (hereinafter referred 
to in this section as the 'fund'). This fund shall be available without 
fiscal year limitation in such amounts as may be specified in appro-
priations Acts for the following purposes of the United States 
Customs Service— 
"(1) the payment of all proper expenses of the seizure or 
detention or the proceedings of forfeiture and sale (not other-
19 use 1613. 
wise recovered under section 613(a)) including but not limited 
to, expenses of inventory, security, maintaining the custody of 
the property, advertising and sale, and if condemned by the 
court and a bond for such costs was not given, the costs as taxed 
by the court; and 
"(2) the payment of awards of compensation to informers 
Post, p. 2056. 
under section 619 of the Tariff Act of 1930, as amended. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2055 
"(b) There shall be deposited in the fund all proceeds from the sale 
or other disposition of property forfeited under, and any currency or 
monetary instruments seized and forfeited under, the laws enforced 
or administered by the United States Customs Service. 
"(c) Amounts in the fund which are not currently needed for the 
purposes of this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States. 
"(d) The Commissioner of Customs shall transmit to the Congress, 
not later than four months after the end of each fiscal year a 
detailed report on the amounts deposited in the fund and a descrip-
tion of expenditures made under this section. 
"(e) The provisions of this section relating to deposits in the fund 
shall apply to all property in the custody of the United States 
Customs Service on or after the effective date of the Comprehensive 
Forfeiture Act of 1983. 
"(f) For the purposes described in subsection (a), there are author-
ized to be appropriated from the fund for fiscal year 1984 not more 
than $10,000,000, for fiscal year 1985 not more than $15,000,000, for 
fiscal year 1986, not more than $20,000,000, and for fiscal year 1987 
not more than $20,000,000. Amounts in the fund in excess of the 
amounts appropriated at the end of each fiscal year shall be 
deposited in the General Fund of the Treasury of the United States. 
At the end of the last fiscal year for which appropriations from the 
fund are authorized by this Act, the fund shall cease to exist and 
any amount then remaining in the fund shall be deposited in the 
General Fund of the Treasury of the United States.". 
SEC. 318. A new section 616 is added to the Tariff Act of 1930 (19 
U.S.C. 1616) to read as follows: 
"§ 616. Disposition of forfeited property 
"(a) Notwithstanding any other provision of the law, the Commis-
sioner is authorized to retain forfeited property, or to transfer such 
property on such terms and conditions as he may determine to— 
"(1) any other Federal agency; or 
"(2) any State or local law enforcement agency which partici-
pated directly in any of the acts which led to the seizure or 
forfeiture of the property. 
The Secretary of the Treasury shall ensure the equitable transfer 
pursuant to paragraph (2) of any forfeited property to the appropri-
ate State or local law enforcement agency so as to reflect generally 
the contribution of any such agency participating directly in any of 
the acts which led to the seizure or forfeiture of such property. A 
decision by the Secretary pursuant to paragraph (2) shall not be 
subject to review. The United States shall not be liable in any action 
arising out of the use of any property the custody of which was 
transferred pursuant to this section to any non-Federal agency. 
"(b) The Secretary of the Treasury may order the discontinuance 
of any forfeiture proceedings under this Act in favor of the institu-
tion of forfeiture proceedings by State or local authorities under an 
appropriate State or local statute. After the filing of a complaint for 
forfeiture under this Act, the Attorney General may seek dismissal 
of the complaint in favor of forfeiture proceedings under State or 
local law. 
"(c) Whenever forfeiture proceedings are discontinued by the 
United States in favor of State or local proceedings, the United 
States may transfer custody and possession of the seized property to 
Report. 
Appropriation 
authorization. 
98 STAT. 2056 
PUBLIC LAW 98-473—OCT. 12, 1984 
the appropriate State or local official immediately upon the initi-
ation of the proper actions by such officials. 
"(d) Whenever forfeiture proceedings are discontinued by the 
United States in favor of State or local proceedings, notice shall be 
sent to all known interested parties advising them of the discontinu-
ance or dismissal. The United States shall not be liable in any action 
arising out of the seizure, detention, and transfer of seized property 
to State or local officials.". 
SEC. 319. Section 619 of the Tariff Act of 1930 (19 U.S.C. 1619) is 
amended by— 
(a) striking out "$50,000" each time it appears and inserting 
in lieu thereof "$150,000"; and 
(b) adding at the end thereof "In no event shall the Secretiary 
delegate the authority to pay an award under this section in 
excess of $10,000 to an official below the level of the Commis-
sioner of Customs.". 
SEC. 320. The Tariff Act of 1930 is amended by adding a new 
section 589, to read as follows: 
19 use 1589. 
"§ 589. Arrest authority of customs officers 
"Subject to the direction of the Secretary of the Treasury, an 
19 use 1401. 
officer of the Customs Service as defined in section 401(i) of this Act, 
as amended, may— 
"(1) carry a firearm; 
"(2) execute and serve any order, warrant, subpoena, sum-
mons, or other process issued under the authority of the United 
States; 
"(3) make an arrest without a warrant for any offense against 
the United States committed in the officer's presence or for a 
felony, cognizable under the laws of the United States commit-
ted outside the officer's presence if the officer has reasonable 
grounds to believe that the person to be arrested has committed 
or is committing a felony; and 
"(4) perform any other law enforcement duty that the Secre-
tary of the Treasury may designate.". 
Repeal. 
(b) Section 7607 of the Internal Revenue Act of 1954 (26 U.S.C. 
7607) is repealed. 
SEC. 321. Sections 602, 605, 606, 608, 609, 611, 613, 614, 615, 618, 
and 619 (19 U.S.C. 1602, 1605, 1606, 1608, 1609, 1611, 1613, 1614, 
1615, 1618, and 1619) of the Tariff Act of 1930 are amended by 
inserting the word "aircraft," immediately after the words "vehicle" 
or "vehicles," wherever they appear. 
SEC. 322. Section 644 of the Tariff Act of 1930 (19 U.S.C. 1644) is 
amended to read as follows: 
"§ 644. Application of the Federal Aviation Act and section 1518(d) 
of title 33 
"(a) The authority vested by section 1109 of the Federal Aviation 
49 use app. 
Act of 1958 (49 U.S.C. 1509) in the Secretary of the Treasury, by 
1509. 
regulation to provide for the application to civil air navigation of the 
laws and regulations relating to the administration of customs, and 
of the laws and regulations relating to the entry and clearance of 
vessels, shall extend to the application in like manner of any of the 
19 use 1711. 
provisions of this Act, or of the Anti-Smuggling Act of 1935, or of 
any regulations promulgated hereunder. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2057 
"(b) For purposes of section 1518(d) of title 33, the term 'customs 
laws administered by the Secretary of the Treasury' shall mean this 
chapter and any other provisions of law classified to this title.". 
SEC. 323. The Tariff Act of 1930 is amended by adding a new 
section 600 to read as follows: 
"§ 600. Application of the customs laws to other seizures by cus- 
19 USC 1600. 
toms officers 
"The procedures set forth in sections 602 through 619 of this Act 
(19 U.S.C. 1602 through 1619) shall apply to seizures of any property 
effected by customs officers under any law enforced or adminis-
tered by the Customs Service unless such law specifies differ-
ent procedures.". 
C H A P T E R I V — O F F E N D E R S W I T H M E N T A L D I S E A S E O R 
Insanity Defense 
D E F E C T 
Reform Act of 
1984. 
SEC. 401. This chapter may be sited as the "Insanity Defense 
18 use 4241 
Reform Act of 1984." 
note. 
SEC. 402. (a) Chapter 1 of title 18, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 20. Insanity defense 
18 USC 20. 
"(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a 
prosecution under any Federal statute that, at the time of the 
commission of the acts constituting the offense, the defendant, as a 
result of a severe mental disease or defect, was unable to appreciate 
the nature and quality or the wrongfulness of his acts. Mental 
disease or defect does not otherwise constitute a defense. 
"(b) BURDEN OF PROOF.—The defendant has the burden of proving 
the defense of insanity by clear and convincing evidence.". 
(b) The sectional analysis of chapter 1 of title 18, United States 
Code, is amended to add the following new section 20: 
"20. Insanity Defense.". 
SEC. 403. (a) Chapter 313 of title 18, United States Code, is 
amended to read as follows: 
"CHAPTER 313—OFFENDERS WITH MENTAL 
DISEASE OR DEFECT 
"Sec. 
"4241. Determination of mental competency to stand trial. 
"4242. Determination of the existence of insanity at the time of the offense. 
"4243. Hospitalization of a person found not guilty only by reason of insanity. 
"4244. Hospitalization of a convicted person suffering from mental disease or defect. 
"4245. Hospitalization of an imprisoned person suffering from mental disease or 
defect. 
"4246. Hospitalization of a person due for release but suffering from mental disease 
or defect. 
"4247. General provisions for chapter. 
"§ 4241. Determination of mental competency to stand trial 
18 use 4241. 
"(a) MOTION TO DETERMINE COMPETENCY OF DEFENDANT.—At any 
time after the commencement of a prosecution for an offense and 
prior to the sentencing of the defendant, the defendant or the 
attorney for the Government may file a motion for a hearing to 
determine the mental competency of the defendant. The court shall 
31-194 - 0 - 86 - 29 : QL. 3 Part 2 
98 STAT. 2058 
PUBLIC LAW 98-473—OCT. 12, 1984 
grant the motion, or shall order such a hearing on its own motion, if 
there is reasonable cause to believe that the defendant may pres-
ently be suffering from a mental disease or defect rendering him 
mentally incompetent to the extent that he is unable to understand 
the nature and consequences of the proceedings against him or to 
assist properly in his defense. 
"(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— 
Prior to the date of the hearing, the court may order that a 
psychiatric or psychological examination of the defendant be con-
ducted, and that a psychiatric or psychological report be filed with 
the court, pursuant to the provisions of section 4247 (b) and (c). 
"(c) HEARING.—The hearing shall be conducted pursuant to the 
provisions of section 4247(d). 
"(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the 
court finds by a preponderance of the evidence that the defendant is 
presently suffering from a mental disease or defect rendering him 
mentally incompetent to the extent that he is unable to understand 
the nature and consequences of the proceedings against him or to 
assist properly in his defense, the court shall commit the defendant 
to the custody of the Attorney General. The Attorney General shall 
hospitalize the defendant for treatment in a suitable facility— 
"(1) for such a reasonable period of time, not to exceed four 
months, as is necessary to determine whether there is a sub-
stantial probability that in the foreseeable future he will attain 
the capacity to permit the trial to proceed; and 
"(2) for an additional reasonable period of time until— 
"(A) his mental condition is so improved that trial may 
proceed, if the court finds that there is a substantial proba-
bility that within such additional period of time he will 
attain the capacity to permit the trial to proceed; or 
"(B) the pending charges against him are disposed of 
according to law; 
whichever is earlier. 
If, at the end of the time period specified, it is determined that the 
defendant's mental condition has not so improved as to permit the 
trial to proceed, the defendant is subject to the provisions of section 
4246. 
"(e) DISCHARGE.—When the director of the facility in which a 
defendant is hospitalized pursuant to subsection (d) determines that 
the defendant has recovered to such an extent that he is able to 
understand the nature and consequences of the proceedings against 
him and to assist properly in his defense, he shall promptly file a 
certificate to that effect with the clerk of the court that ordered the 
commitment. The clerk shall send a copy of the certificate to the 
defendant's counsel and to the attorney for the Government. The 
court shall hold a hearing, conducted pursuant to the provisions of 
section 4247(d), to determine the competency of the defendant. If, 
after the hearing, the court finds by a preponderance of the evidence 
that the defendant has recovered to such an extent that he is able to 
understand the nature and consequences of the proceedings against 
him and to assist properly in his defense, the court shall order his 
immediate discharge from the facility in which he is hospitalized 
and shall set the date for trial. Upon discharge, the defendant is 
Ante, pp. 1976, 
subject to the provisions of chapter 207. 
1985. 
"(f) ADMISSIBILITY OF FINDING OF COMPETENCY.—A finding by 
the 
court that the defendant is mentally competent to stand trial shall 
not prejudice the defendant in raising the issue of his insanity as a 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2059 
defense to the offense charged, and shall not be admissible as 
evidence in a trial for the offense charged. 
'*§ 4242. Determination of the existence of insanity at the time of 
18 USC 4242. 
the offense 
"(a) MOTION FOR PRETRIAL PSYCHIATRIC OR PSYCHOLOGICAL EXAMI-
NATION.—Upon the filing of a notice, as provided in Rule 12.2 of the 
Federal Rules of Criminal Procedure, that the defendant intends to 
18 USC app. 
rely on the defense of insanity, the court, upon motion of the 
attorney for the Government, shall order that a psychiatric or 
psychological examination of the defendant be conducted, and that a 
psychiatric or psychological report be filed with the court, pursuant 
to the provisions of section 4247 (b) and (c). 
"(b) SPECIAL VERDICT.—If the issue of insanity is raised by notice 
as provided in Rule 12.2 of the Federal Rules of Criminal Procedure 
on motion of the defendant or of the attorney for the Government, 
or on the court's own motion, the jury shall be instructed to find, or, 
in the event of a nonjury trial, the court shall find the defendant— 
"(1) guilty; 
"(2) not guilty; or 
"(3) not guilty only by reason of insanity. 
"§ 4243. Hospitalization of a person found not guilty only by 
18 USC 4243. 
reason of insanity 
"(a) DETERMINATION OF PRESENT MENTAL CONDITION OF ACQUITTED 
PERSON.—If a person is found not guilty only by reason of insanity 
at the time of the offense charged, he shall be committed to a 
suitable facility until such time as he is eligible for release pursuant 
to subsection (e). 
"(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— 
Prior to the date of the hearing, pursuant to subsection (c), the court 
shall order that a psychiatric or psychological examination of the 
defendant be conducted, and that a psychiatric or psychological 
report be filed with the court, pursuant to the provisions of section 
4247 (b) and (c). 
"(c) HEARING.—A hearing shall be conducted pursuant to the 
provisions of section 4247(d) and shall take place not later than forty 
days following the special verdict. 
"(d) BURDEN OF PROOF.—In a hearing pursuant to subsection (c) of 
this section, a person found not guilty only by reason of insanity of 
an offense involving bodily injury to, or serious damage to the 
property of, another person, or involving a substantial risk of such 
injury or damage, has the burden of proving by clear and convincing 
evidence that his release would not create a substantial risk of 
bodily injury to another person or serious damage of property of 
another due to a present mental disease or defect. With respect to 
any other offense, the person has the burden of such proof by a 
preponderance of the evidence. 
"(e) DETERMINATION AND DISPOSITION.—If, after the hearing, the 
court fails to find by the standard specified in subsection (d) of this 
section that the person's release would not create a substantial risk 
of bodily injury to another person or serious damage of property of 
another due to a present mental disease or defect, the court shall 
commit the person to the custody of the Attorney General. The 
Attorney General shall release the person to the appropriate official 
of the State in which the person is domiciled or was tried if such 
State will assume responsibility for his custody, care, and treatment. 
98 STAT. 2060 
PUBLIC LAW 98-473—OCT. 12, 1984 
The Attorney General shall make all reasonable efforts to cause 
such a State to assume such responsibility. If, notwithstanding such 
efforts, neither such State will assume such responsibility, the 
Attorney General shall hospitalize the person for treatment in a 
suitable facility until— 
"(1) such a State will assume such responsibility; or 
"(2) the person's mental condition is such that his release, or 
his conditional release under a prescribed regimen of medical, 
psychiatric, or psychological care or treatment, would not create 
a substantial risk of bodily injury to another person or serious 
damage to property of another; 
whichever is earlier. The Attorney General shall continue periodi-
cally to exert all reasonable efforts to cause such a State to assume 
such responsibility for the person's custody, care, and treatment. 
"(f) DISCHARGE.—When the director of the facility in which an 
acquitted person is hospitalized pursuant to subsection (e) deter-
mines that the person has recovered from his mental disease or 
defect to such an extent that his release, or his conditional release 
under a prescribed regimen of medical, psychiatric, or psychological 
care or treatment, would no longer create a substantial risk of 
bodily injury to another person or serious damage to property of 
another, he shall promptly file a certificate to that effect with the 
clerk of the court that ordered the commitment. The clerk shall 
send a copy of the certificate to the person's counsel and to the 
attorney for the Government. The court shall order the discharge of 
the acquitted person or, on the motion of the attorney for the 
Government or on its own motion, shall hold a hearing, conducted 
pursuant to the provisions of section 4247(d), to determine whether 
he should be released. If, after the hearing, the court finds by the 
standard specified in subsection (d) that the person has recovered 
from his mental disease or defect to such an extent that— 
"(1) his release would no longer create a substantial risk of 
bodily injury to another person or serious damage to property of 
another, the court shall order that he be immediately dis-
charged; or 
"(2) his conditional release under a prescribed regimen of 
medical, psychiatric, or psychological care or treatment would 
no longer create a substantial risk of bodily injury to another 
person or serious damage to property of another, the court 
shall— 
"(A) order that he be conditionally discharged under a 
prescribed regimen of medical, psychiatric, or psychological 
care or treatment that has been prepared for him, that has 
been certified to the court as appropriate by the director of 
the facility in which he is committed, and that has been 
found by the court to be appropriate; and 
"(B) order, as an explicit condition of release, that he 
comply with the prescribed regimen of medical, psychiatric, 
or psychological care or treatment. 
The court at any time may, after a hearing employing the same 
criteria, modify or eliminate the regimen of medical, psychiatric, or 
psychological care or treatment. 
"(g) REVOCATION OF CONDITIONAL DISCHARGE.—The director of a 
medical facility responsible for administering a regimen imposed on 
an acquitted person conditionally discharged under subsection (f) 
shall notify the Attorney General and the court having jurisdiction 
over the person of any failure of the person to comply with the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2061 
regimen. Upon such notice, or upon other probable cause to believe 
that the person has failed to comply with the prescribed regimen of 
medical, psychiatric, or psychological care or treatment, the person 
may be arrested, and, upon arrest, shall be taken without unneces-
sary delay before the court having jurisdiction over him. The court 
shall, after a hearing, determine whether the person should be 
remanded to a suitable facility on the ground that, in light of his 
failure to comply with the prescribed regimen of medical, psychiat-
ric, or psychological care or treatment, his continued release would 
create a substantial risk of bodily injury to another person or 
serious damage to property of another. 
"§ 4244. Hospitalization of a convicted person suffering from 
18 USC 4244. 
mental disease or defect 
"(a) MOTION TO DETERMINE PRESENT MENTAL CONDITION OF CON-
VICTED DEFENDANT.—A defendant found guilty of an offense, or the 
attorney for the Government, may, within ten days after the defend-
ant is found guilty, and prior to the time the defendant is sentenced, 
file a motion for a hearing on the present mental condition of the 
defendant if the motion is supported by substantial information 
indicating that the defendant may presently be suffering from a 
mental disease or defect for the treatment of which he is in need of 
custody for care or treatment in a suitable facility. The court shall 
grant the motion, or at any time prior to the sentencing of the 
defendant shall order such a hearing on its own motion, if it is of the 
opinion that there is reasonable cause to believe that the defendant 
may presently be suffering from a mental disease or defect for the 
treatment of which he is in need of custody for care or treatment in 
a suitable facility. 
"(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— 
Prior to the date of the hearing, the court may order that a 
psychiatric or psychological examination of the defendant be con-
ducted, and that a psychiatric or psychological report be filed with 
the court, pursuant to the provisions of section 4247 (b) and (c). In 
addition to the information required to be included in the psychiat-
ric or psychological report pursuant to the provisions of section 
4247(c), if the report includes an opinion by the examiners that the 
defendant is presently suffering from a mental disease or defect but 
that it is not such as to require his custody for care or treatment in a 
suitable facility, the report shall also include an opinion by the 
examiner concerning the sentencing alternatives that could best 
accord the defendant the kind of treatment he does need. 
"(c) HEARING.—The hearing shall be conducted pursuant to the 
provisions of section 4247(d). 
"(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the 
court finds by a preponderance of the evidence that the defendant is 
presently suffering from a mental disease or defect and that he 
should, in lieu of being sentenced to imprisonment, be committed to 
a suitable facility for care or treatment, the court shall commit the 
defendant to the custody of the Attorney General. The Attorney 
General shall hospitalize the defendant for care or treatment in a 
suitable facility. Such a commitment constitutes a provisional sen-
tence of imprisonment to the maximum term authorized by law for 
the offense for which the defendant was found guilty. 
"(e) DISCHARGE.—When the director of the facility in which the 
defendant is hospitalized pursuant to subsection (d) determines that 
the defendant has recovered from his mental disease or defect to 
98 STAT. 2062 
PUBLIC LAW 98-473—OCT. 12, 1984 
such an extent that he is no longer in need of custody for care or 
treatment in such a facihty, he shall promptly file a certificate to 
that effect with the clerk of the court that ordered the commitment. 
The clerk shall send a copy of the certificate to the defendant's 
counsel and to the attorney for the Government. If, at the time of 
the filing of the certificate, the provisional sentence imposed pursu-
ant to subsection (d) has not expired, the court shall proceed finally 
to sentencing and may modify the provisional sentence. 
18 use 4245. 
"§ 4245. Hospitalization of an imprisoned person suffering from 
mental disease or defect 
"(a) MOTION TO DETERMINE PRESENT MENTAL CONDITION OF IM-
PRISONED PERSON.—If a person serving a sentence of imprisonment 
objects either in writing or through his attorney to being transferred 
to a suitable facility for care or treatment, an attorney for the 
Government, at the request of the director of the facility in which 
the person is imprisoned, may file a motion with the court for the 
district in which the facility is located for a hearing on the present 
mental condition of the person. The court shall grant the motion if 
there is reasonable cause to believe that the person may presently 
be suffering from a mental disease or defect for the treatment of 
which he is in need of custody for care or treatment in a suitable 
facility. A motion filed under this subsection shall stay the transfer 
of the person pending completion of procedures contained in this 
section. 
"(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— 
Prior to the date of the hearing, the court may order that a 
psychiatric or psychological examination of the person may be 
conducted, and that a psychiatric or psychological report be filed 
with the court, pursuant to the provisions of section 4247 (b) and (c). 
"(c) HEARING.—The hearing shall be conducted pursuant to the 
provisions of section 4247(d). 
"(d) DETERMiNATioisr AND DISPOSITION.—If, after the hearing, the 
court finds by a preponderance of the evidence that the person is 
presently suffering from a mental disease or defect for the treat-
ment of which he is in need of custody for care or treatment in a 
suitable facility, the court shall commit the person to the custody of 
the Attorney General. The Attorney General shall hospitalize the 
person for treatment in a suitable facility until he is no longer in 
need of such custody for care or treatment or until the expiration of 
the sentence of imprisonment, whichever occurs earlier. 
"(e) DISCHARGE.—When the director of the facility in which the 
person is hospitalized pursuant to subsection (d) determines that the 
person has recovered from his mental disease or defect to such an 
extent that he is no longer in need of custody for care or treatment 
in such a facility, he shall promptly file a certificate to that effect 
with the clerk of the court that ordered the commitment. The clerk 
shall send a copy of the certificate to the person's counsel and to the 
attorney for the Government. If, at the time of the filing of the 
certificate, the term of imprisonment imposed upon the person has 
not expired, the court shall order that the person be reimprisoned 
until the expiration of his sentence of imprisonment. 
18 use 4246. 
"§ 4246. Hospitalization of a person due for release but suffering 
from mental disease or defect 
"(a) INSTITUTION OF PROCEEDING.—If the director of a facility in 
which a person is hospitalized certifies that a person whose sentence 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2063 
is about to expire, or who has been committed to the custody of the 
Attorney General pursuant to section 4241(d), or against whom all 
criminal charges have been dismissed solely for reasons related to 
the mental condition of the person, is presently suffering from a 
mental disease or defect as a result of which his release would create 
a substantial risk of bodily injury to another person or serious 
damage to property of another, and that suitable arrangements for 
State custody and care of the person are not available, he shall 
transmit the certificate to the clerk of the court for the district in 
which the person is confined. The clerk shall send a copy of the 
certificate to the person, and to the attorney for the Government, 
and, if the person was committed pursuant to section 4241(d), to the 
clerk of the court that ordered the commitment. The court shall 
order a hearing to determine whether the person is presently suffer-
ing from a mental disease or defect as a result of which his release 
would create a substantial risk of bodily injury to another person or 
serious damage to property of another. A certificate filed under this 
subsection shall stay the release of the person pending completion of 
procedures contained in this section. 
"(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND REPORT.— 
Prior to the date of the hearing, the court may order that a 
psychiatric or psychological examination of the defendant be con-
ducted, and that a psychiatric or psychological report be filed with 
the court, pursuant to the provisions of section 4247 (b) and (c). 
"(c) HEARING.—The hearing shall be conducted pursuant to the 
provisions of section 4247(d). 
"(d) DETERMINATION AND DISPOSITION.—If, after the hearing, the 
court finds by clear and convincing evidence that the person is 
presently suffering from a mental disease or defect as a result of 
which his release would create a substantial risk of bodily injury to 
another person or serious damage to property of another, the court 
shall commit the person to the custody of the Attorney General. The 
Attorney General shall release the person to the appropriate official 
of the State in which the person is domiciled or was tried if such 
State will assume responsibility for his custody, care, and treatment. 
The Attorney General shall make all reasonable efforts to cause 
such a State to assume such responsibility. If, notwithstanding such 
efforts, neither such State will assume such responsibility, the 
Attorney General shall hospitalize the person for treatment in a 
suitable facility, until— 
"(1) such a State will assume such responsibility; or 
"(2) the person's mental condition is such that his release, or 
his conditional release under a prescribed regimen of medical, 
psychiatric, or psychological care or treatment would not create 
a substantial risk of bodily injury to another person or serious 
damage to property of another; 
whichever is earlier. The Attorney General shall continue periodi-
cally to exert all reasonable efforts to cause such a State to assume 
such responsibility for the person's custody, care, and treatment. 
"(e) DISCHARGE.—When the director of the facility in which a 
person is hospitalized pursuant to subsection (d) determines that the 
person has recovered from his mental disease or defect to such an 
extent that his release would no longer create a substantial risk of 
bodily injury to another person or serious damage to property of 
another, he shall promptly file a certificate to that effect with the 
clerk of the court that ordered the commitment. The clerk shall 
send a copy of the certificate to the person's counsel and to the 
98 STAT. 2064 
PUBLIC LAW 98-473—OCT. 12, 1984 
attorney for the Government. The court shall order the discharge of 
the person or, on the motion of the attorney for the Government or 
on its own motion, shall hold a hearing, conducted pursuant to the 
provisions of section 4247(d), to determine whether he should be 
released. If, after the hearing, the court finds by a preponderance of 
the evidence that the person has recovered from his mental disease 
or defect to such an extent that— 
^•y, 
"(1) his release would no longer create a substantial risk of 
bodily injury to another person or serious damage to property of 
another, the court shall order that he be immediately dis-
charged; or 
"(2) his conditional release under a prescribed regimen of 
medical, psychiatric, or psychological care or treatment would 
no longer create a substantial risk of bodily injury to another 
person or serious damage to property of another, the court 
shall— 
"(A) order that he be conditionally discharged under a 
prescribed regimen of medical, psychiatric, or psychological 
care or treatment that has been prepared for him, that has 
been certified to the court as appropriate by the director of 
the facility in which he is committed, and that has been 
found by the court to be appropriate; and 
"(B) order, as an explicit condition of release, that he 
comply with the prescribed regimen of medical, psychiatric, 
or psychological care or treatment. 
The court at any time may, after a hearing employing the same 
criteria, modify or eliminate the regimen of medical, psychiatric, or 
psychological care or treatment. 
"(f) REVOCATION OF CONDITIONAL DISCHARGE.—The director of a 
medical facility responsible for administering a regimen imposed on 
a person conditionally discharged under subsection (e) shall notify 
the Attorney General and the court having jurisdiction over the 
person of any failure of the person to comply with the regimen. 
Upon such notice, or upon other probable cause to believe that the 
person has failed to comply with the prescribed regimen of medical, 
psychiatric, or psychological care or treatment, the person may be 
arrested, and, upon arrest, shall be taken without unnecessary delay 
before the court having jurisdiction over him. The court shall, after 
a hearing, determine whether the person should be remanded to a 
suitable facility on the ground that, in light of his failure to comply 
with the prescribed regimen of medical, psychiatric, or psychological 
care or treatment, his continued release would create a substantial 
risk of bodily injury to another person or serious damage to property 
of another. 
"(g) RELEASE TO STATE OF CERTAIN OTHER PERSONS.—If the direc-
tor of a facility in which a person is hospitalized pursuant to this 
subchapter certifies to the Attorney General that a person, against 
whom all charges have been dismissed for reasons not related to the 
mental condition of the person, is presently suffering from a mental 
disease or defect as a result of which his release would create a 
substantial risk of bodily injury to another person or serious damage 
to property of another, the Attorney General shall release the 
person to the appropriate official of the State in which the person is 
domiciled or was tried for the purpose of institution of State pro-
ceedings for civil commitment. If neither such State will assume 
such responsibility, the Attorney General shall release the person 
upon receipt of notice from the State that it will not assume such 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2065 
responsibility, but not later than ten days after certification by the 
director of the facility. 
"§ 4247. General provisions for chapter 
18 use 4247. 
"(a) DEFINITIONS.—As used in this chapter— 
"(1) 'rehabilitation program' includes— 
"(A) basic educational training that will assist the indi-
vidual in understanding the society to which he will return 
and that will assist him in understanding the magnitude of 
his offense and its impact on society; 
"(B) vocational training that will assist the individual in 
contributing to, and in participating in, the society to which 
he will return; 
"(C) drug, alcohol, and other treatment programs that 
will assist the individual in overcoming his psychological or 
physical dependence; and 
"(D) organized physical sports and recreation programs; 
and 
"(2) 'suitable facility' means a facility that is suitable to 
provide care or treatment given the nature of the offense and 
the characteristics of the defendant. 
"(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION.—A psychiatric 
or psychological examination ordered pursuant to this chapter shall 
be conducted by a licensed or certified psychiatrist or clinical psy-
chologist, or, if the court finds it appropriate, by more than one such 
examiner. Each examiner shall be designated by the court, except 
that if the examination is ordered under section 4245 or 4246, upon 
the request of the defendant an additional examiner may be selected 
by the defendant. For the purposes of an examination pursuant to 
an order under section 4241, 4244, or 4245, the court may commit 
the person to be examined for a reasonable period, but not to exceed 
thirty days, and under section 4242, 4243, or 4246, for a reasonable 
period, but not to exceed forty-five days, to the custody of the 
Attorney General for placement in a suitable facility. Unless 
impracticable, the psychiatric or psychological examination shall be 
conducted in the suitable facility closest to the court. The director of 
the facility may apply for a reasonable extension, but not to exceed 
fifteen days under section 4241, 4244, or 4245, and not to exceed 
thirty days under section 4242, 4243, or 4246, upon a showing of good 
cause that the additional time is necessary to observe and evaluate 
the defendant. 
"(c) PSYCHIATRIC OR PSYCHOLOGICAL REPORTS.—A psychiatric or 
psychological report ordered pursuant to this chapter shall be pre-
pared by the examiner designated to conduct the psychiatric or 
psychological examination, shall be filed with the court with copies 
provided to the counsel for the person examined and to the attorney 
for the Government, and shall include— 
"(1) the person's history and present symptoms; 
"(2) a description of the psychiatric, psychological, and medi-
cal tests that were employed and their results; 
"(3) the examiner's findings; and 
"(4) the examiner's opinions as to diagnosis, prognosis, and— 
"(A) if the examination is ordered under section 4241, 
whether the person is suffering from a mental disease or 
defect rendering him mentally incompetent to the extent 
that he is unable to understand the nature and conse-
98 STAT. 2066 
PUBLIC LAW 98-473—OCT. 12, 1984 
quences of the proceedings against him or to assist properly 
in his defense; 
"(B) if the examination is ordered under section 4242, 
whether the person was insane at the time of the offense 
charged; 
"(C) if the examination is ordered under section 4243 or 
4246, whether the person is suffering from a mental disease 
or defect as a result of which his release would create a 
substantial risk of bodily injury to another person or seri-
ous damage to property of another; 
"(D) if the examination is ordered under section 4244 or 
4245, whether the person is suffering from a mental disease 
or defect as a result of which he is in need of custody for 
care or treatment in a suitable facility; or 
"(E) if the examination is ordered as a part of a presen-
tence investigation, any recommendation the examiner 
may have as to how the mental condition of the defendant 
should affect the sentence. 
"(d) HEARING.—At a hearing ordered pursuant to this chapter the 
person whose mental condition is the subject of the hearing shall be 
represented by counsel and, if he is financially unable to obtain 
adequate representation, counsel shall be appointed for him pursu-
ant to section 3006A. The person shall be afforded an opportunity to 
testify, to present evidence, to subpoena witnesses on his behalf, and 
to confront and cross-examine witnesses who appear at the hearing. 
"(e) PERIODIC REPORT AND INFORMATION REQUIREMENTS.—(1) The 
director of the facility in which a person is hospitalized pursuant 
to— 
"(A) section 4241 shall prepare semiannual reports; or 
"(B) section 4243, 4244, 4245, or 4246 shall prepare annual 
reports concerning the mental condition of the person and 
containing recommendations concerning the need for his contin-
ued hospitalization. The reports shall be submitted to the court 
that ordered the person's commitment to the facility and copies 
of the reports shall be submitted to such other persons as the 
court may direct. 
"(2) The director of the facility in which a person is hospitalized 
pursuant to section 4241, 4243, 4244, 4245, or 4246 shall inform such 
person of any rehabilitation programs that are available for persons 
hospitalized in that facility. 
"(f) VIDEOTAPE RECORD.^Upon written request of defense counsel, 
the court may order a videotape record made of the defendant's 
testimony or interview upon which the periodic report is based 
pursuant to subsection (e). Such videotape record shall be submitted 
to the court along with the periodic report. 
"(g) HABEAS CORPUS UNIMPAIRED.—Nothing contained in section 
4243 or 4246 precludes a person who is committed under either of 
such sections from establishing by writ of habeas corpus the illegal-
ity of his detention. 
"(h) DISCHARGE.—Regardless of whether the director of the facility 
in which a person is hospitalized has filed a certificate pursuant to 
the provisions of subsection (e) of section 4241, 4243, 4244, 4245, or 
4246, counsel for the person or his legal guardian may, at any time 
during such person's hospitalization, file with the court that ordered 
the commitment a motion for a hearing to determine whether the 
person should be discharged from such facility, but no such motion 
may be filed within one hundred and eighty days of a court determi-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2067 
nation that the person should continue to be hospitalized. A copy of 
the motion shall be sent to the director of the facility in which the 
person is hospitalized and to the attorney for the Government, 
"(i) AUTHORITY AND RESPONSIBILITY OF THE ATTORNEY GENERAL.— 
The Attorney General— 
"(A) may contract with a State, a political subdivision, a 
locality, or a private agency for the confinement, hospitaliza-
tion, care, or treatment of, or the provision of services to, a 
person committed to his custody pursuant to this chapter; 
"(B) may apply for the civil commitment, pursuant to State 
law, of a person committed to his custody pursuant to section 
4243 or 4246; 
"(C) shall, before placing a person in a facility pursuant to the 
provisions of section 4241, 4243, 4244, 4245, or 4246, consider the 
suitability of the facility's rehabilitation programs in meeting 
the needs of the person; and 
"(D) shall consult with the Secretary of the Department of 
Health and Human Services in the general implementation 
of the provisions of this chapter and in the establishment of 
standards for facilities used in the implementation of this 
chapter. 
"(j) This chapter does not apply to a prosecution under an Act of 
Congress applicable exclusively to the District of Columbia or the 
Uniform Code of Military Justice.". 
(b) The item relating to chapter 313 in the chapter analysis of part 
III of title 18, United States Code, is amended to read as follows: 
"313. Offenders with mental disease or defect.". 
SEC. 404. Rule 12.2 of the Federal Rules of Criminal Procedure is 
18 use app. 
amended— 
(a) by deleting "crime" in subdivision (a) and inserting in lieu 
thereof "offense"; 
(b) by deleting "other condition bearing upon the issue of 
whether he had the mental state required for the offense 
charged" in subdivision (b) and inserting in lieu thereof "any 
other mental condition bearing upon the issue of guilt"; 
(c) by deleting "to a psychiatric examination by a psychiatrist 
designated for this purpose in the order of the court" in subdivi-
sion (c) and inserting in lieu thereof "to an examination pursu-
ant to 18 U.S.C. 4242"; and 
(d) by deleting "mental state" in subdivision (d) and inserting 
in lieu thereof "guilt". 
SEC. 405. Section 3006A of title 18, United States Code, is 
amended— 
(a) in subsection (a), by deleting "or, (4)" and substituting "(4) 
whose mental condition is the subject of a hearing pursuant to 
chapter 313 of this title, or (5)"; and 
(b) in subsection (g), by deleting "or section 4245 of title 18". 
SEC. 406. Rule 704 of the Federal Rules of Evidence is amended to 
28 use app. 
read as follows: 
"Rule 704. Opinion on ultimate issue 
"(a) Except as provided in subdivision (b), testimony in the form of 
an opinion or inference otherwise admissible is not objectionable 
because it embraces an ultimate issue to be decided by the trier of 
fact. 
98 STAT. 2068 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(b) No expert witness testifying with respect to the mental state 
or condition of a defendant in a criminal case may state an opinion 
or inference as to whether the defendant did or did not have the 
mental state or condition constituting an element of the crime 
charged or of a defense thereto. Such ultimate issues are matters for 
the trier of fact alone.". 
Controlled 
Substances 
Penalties 
Amendments 
Act of 1984. 
21 u s e 801 note. 
21 u s e 951. 
CHAPTER V—DRUG ENFORCEMENT AMENDMENTS 
PART A—CONTROLLED SUBSTANCES PENALTIES 
SEC. 501. This chapter may be cited as the "Controlled Substances 
Penalties Amendments Act of 1984". 
SEC. 502. Subsection (b) of section 401 of the Controlled Substances 
Act (21 U.S.C. 841(b)) is amended— 
(1) in paragraph (1), by— 
(A) redesignating subparagraphs (A) and (B) as subpara-
graphs (B) and (C), respectively, and inserting after "(1)" a 
new subparagraph to read as follows: 
"(A) In the case of a violation of subsection (a) of this section 
involving— 
"(i) 100 grams or more of a controlled substance in schedule I 
or II which is a mixture or substance containing a detectable 
amount of a narcotic drug other than a narcotic drug consisting 
of— 
"(I) coca leaves; 
"(II) a compound, manufacture, salt, derivative, or prepa-
ration of coca leaves; or 
"(III) a substance chemically identical thereto; 
"(ii) a kilogram or more of any other controlled substance in 
schedule I or II which is a narcotic drug; 
"(iii) 500 grams or more of phencyclidine (PCP); or 
"(iv) 5 grams or more of lysergic acid diethylamide (LSD); 
such person shall be sentenced to a term of imprisonment of not 
more than 20 years, a fine of not more than $250,000, or both. If any 
person commits such a violation after one or more prior convictions 
of him for an offense punishable under this paragraph, or for a 
felony under any other provision of this title or title III or other law 
of a State, the United States, or a foreign country relating to 
narcotic drugs, marihuana, or depressant or stimulant substances, 
have become final, such person shall be sentenced to a term of 
imprisonment of not more than 40 years, a fine of not more than 
$500,000, or both"; 
(B) in subparagraph (B), as redesignated above, by— 
(i) striking out "which is a narcotic drug" in the first 
sentence and inserting in lieu thereof "except as pro-
vided in subparagraphs (A) and (C)," 
(ii) striking out "$25,000" and "$50,000" and insert-
ing in lieu thereof "$125,000" and "$250,000", respec-
tively; and 
(iii) striking out "of the United States" in the second 
sentence and inserting in lieu thereof "of a State, the 
United States, or a foreign country"; and ' 
(C) in subparagraph (C), as redesignated above, by— 
(i) striking out "a controlled substance in schedule I 
or II which is not a narcotic drug" and ", (5), and (6)" 
and inserting in lieu thereof "less than 50 kilograms of 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2069 
marihuana, 10 kilograms of hashish, or one kilogram of 
hashish oil" and "and (5)", respectively; 
(ii) striking out "$15,000" and "$30,000" and insert-
ing in lieu thereof "$50,000" and "$100,000", respec-
tively; and 
(iii) striking out "of the United States" in the second 
sentence and inserting in lieu thereof "of a State, the 
United States, or a foreign country"; 
(2) in paragraph (2), by— 
(A) striking out "$10,000" and "$20,000" and inserting in 
lieu thereof "$25,000" and "$50,000", respectively; and 
(B) striking out "of the United States" and inserting in 
lieu thereof "of a State, the United States, or a foreign 
country"; 
(3) in paragraph (3), by— 
(A) striking out "$5,000" and "$10,000" and inserting in 
lieu thereof "$10,000" and "$20,000", respectively; and 
(B) striking out "of the United States" and inserting in 
lieu thereof "of a State, the United States, or a foreign 
country"; 
(4) in paragraph (4), by striking out "(1)(B)" and inserting in 
lieu thereof "(1)(C)"; 
(5) by striking out paragraphs (5) and (6); 
(6) by adding at the end thereof the following: 
"(5) Notwithstanding paragraph (1), any person who violates 
subsection (a) by cultivating a controlled substance on Federal 
property shall be fined not more than— 
"(A) $500,000 if such person is an individual; and 
"(B) $1,000,000 if such person is not an individual.". 
SEC. 503. (a) Part D of the Controlled Substances Act is amended 
by adding after section 405 of the following new section: 
"DISTRIBUTION IN OR NEAR SCHOOLS 
"SEC. 405A. (a) Any person who violates section 401(a)(1) by dis- 
Penalties, 
tributing a controlled substance in or on, or within one thousand 
21 USC 845a. 
feet of, the real property comprising a public or private elementary 
^^ ^^^ ^'*^-
or secondary school is (except as provided in subsection (b)) punish-
able (1) by a term of imprisonment, or fine, or both up to twice that 
authorized by section 841(b) of this title; and (2) at least twice any 
Ante, p. 2068. 
special parole term authorized by section 401(b) for a first offense 
involving the same controlled substance and schedule. 
"(b) Any person who violates section 401(a)(1) by distributing a 
controlled substance in or on, or within one thousand feet of, the 
real property comprising a public or private elementary or second-
ary school after a prior conviction or convictions under subsection 
(a) have become final is punishable (1) by a term of imprisonment of 
not less than three years and not more than life imprisonment and 
(2) at least three times any special term authorized by section 401(b) 
for a second or subsequent offense involving the same controlled 
substance and schedule. 
"(c) In the case of any sentence imposed under subsection (b), 
imposition or execution of such sentence shall not be suspended and 
probation shall not be granted. An individual convicted under sub-
section (b) shall not be eligible for parole under section 4202 of title 
18 of the United States Code until the individual has served the 
Ante, p. 2027. 
minimum sentence required by such subsection.". 
98 STAT. 2070 
PUBLIC LAW 98-473—OCT. 12, 1984 
(b)(1) Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by 
inserting "or 405A" after "405". 
(2) Section 401(c) of such Act is amended by inserting "405A" after 
"405" each place it occurs. 
(3) Section 405 of such Act (21 U.S.C. 845) is amended by striking 
out "Any" in subsections (a) and (b) and inserting in Heu thereof 
"Except as provided in section 405A, any". 
SEC. 504. Subsection (b) of section 1010 of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(b)) is amended— 
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) 
and (3), respectively, and inserting after "(b)" a new paragraph 
to read as follows: 
"(1) In the case of a violation under subsection (a) of this section 
involving— 
"(A) 100 grams or more of a mixture or substance containing 
a detectable amount of a narcotic drug in schedule I or II other 
than a narcotic drug consisting of^ 
"(i) coca leaves; 
"(ii) a compound, manufacture, salt, derivative, or prepa-
ration of coca leaves; or 
"(iii) a substance chemically identical thereto; 
"(B) a kilogram or more of any other narcotic drug in sched-
ule I or II; 
"(C) 500 grams or more of phencyclidine (PCP); 
"(D) 5 grams or more of lysergic acid diethylamide (LSD); 
the person committing such violation shall be imprisoned for not 
more than twenty years, or fined not more than $250,000, or both."; 
(2) in paragraph (2), as redesignated above, by— 
(A) striking out "narcotic drug in schedule I or II, the 
person committing such violation shall" and inserting in 
lieu thereof "controlled substance in schedule I or II, the 
perfion committing such violation shall, except as provided 
in paragraphs (1) and (3),"; and 
(B) striking out "$25,000" and inserting in lieu thereof 
"$125,000"; 
(3) in paragraph (3), as redesignated above, by— 
(A) striking out "a controlled substance other than a 
narcotic drug in schedule I or II, the person committing 
such violation shall" and inserting in lieu thereof "less 
than 50 kilograms of marihuana, less than 10 kilograms of 
hashish, less than one kilogram of hashish oil, or any 
quantity of a controlled substance in schedule III, IV, or V, 
the person committing such violation shall, except as pro-
vided in paragraph (4)"; and 
(B) striking out "$15,000" and substituting "$50,000". 
SEC. 505. Section 1012 of the Controlled Substances Import and 
Export Act (21 U.S.C. 962) is amended by striking out "the United 
States" in subsection (b) and inserting in lieu thereof "a State, the 
United States, or a foreign country". 
Dangerous 
P A R T B—DIVERSION CONTROL AMENDMENTS 
Drug Diversion 
Control Act of 
SEC. 506. (a) This part may be cited as the "Dangerous Drug 
18 use 801 note Diversion Control Act of 1984". 
(b) Whenever in sections 507 through 519 an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be made to a 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2071 
section or other provision of the Controlled Substances Act, and 
21 USC 801 note. 
whenever in sections 520 through 525 an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of the Controlled Substances Import and 
Export Act. 
21 use 951 note. 
SEC. 507. (a) Section 102 (21 U.S.C. 802) is amended by redesignat-
ing paragraphs (14) through (29) as paragraphs (15) through (30), 
respectively, and by adding after paragraph (13) the following: 
"(14) The term 'isomer' means the optical isomer, except as used 
in schedule 1(c) and schedule II(aX4). As used in schedule 1(c), the 
term 'isomer' means the optical, positional, or geometric isomer. As 
used in schedule II(aX4), the term 'isomer' means the optical or 
geometric isomer.". 
(b) Paragraph (17) (£is so redesignated) of section 102 is amended to 
read as follows: 
"(17) The term 'narcotic drug' means any of the following whether 
produced directly or indirectly by extraction from substances of 
vegetable origin, or independently by means of chemical synthesis, 
or by a combination of extraction and chemical synthesis: 
"(A) Opium, opiates, derivatives of opium and opiates, includ-
ing their isomers, esters, ethers, salts, and salts of isomers, 
esters, and ethers, whenever the existence of such isomers, 
esters, ethers, and salts is possible within the specific chemical 
designation. Such term does not include the isoquinoline alka-
loids of opium. 
"(B) Poppy straw and concentrate of poppy straw. 
"(C) Coca leaves, except coca leaves and extracts of coca leaves 
from which cocaine, ecgonine, and derivatives of ecgonine or 
their salts have been removed. 
"(D) Cocaine, its salts, optical and geometric isomers, and 
salts of isomers. 
"(E) Ecgonine, its derivatives, their salts, isomers, and salts of 
isomers. 
"(F) Any compound, mixture, or preparation which contains 
any quantity of any of the substances referred to in subpara-
graphs (A) through (E).". 
(c) Paragraph (a)(4) of schedule II is amended by inserting after 
21 USC 812. 
"coca leaves" the first time it appears the following: "(including 
cocaine and ecgonine and their salts, isomers, derivatives, and salts 
of isomers and derivatives)". 
SEC. 508. Section 201 (21 U.S.C. 811) is amended by adding a new 
subsection (h) as follows: 
"(hXD If the Attorney General finds that the scheduling of a 
substance in schedule I on a temporary basis is necessary to avoid 
an imminent hazard to the public safety, he may, by order and 
without regard to the requirements of subsection (b) relating to the 
Secretary of Health and Human Services, schedule such substance 
in schedule I if the substance is not listed in any other schedule in 
section 202 or if no exemption or approval is in effect for the 
21 USC 821. 
substance under section 505 of the Federal Food, Drug, and Cosmetic 
Act. Such an order may not be issued before the expiration of thirty 
21 USC 355. 
days from— 
Federal 
"(A) the date of the publication by the Attorney General of a 
pubUcation 
notice in the Federal Register of the intention to issue such 
order and the grounds upon which such order is to be issued, 
and 
98 STAT. 2072 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(B) the date the Attorney General has transmitted the notice 
required by paragraph (4). 
"(2) The scheduling of a substance under this subsection shall 
expire at the end of one year from the date of the issuance of the 
order scheduling such substance, except that the Attorney General 
may, during the pendency of proceedings under subsection (a)(1) 
with respect to the substance, extend the temporary scheduling for 
up to six months. 
"(3) When issuing an order under paragraph (1), the Attorney 
General shall be required to consider, with respect to the finding of 
an imminent hazard to the public safety, only those factors set forth 
in paragraphs (4), (5), and (6) of subsection (c), including actual 
abuse, diversion from legitimate channels, and clandestine importa-
tion, manufacture, or distribution. 
"(4) The Attorney General shall transmit notice of an order 
proposed to be issued under paragraph (1) to the Secretary of Health 
and Human Services. In issuing an order under paragraph (1), the 
Attorney General shall take into consideration any comments sub-
mitted by the Secretary in response to a notice transmitted pursu-
ant to this paragraph. 
"(5) An order issued under paragraph (1) with respect to a 
substance shall be vacated upon the conclusion of a subsequent 
rulemaking proceeding initiated under subsection (a) with respect to 
such substance. 
"(6) An order issued under paragraph (1) is not subject to judicial 
review.". 
SEC. 509. (a) Section 201(g) (21 U.S.C. 811(g)) is amended by adding 
at the end the following: 
"(3) The Attorney General may, by regulation, exempt any com-
pound, mixture, or preparation containing a controlled substance 
from the application of all or any part of this title if he finds such 
compound, mixture, or preparation meets the requirements of one of 
the following categories: 
"(A) A mixture, or preparation containing a nonnarcotic con-
trolled substance, which mixture or preparation is approved for 
prescription use, and which contains one or more other active 
ingredients which are not listed in any schedule and which are 
included therein in such combinations, quantity, proportion, or 
concentration as to vitiate the potential for abuse. 
"(B) A compound, mixture, or preparation which contains any 
controlled substance, which is not for administration to a 
human being or animal, and which is packaged in such form or 
concentration, or with adulterants or denaturants, so that as 
packaged it does not present any significant potential for 
3.bllSG 
(b) Section 202(d) (21 U.S.C. 812(d)) is repealed. 
SEC. 510. Section 302(a) (21 U.S.C. 822(a)) is amended to read as 
follows: 
"(aXD Every person who manufactures or distributes any con-
trolled substance, or who proposes to engage in the manufacture or 
distribution of any controlled substance, shall obtain annually a 
registration issued by the Attorney General in accordance with the 
rules and regulations promulgated by him. 
"(2) Every person who dispenses, or who proposes to dispense, any 
controlled substance, shall obtain from the Attorney General a 
registration issued in accordance with the rules and regulations 
promulgated by him. The Attorney General shall, by regulation. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2073 
determine the period of such registrations. In no event, however, 
shall such registrations be issued for less than one year nor for more 
than three years.". 
SEC. 511. Section 303(f) (21 U.S.C. 823(f)) is amended to read as 
follows: 
"(f) The Attorney General shall register practitioners (including 
pharmacies, as distinguished from pharmacists) to dispense, or con-
duct research with, controlled substances in schedule II, III, IV, or 
V, if the applicant is authorized to dispense, or conduct research 
with respect to, controlled substances under the laws of the State in 
which he practices. The Attorney General may deny an application 
for such registration if he determines that the issuance of such 
registration would be inconsistent with the public interest. In deter-
mining the public interest, the following factors shall be considered: 
"(1) The recommendation of the appropriate State licensing 
board or professional disciplinary authority. 
"(2) The applicant's experience in dispensing, or conducting 
research with respect to controlled substances. 
"(3) The applicant's conviction record under Federal or State 
laws relating to the manufacture, distribution, or dispensing of 
controlled substances. 
"(4) Compliance with applicable State, Federal, or local laws 
relating to controlled substances. 
"(5) Such other conduct which may threaten the public health 
and safety. 
Separate registration under this part for practitioners engaging in 
research with controlled substances in schedule 11, III, IV, or V, who 
are already registered under this part in another capacity, shall not 
be required. Registration applications by practitioners wishing to 
Research and 
conduct research with controlled substances in schedule I shall be 
development, 
referred to the Secretary, who shall determine the qualifications 
and competency of each practitioner requesting registration, as well 
as the merits of the research protocol. The Secretary, in determining 
the merits of each research protocol, shall consult with the Attorney 
General as to effective procedures to adequately safeguard against 
diversion of such controlled substances from legitimate medical or 
scientific use. Registration for the purpose of bona fide research 
with controlled substances in schedule I by a practitioner deemed 
qualified by the Secretary may be denied by the Attorney General 
only on a ground specified in section 304(a). Article 7 of the Conven- Infra. 
tion on Psychotropic Substances shall not be construed to prohibit, 
32 UST 543. 
or impose additional restrictions upon, research involving drugs or 
other substances scheduled under the convention which is conducted 
in conformity with this subsection and other applicable provisions of 
this title.". 
SEC. 512. Section 304(a) (21 U.S.C. 824(a)) is amended— 
(1) by inserting before the period in paragraph (3) the follow-
ing: "or has had the suspension, revocation, or denial of his 
registration recommended by competent State authority"; and 
(2) by striking out "or" at the end of paragraph (2), by striking 
out the period at the end of paragraph (3) and inserting in lieu 
thereof "; or", and by adding after paragraph (3) the following: 
"(4) has committed such acts as would render his registration 
under section 303 inconsistent with the public interest as deter- 
21 USC 828. 
mined under such section.". 
SEC. 513. Section 304 (21 U.S.C. 824) is amended by adding at the 
end the following: 
98 STAT. 2074 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(g) The Attorney General may, in his discretion, seize or place 
under seal any controlled substances owned or possessed by a regis-
trant whose registration has expired or who has ceased to practice 
or do business in the manner contemplated by his registration. Such 
controlled substances shall be held for the benefit of the registrant, 
or his successor in interest. The Attorney General shall notify a 
registrant, or his successor in interest, who has any controlled 
substance seized or placed under seal of the procedures to be fol-
lowed to secure the return of the controlled substance and the 
conditions under which it will be returned. The Attorney General 
may not dispose of any controlled substance seized or placed under 
seal under this subsection until the expiration of one hundred and 
eighty days from the date such substance was seized or placed under 
seal.". 
SEC. 514. (a) Section 307(cXlXA) (21 U.S.C. 827(CX1)(A)) is amended 
to read as follows: 
"(A) to the prescribing of controlled substances in schedule II, 
III, IV, or V by practitioners acting in the lawful course of their 
professional practice unless such substance is prescribed in the 
course of maintenance or detoxification treatment of an individ-
ual; or", 
(b) Section 307(cXlXB) (21 U.S.C. 827(cXlXB)) is amended to read 
as follows: 
"(B) to the administering of a controlled substance in schedule 
II, III, IV, or V unless the practitioner regularly engages in the 
dispensing or administering of controlled substances and 
charges his patients, either separately or together with charges 
for other professional services, for substances so dispensed or 
administered or unless such substance is administered in the 
course of maintenance treatment or detoxification treatment of 
an individual;". 
SEC. 515. Section 307 (21 U.S.C. 827) is further amended by adding 
at the end a new subsection (g) as follows: 
"(g) Every registrant under this title shall be required to report 
any change of professional or business address in such manner as 
the Attorney General shall by regulation require.". 
SEC. 516. Section 403(aX2) (21 U.S.C. 843(aX2)) is amended to read 
as follows: 
"(2) to use in the course of the manufacture, distribution, or 
dispensing of a controlled substance, or to use for the purpose of 
acquiring or obtaining a controlled substance, a registration 
number which is fictitious, revoked, suspended, expired, or 
issued to another person.". 
SEC. 517. (a) Section 503(a) (21 U.S.C. 873(a)) is amended by strik-
ing out "and" at the end of paragraph (4), by striking out the period 
at the end of paragraph (5) and inserting in lieu thereof "; and" and 
by adding at the end the following: 
"(6) assist State and local governments in suppressing the 
diversion of controlled substances from legitimate medical, sci-
entific, and commercial channels by— 
"(A) making periodic assessments of the capabilities of 
State and local governments to adequately control the di-
version of controlled substances; 
"(B) providing advice and counsel to State and local 
governments on the methods by which such governments 
may strengthen their controls against diversion; and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2075 
"(C) establishing cooperative investigative efforts to con-
trol diversion." 
(b) Section 503 is amended by adding at the end the following: 
21 use 873. 
"(d)(1) The Attorney General may make grants, in accordance 
Grants, 
with paragraph (2), to State and local governments to assist in 
meeting the costs o
f
— 
"(A) collecting and analyzing data on the diversion of con-
trolled substances, 
"(B) conducting investigations and prosecutions of such 
diversions, 
"(C) improving regulatory controls and other authorities to 
control such diversions, 
"(D) programs to prevent such diversions, 
"(E) preventing and detecting forged prescriptions, and 
"(F) training law enforcement and regulatory personnel to 
improve the control of such diversions. 
"(2) No grant may be made under paragraph (1) unless an applica-
tion therefor is submitted to the Attorney General in such form and 
manner as the Attorney General may prescribe. No grant may 
exceed 80 per centum of the costs for which the grant is made, and 
no grant may be made unless the recipient of the grant provides 
assurances satisfactory to the Attorney General that it will obligate 
funds to meet the remaining 20 per centum of such costs. The 
Attorney General shall review the activities carried out with grants 
under paragraph (1) and shall report annually to Congress on such 
activities. 
"(3) To carry out this subsection there is authorized to be appro-
priated $6,000,000 for fiscal year 1985 and $6,000,000 for fiscal year 
1986.". 
SEC. 518. Section 511(a) (21 U.S.C. 881(a)) is amended by inserting 
the following new paragraph: 
"(8) All controlled substances which have been possessed in 
violation of this title.". 
SEC. 519. Section 1002(a)(1) (21 U.S.C. 952(a)(1)) is amended to read 
as follows: 
"(1) such amounts of crude opium, poppy straw, concentrate 
of poppy straw, and coca leaves as the Attorney General finds to 
be necessary to provide for medical, scientific, or other legiti-
mate purposes, and". 
SEC. 520. Section 1002(a)(2) (21 U.S.C. 952(a)(2)) is amended by 
striking out "or" at the end of subparagraph (A), by adding "or" at 
the end of subparagraph (B), and by adding the following after 
subparagraph (B): 
"(C) in any case in which the Attorney General finds that 
such controlled substance is in limited quantities exclu-
sively for scientific, analytical, or research uses,". 
SEC. 521. Section 1002(b)(2) (21 U.S.C 952(b)(2)) is amended to read 
as follows: 
"(2) is imported pursuant to such notification, or declaration, 
or in the case of any nonnarcotic controlled substance in sched-
ule III, such import permit, notification, or declaration, as the 
Attorney General may by regulation prescribe, except that if a 
nonnarcotic controlled substance in schedule IV or V is also 
listed in schedule I or II of the Convention on Psychotropic 
Substances it shall be imported pursuant to such import permit 
32 UST 543. 
requirements, prescribed by regulation of the Attorney General, 
as are required by the Convention.". 
Report. 
Appropriation 
authorization. 
Ante, p. 2050. 
98 STAT. 2076 
PUBLIC LAW 98-473—OCT. 12, 1984 
SEC. 522. Section 1003(e) (21 U.S.C. 953(e)) is amended to read as 
follows: 
"(e) It shall be unlawful to export from the United States to any 
other country any nonnarcotic controlled substance in schedule III 
or IV or any controlled substances in schedule V unless— 
"(1) there is furnished (before export) to the Attorney General 
documentary proof that importation is not contrary to the laws 
or regulations of the country of destination for consumption for 
medical, scientific, or other legitimate purposes; 
"(2) it is exported pursuant to such notification or declaration, 
or in the case of any nonnarcotic controlled substance in sched-
ule III, such export permit, notification, or declaration as the 
Attorney General may by regulation prescribe; and 
"(3) in the case of a nonnarcotic controlled substance in 
schedule IV or V which is also listed in schedule I or II of the 
32 UST 543. 
Convention on Psychotropic Substances, it is exported pursuant 
to such export permit requirements, prescribed by regulation of 
the Attorney General, as are required by the Convention.". 
SEC. 523. Section 1007(a)(2) (21 U.S.C. 957(a)(2)) is amended to read 
as follows: 
"(2) export from the United States any controlled substance in 
schedule I II, III IV or V ". 
SEC. 524. Section 1008(b) (21 U.S.C. 958(b)) is amended to read as 
follows: 
"(b) Registration granted under this section shall not entitle a 
registrant to import or export controlled substances other than 
specified in the registration.". 
SEC. 525. Section 1008 (21 U.S.C. 958) is further amended by 
redesignating subsections (d), (e), (0, (g), and (h) as subsections (e), (f), 
(g), (h), and (i), respectively, and— 
(1) by inserting after subsection (c) the following new subsec-
tion (d): 
"(dXl) The Attorney General may deny an application for registra-
tion under subsection (a) if he is unable to determine that such 
registration is consistent with the public interest (as defined in 
subsection (a)) and with the United States obligations under interna-
tionsil treaties, conventions, or protocols in effect on the effective 
date of this part. 
"(2) The Attorney General may deny an application for registra-
tion under subsection (c), or revoke or suspend a registration under 
subsection (a) or (c), if he determines that such registration is 
inconsistent with the public interest (as defined in subsection (a) or 
(c)) or with the United States obligations under international trea-
ties, conventions, or protocols in effect on the effective date of this 
part. 
"(3) The Attorney General may limit the revocation or suspension 
of a registration to the particular controlled substance, or sub-
stances, with respect to which grounds for revocation or suspension 
exist. 
"(4) Before taking action pursuant to this subsection, the Attorney 
General shall serve upon the applicant or registrant an order to 
show cause as to why the registration should not be denied, revoked, 
or suspended. The order to show cause shall contain a statement of 
the basis thereof and shall call upon the applicant or registrant to 
appear before the Attorney General, or his designee, at a time and 
place stated in the order, but in no event less than thirty days after 
the date of receipt of the order. Proceedings to deny, revoke, or 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2077 
suspend shall be conducted pursuant to this subsection in accord-
ance with subchapter II of chapter 5 of title 5 of the United States 
5 USC 551. 
Code. Such proceedings shall be independent of, and not in lieu of, 
criminal prosecutions or other proceedings under this title or any 
other law of the United States. 
"(5) The Attorney General may, in his discretion, suspend any 
registration simultaneously with the institution of proceedings 
under this subsection, in cases where he finds that there is an 
imminent danger to the public health and safety. Such suspension 
shall continue in effect until the conclusion of such proceedings, 
including judicial review thereof, unless sooner withdrawn by the 
Attorney General or dissolved by a court of competent jurisdiction. 
"(6) In the event that the Attorney General suspends or revokes a 
registration granted under this section, all controlled substances 
owned or possessed by the registrant pursuant to such registration 
at the time of suspension or the effective date of the revocation 
order, as the case may be, may, in the discretion of the Attorney 
General, be seized or placed under seal. No disposition may be made 
of any controlled substances under seal until the time for taking an 
appeal has elapsed or until all appeals have been concluded, except 
that a court, upon application therefor, may at any time order the 
sale of perishable controlled substances. Any such order shall re-
quire the deposit of the proceeds of the sale with the court. Upon a 
revocation order becoming final, all such controlled substances (or 
proceeds of the sale thereof which have been deposited with the 
court) shall be forfeited to the United States; and the Attorney 
General shall dispose of such controlled substances in accordance 
with section 511(e) of the Controlled Substances Act."; and 
Ante, p. 2051. 
(2) by striking our "304," in the second sentence of redesig-
nated subsection (e). 
CHAPTER VI 
DIVISION I—JUSTICE ASSISTANCE 
Justice 
Assistance Act of 
Subdivision A—Amendments to Omnibus Crime Control and Safe 
Streets Act of 1968 
SHORT TITLE 
SEC. 601. This division may be cited as the "Justice Assistance Act 
42 use 3711 
of 1984". 
note. 
DECLARATION AND PURPOSE 
SEC. 602. Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3701-3799) is amended in the matter preced- 
42 USC 3701. 
ing part A by striking out the declaration and purpose. 
OFFICE OF JUSTICE PROGRAMS 
SEC. 603. (a) Part A of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711-3713) is amended to read as 
follows— 
98 STAT. 2078 
PUBLIC LAW 98-473—OCT. 12, 1984 
"PART A—OFFICE OF JUSTICE PROGRAMS 
"ESTABUSHMENT OF OFFICE OF JUSTICE PROGRAMS 
42 use 3711. 
"SEC. 101. There is hereby established an Office of Justice 
Programs within the Department of Justice under the general 
authority of the Attorney General. The Office of Justice Programs 
(hereinafter referred to in this title as the 'Office') shall be headed 
by an Assistant Attorney General (hereinafter in this title referred 
to as the 'Assistant Attorney General') appointed by the President, 
by and with the advice and consent of the Senate. 
"DUTIES AND FUNCTIONS OF ASSISTANT ATTORNEY GENERAL 
42 use 3712. 
"SEC. 102. (a) The Assistant Attorney General shall— 
"(1) publish and disseminate information on the conditions 
and progress of the criminal justice systems; 
"(2) maintain liaison with the executive and judicial branches 
of the Federal and State governments in matters relating to 
criminal justice; 
"(3) provide information to the President, the Congress, the 
judiciary. State and local governments, and the general public 
relating to criminal justice; 
"(4) maintain liaison with public and private educational and 
research institutions, State and local governments, and govern-
ments of other nations relating to criminal justice; 
"(5) provide staff support to coordinate the activities of the 
Office and the Bureau of Justice Assistance, the National Insti-
tute of Justice, the Bureau of Justice Statistics, and the Office of 
Juvenile Justice and Delinquency Prevention; and 
"(6) exercise such other powers and functions as may be 
vested in the Assistant Attorney General pursuant to this title 
or by delegation of the Attorney General. 
Report. 
"(b) The Assistant Attorney General shall submit an annual 
report to the President and to the Congress not later than March 31 
of each year.". 
NATIONAL INSTITUTE OF JUSTICE 
SEC. 604. (a) Section 201 of part B of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3721) is amended— 
(1) in paragraph (3) by inserting "and" at the end thereof, 
(2) by striking out paragraph (4), 
(3) by redesignating paragraph (5) as paragraph (4), 
(4) by striking out "to develop alternatives to judicial resolu-
tion of disputes,", and 
(5) by inserting "and demonstrate" after "to develop". 
(b) Section 202 of part B of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended— 
(1) in subsection (b) by inserting after the second sentence the 
following: "The Director shall report to the Attorney General 
through the Assistant Attorney General.", and 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in subparagraph (A) by striking out ", including 
programs authorized by section 103 of this title", and 
(ii) in subparagraph (E) by striking out "the preven-
tion and reduction of parental kidnaping", and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2079 
(B) in paragraph (3) by striking out "part" and inserting 
in lieu thereof "title", 
(C) by striking out paragraph (4), 
(D) in paragraph (10)— 
(i) by striking out "national priority grants under 
part E and", and 
(ii) by striking out "part F" and inserting in lieu 
thereof "part E", 
(E) by striking out paragraph (9), and 
(F) by redesignating paragraphs (5), (6), (7), (8), (10), and 
(11) as paragraphs (4), (5), (6), (7), (8), and (9), respectively. 
(c) Part B of title I of the Omnibus Crime Control and Safe Streets 
Repeal. 
Act of 1968 (42 U.S.C. 3721-3724) is amended by striking out section 
42 use 3724. 
204. 
BUREAU OF JUSTICE STATISTICS 
SEC. 605. (a) The first sentence of section 301 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731) 
is amended— 
(1) by striking out "(including white-collar crime and public 
corruption)", and 
(2) by striking out "(including crimes against the elderly, 
white-collar crime, and public corruption)". 
(b) Section 302 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3732) is amended— 
(1) in subsection O
t
>
) by inserting after the third sentence the 
following: "The Director shall report to the Attorney General 
through the Assistant Attorney General.", 
(2) in subsection (c)— 
(A) by striking out paragraphs (13) and (16), 
(B) by redesignating paragraphs (14), (15), and (17) as 
paragraphs (16), (17), and (19), respectively, 
(C) by inserting after paragraph (12) the following new 
paragraphs: 
"(13) provide for the development of justice information sys-
tems programs and assistance to the States and units of local 
government relating to collection, analysis, or dissemination of 
justice statistics; 
"(14) develop and maintain a data processing capability to 
support the collection, aggregation, analysis and dissemination 
of information on the incidence of crime and the operation of 
the criminal justice system; 
"(15) collect, analyze and disseminate comprehensive Federal 
justice transaction statistics (including statistics on issues of 
Federal justice interest such as public fraud and high technol-
ogy crime) and to provide technical assistance to and work 
jointly with other Federal agencies to improve the availability 
and quality of Federal justice data;", and 
(D) by inserting after paragraph (17), as so redesignated, 
the following new paragraph: 
"(18) ensure conformance with security and privacy require-
ment of section 812 and identify, analyze, and participate in the 
Post, p. 2093. 
development and implementation of privacy, security and infor-
mation policies which impact on Federal and State criminal 
justice operations and related statistical activities; and", and, 
(3) in subsection (d)— 
98 STAT. 2080 
PUBLIC LAW 98-473—OCT. 12, 1984 
Repeal. 
42 use 3734. 
42 u s e 3735. 
(A) in paragraph (1) by inserting ", and to enter into 
agreements with such agencies and 
instrumentalities 
for purposes of data collection and analysis" before the 
semicolon, 
(B) in paragraph (3) by striking out "and" at the end 
thereof, 
(C) in paragraph (4) by striking out the period at the end 
thereof and inserting in lieu thereof a "; and", and 
(D) by inserting after paragraph (4) the following new 
paragraph: 
"(5) encourage replication, coordination and sharing among 
justice agencies regarding information systems, information 
policy, and data. 
(c) Part C of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3731-3735) is amended by striking out section 
304. 
(d) Part C of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3731-3735) is amended by redesignating 
section 305 as section 304. 
BLOCK GRANTS 
SEC. 606. Part D of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3741-3745) is amended to read as 
follows: 
"PART D—BLOCK GRANTS 
42 
use 
3741. 
Post, pp. 2086, 
2087. 
Report. 
ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE 
"SEC. 401. (a) There is established within the Department of 
Justice, under the general authority of the Attorney General, a 
Bureau of Justice Assistance (hereinafter in this part and part E 
referred to as the 'Bureau'). 
"(b) The Bureau shall be headed by a Director (hereinafter in this 
part and part E referred to as the 'Director') who shall be appointed 
by the Attorney General. The Director shall report to the Attorney 
General through the Assistant Attorney General. The Director shall 
have final authority for all grants, cooperative agreements, and 
contracts awarded by the Bureau. The Director shall not engage in 
any employment other than that of serving as the Director, nor 
shall the Director hold any office in, or act in any capacity for, any 
organization, agency, or institution with which the Bureau makes 
any contract or other arrangement under this title. 
DUTIES AND FUNCTIONS OF DIRECTOR 
42 use 3742. 
"SEC. 402. The Director shall— 
"(1) provide funds to eligible States, units of local government 
and private nonprofit organizations pursuant to this part and 
part E; 
"(2) establish priorities for programs in accordance with part 
E and, following public announcement of such priorities, award 
and allocate funds and technical assistance in accordance with 
the criteria of part E and on terms and conditions determined 
by the Director to be consistent with part E; 
"(3) cooperate with and provide technical assistance to States, 
units of local government, and other public and private organi-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2081 
zations or international agencies involved in criminal justice 
activities; 
"(4) provide for the development of technical assistance and 
training programs for State and local criminal justice agencies 
and foster local participation in such activities; 
"(5) encourage the targeting of State and local resources on 
efforts to reduce the incidence of violent crime and on 
programs relating to the apprehension and prosecution of 
repeat offenders; 
"(6) establish and carry on a specific and continuing program 
of cooperation with the States and units of local government 
designed to encourage and promote consultation and coordina-
tion concerning decisions made by the Bureau affecting State 
and local criminal justice priorities; and 
"(7) exercise such other powers and functions as may be 
vested in the Director pursuant to this title. 
"DESCRIPTION OF PROGRAM 
"SEC. 403. (a) It is the purpose of this part to assist States and 
42 use 3743. 
units of local government in carrying out specific programs which 
offer a high probability of improving the functioning of the criminal 
justice system, with special emphasis on violent crime and serious 
offenders. The Bureau is authorized to make grants under this part 
Grants. 
to States for the purpose of— 
"(1) providing community and neighborhood programs that 
enable citizens and police to undertake initiatives to prevent 
and control neighborhood crime; 
"(2) disrupting illicit commerce in stolen goods and property; 
"(3) combating arson; 
"(4) effectively investigating and bringing to trial white-collar 
crime, organized crime, public corruption crimes, and fraud 
against the Government; 
"(5) identifying criminal cases involving persons (including 
juvenile offenders) with a history of serious criminal conduct in 
order to expedite the processing of such cases and to improve 
court system management and sentencing practices and proce-
dures in such cases; 
"(6) developing and implementing programs which provide 
assistance to jurors and witnesses, and assistance (other than 
compensation) to victims of crimes; 
"(7) providing alternatives to pretrial detention, jail, and 
prison for persons who pose no danger to the community; 
"(8) providing programs which identify and meet the needs of 
drug-dependent offenders; 
"(9) providing programs which alleviate prison and jail over-
crowding and programs which identify existing State and 
Federal buildings suitable for prison use; 
"(10) providing training, management, and technical assist-
ance to criminal justice personnel and determining appropriate 
prosecutorial and judicial personnel needs; 
"(11) providing prison industry projects designed to place 
inmates in a realistic working and training environment in 
which they will be enabled to acquire marketable skills and to 
make financial payments for restitution to their victims, for 
support of their own families, and for support of themselves in 
the institution; 
98 STAT. 2082 
PUBLIC LAW 98-473—OCT. 12, 1984 
Post, pp. 2086, 
2087. 
Effective date. 
"(12) providing for operational information systems and work-
load management systems which improve the effectiveness of 
criminal justice agencies; 
"(13) providing programs of the same types as programs 
described in section 501(a)(4)— 
"(A) which the Director establishes, under section 503(a), 
as discretionary programs for financial assistance under 
part E; and 
"(B) which are innovative and have been deemed by the 
Director as likely to prove successful; 
"(14) implement programs which address critical problems of 
crime, such as drug trafficking, which have been certified by the 
Director, after consultation with the Director of the National 
Institute of Justice, Director of the Bureau of Justice Statistics, 
and Administrator of the Office of Juvenile Justice and Delin-
quency Prevention, as having proved successful; 
"(15) providing programs which address the problem of seri-
ous offenses committed by juveniles; 
"(16) addressing the problem of crime committed against the 
elderly; 
"(17) providing training, technical assistance, and programs 
to assist State and local law enforcement authorities in rural 
areas in combating crime, with particular emphasis on violent 
crime, juvenile delinquency, and crime prevention; and 
"(18) improving the operational effectiveness of law enforce-
ment by integrating and maximizing the effectiveness of police 
field operations and the use of crime analysis techniques. 
"(b)(1) For any fiscal year ending after September 30, 1984, the 
Federal portion of any grant made under this part shall be 50 per 
centum of the cost of programs and projects specified in the applica-
tion of such grant, except that in the case of funds distributed to an 
Indian tribe which performs law enforcement functions (as deter-
mined by the Secretary of the Interior) for any program or project 
described in subsection (a), the Federal portion shall be 100 per 
centum of such cost. 
"(2) The non-Federal portion of the cost of such program or project 
shall be in cash. 
"(c) No funds may be given under this title to a grant recipient for 
a program or project for which funds have been given under this 
title for four years (in the aggregate), including any period occurring 
before the effective date of this subsection. 
Appropriation 
authorization. 
42 use 3744. 
ELIGIBILITY 
"SEC. 404. The Bureau is authorized to make financial assistance 
under this part available to a State to enable it to carry out all or a 
substantial part of a program or project submitted and approved in 
accordance with the provisions of this part. 
APPLICATIONS 
Prohibition. 
"SEC. 405. No grant may be made by the Bureau to a State, or by a 
42 use 3745. 
State to an eligible recipient pursuant to this part, unless the 
application for such grant sets forth criminal justice programs and 
projects covering a two-year period which meet the purposes of 
section 403(a) of this title, designates which purpose specified in 
section 403(a) each such program or project is intended to achieve, 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2083 
and identifies the State agency or unit of local government which 
will implement each such program or project. This application must 
be amended annually if new programs are to be added to the 
application or if the programs contained in the original application 
are not implemented. The application must include— 
"(1) an assurance that following the first fiscal year covered 
by an application and each fiscal year thereafter, the applicant 
shall submit to the Bureau or to the State, as the case may be— 
"(A) a performance report concerning the activities car-
ried out pursuant to this part and part E; and 
"(B) an assessment by the applicant of the impact of those 
activities on the purposes of this part and the needs and 
objectives identified in the applicant's statement; 
"(2) a certification that Federal funds made available under 
this title will not be used to supplant State or local funds, but 
will be used to increase the amounts of such funds that would, 
in the absence of Federal funds, be made available for criminal 
justice activities; 
"(3) an assurance that fund accounting, auditing, monitoring, 
and such evaluation procedures as may be necessary to keep 
such records as the Bureau shall prescribe shall be provided to 
assure fiscal control, proper management, and efficient dis-
bursement of funds received under this title; 
"(4) an assurance that the applicant shall maintain such data 
and information and submit such reports in such form, at such 
times, and containing such data and information as the Bureau 
may reasonably require to administer other provisions of this 
title; 
"(5) a certification that its programs meet all the require-
ments of this section, that all the information contained in the 
application is correct, that there has been appropriate coordina-
tion with affected agencies, and that the applicant will comply 
with all provisions of this title and all other applicable Federal 
laws (such certification shall be made in a form acceptable to 
the Bureau and shall be executed by the chief executive or such 
other officer of the applicant qualified under regulations pro-
mulgated by the Office); 
"(6) if the applicant is a State, an assurance that not more 
than 10 per centum of the aggregate amount of funds received 
by a State under this part for a fiscal year will be distributed for 
programs and projects designated as intended to achieve the 
purpose specified in section 403(a)(13); 
"(7) an assurance that the State will take into account the 
needs and requests of units of general local government in the 
State and encourage local initiative in the development of 
programs which meet the purposes of Section 408(a); 
"(8) an assurance that the State application described in this 
section, and any amendment to such application, has been 
submitted for review to the State legislature or its designated 
body (for purposes of this section, such application or amend-
ment shall be deemed to be reviewed if the State legislature or 
such body does not review such application or amendment 
within the 60-day period beginning on the date such application 
or amendment is so submitted); and 
"(9) an assurance that the State application and any amend-
ment thereto was made public before submission to the Bureau 
and, to the extent provided under State law or established 
Report. 
Post, pp. 2086, 
2087. 
Effective date. 
98 STAT. 2084 
PUBLIC LAW 98-473—OCT. 12, 1984 
procedure, an opportunity to comment thereon was provided to 
citizens and to neighborhood and community groups. 
' r 
42 u s e 3746. 
Ante, p. 2082. 
Effective date. 
Ante, p. 2081. 
Prohibitions. 
Federal 
Register, 
publication. 
Public 
availability. 
REVIEW OF APPLICATIONS 
"SEC. 406. (a) The Bureau shall provide financial assistance to 
each State applicant under this part to carry out the programs or 
projects submitted by such applicant upon determining that— 
"(1) the application or amendment thereto is consistent with 
the requirements of this title; and 
"(2) before the approval of the application and any amend-
ment thereto the Bureau has made an affirmative finding in 
writing that the program or project has been reviewed in 
accordance with section 405. 
Each application or amendment made and submitted for approval to 
the Bureau pursuant to section 405 of this title shall be deemed 
approved, in whole or in part, by the Bureau not later than sixty 
days after first received unless the Bureau informs the applicant of 
specific reasons for disapproval. 
"(b) The Bureau shall suspend funding for an approved applica-
tion in whole or in part if such application contains a program or 
project which has failed to conform to the requirements of this part 
or purposes of section 403(a) of this title. The Bureau may make 
appropriate adjustments in the amounts of grants in accordance 
with its findings pursuant to this subsection. 
"(c) Grant funds awarded under this part shall not be used for— 
"(1) the purchase of equipment or hardware, or the payment 
of personnel costs, unless the cost of such purchases and pay-
ments is incurred as an incidental and necessary part of a 
program under section 403(a) of this title; 
"(2) programs which have as their primaiy purpose general 
salary payments for employees or classes of employees within 
an eligible jurisdiction, except for the compensation of person-
nel for time engaged in conducting or undergoing training 
programs or the compensation of personnel engaged in re-
search, development, demonstration, or short-term programs; 
"(3) land acquisition or construction projects; or 
"(4) programs or projects which, based upon evaluations by 
the National Institute of Justice, Bureau of Justice Assistance, 
Bureau of Justice Statistics, State or local agencies, and other 
public or private organizations, have been demonstrated to offer 
a low probability of improving the functioning of the criminal 
justice system. Such programs must be formally identified by a 
notice in the Federal Register after opportunity for comment. 
"(d) The Bureau shall not finally disapprove any application, or 
any amendment thereto, submitted to the Director under this part 
without first affording the applicant reasonable notice and opportu-
nity for reconsideration. 
42 u s e 3747. 
Post, pp. 2086, 
2087. 
ALLOCATION AND DISTRIBUTION OF FUNDS 
"SEC. 407. (a) Of the total amount appropriated for this part and 
part E in any fiscal year, 80 per centum shall be set aside for this 
part and allocated to States as follows: 
"(1) $250,000 shall be allocated to each of the participating 
States. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2085 
"(2) Of the total funds remaining after the allocation under 
paragraph (1), there shall be allocated to each State an amount 
which bears the same ratio to the amount of remaining funds 
described in this paragraph as the population of such State 
bears to the population of all the States. 
"(b)(1) Each State which receives funds under subsection (a) in a 
fiscal year shall distribute among units of local government, or 
combinations of units of local government, in such State for the 
purposes specified in section 403(a) of this title that portion of such 
Ante, p. 2081. 
funds which bears the same ratio to the aggregate amount of such 
funds as the amount of funds expended by all units of local govern-
ment for criminal justice in the preceding fiscal year bears to the 
aggregate amount of funds expended by the State and all units of 
local government iij such State for criminal justice in such preced-
ing fiscal year. 
"(2) In distributing funds received under this part among urban, 
rural, and suburban units of local government and combinations 
thereof, the State shall give priority to those jurisdictions with the 
greatest need. 
"(3) Any funds not distributed to units of local government under 
paragraph (1) shall be available for expenditure by the State 
involved. 
"(4) For purposes of determining the distribution of funds under 
paragraph (1), the most accurate and complete data available for the 
fiscal year involved shall be used. If data for such fiscal year are not 
available, then the most accurate and complete data available for 
the most recent fiscal year preceding such fiscal year shall be used. 
"(c) No funds allocated to a State under subsection (a) or received 
by a State for distribution under subsection (b) may be distributed 
by the Director or by the State involved for any program other than 
a program contained in an approved application. 
"(d) If the Director determines, on the basis of information avail-
able to it during any fiscal year, that a portion of the funds allocated 
to a State for that fiscal year will not be required or that a State will 
be unable to qualify or receive funds under this part, or that a State 
chooses not to participate in the program established by this part, 
then such portion shall be awarded by the Director to urban, rural, 
and suburban units of local government or combinations thereof 
within such State giving priority to those jurisdictions with greatest 
need. 
"(e) Any funds not distributed under subsections (b) and (d) shall 
be available for obligation under part E. 
Post, pp. 2086, 
2087. 
STATE OFFICE 
"SEC. 408. (a) The chief executive of each participating State shall 
42 use 3748. 
designate a State office for purposes of— 
"(1) preparing an application to obtain funds under this part; 
and 
"(2) administering funds received from the Bureau of Justice 
Assistance, including receipt, review, processing, monitoring, 
progress and financial report review, technical assistance, grant 
adjustments, accounting, auditing, and fund disbursements. 
"(b) An office or agency performing other functions within the 
executive branch of a State may be designated to carry out the 
functions specified in subsection (a).". 
98 STAT. 2086 
PUBLIC LAW 98-473—OCT. 12, 1984 
NATIONAL PRIORITY GRANTS 
Repeal. 
Post, p. 2087. 
42 use 
3751-3755. 
Post, p. 2087. 
42 use 
3761-3763. 
42 u s e 3761. 
Ante, p. 2080. 
42 u s e 3762. 
42 u s e 3763. 
Expiration date. 
SEC. 607. Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3701 et seq.) is amended by striking out part E. 
DISCRETIONARY GRANTS 
SEC. 608. (a) Sections 601, 602, and 603 of part F of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3761-3762) are amended to read as follows: 
"PURPOSE 
"SEC. 501. (a) The purpose of this part is to provide additional 
Federal financial assistance to public agencies and private nonprofit 
organizations for purposes of— 
"(1) undertaking educational and training programs for crimi-
nal justice personnel; 
"(2) providing technical assistance to States and local units of 
governments; 
"(3) undertaking projects which are national or multi-State in 
scope and which address the purposes specified in section 403(a) 
of this title; and 
"(4) providing financial assistance to public agencies and 
private nonprofit organizations for demonstration programs 
which, in view of previous research or experience, are likely to 
be a success in more than one jurisdiction and are not likely to 
be funded with moneys from other sources. 
"(b) In carrying out this part, the Bureau is authorized to make 
grants, and enter into cooperative agreements and contracts with, 
public agencies and private nonprofit organizations. 
" P E R C E N T A G E O F APPROPRIATION FOR DISCRETIONARY GRANT PROGRAM 
"SEC. 502. Of the total amount appropriated for part D and this 
part in any fiscal year, 20 per centum shall be reserved and set aside 
for this part in a special discretionary fund for use by the Bureau in 
carrying out the purposes specified in section 501 of this title. 
Grants under this part may be made for amounts up to 100 per 
centum of the costs of the programs or projects contained in the 
approved application. 
" P R O C E D U R E FOR ESTABLISHING DISCRETIONARY PROGRAMS 
"SEC. 503. (a) The Director of the Bureau shall periodically estab-
lish discretionary programs and projects for financial assistance 
under this part. Such programs and projects shall be considered 
priorities for a period of time not to exceed three years from the 
time of such determination. 
"(b) The Director shall annually request the National Institute of 
Justice, the Bureau of Justice Statistics, the Office of Justice Pro-
grams, State and local governments, and other appropriate public 
and private agencies to suggest discretionary programs and projects. 
The Director shall then, pursuant to regulations, annually publish 
the proposed priorities pursuant to this part and invite and encour-
age public comment concerning such priorities. Priorities shall not 
be established or modified until the Director has provided at least 
sixty-days advance notice for such public comment and the Director 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2087 
shall encourage and invite recommendations and opinion concern-
ing such priorities from appropriate agencies and officials of State 
and units of local government. After considering any comments 
submitted during such period of time and after consultation with 
appropriate agencies and officials of State and units of local govern-
ment, the Director shall determine whether existing established 
priorities should be modified. The Director shall publish in the 
Federal Register the priorities established pursuant to this part 
before the beginning of fiscal year 1985 and each fiscal year thereaf-
ter for which appropriations will be available to carry out the 
program.". 
(b) Section 604 of part F of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3764) is amended by striking 
out "Administration" each place it appears and inserting in lieu 
thereof "Bureau". 
(c) Section 605 of part F of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3765) is amended to read as 
follows: 
"CRITERIA FOR AWARD 
"SEC. 505. The Bureau shall, in its discretion and according to the 
criteria, and on the terms and conditions it determines consistent 
with this part, provide financial assistance to those programs or 
projects which most clearly satisfy the priorities established under 
section 503 of this title. In providing such assistance pursuant to this 
part, the Bureau shall consider whether certain segments and com-
ponents of the criminal justice system have received a disproportion-
ate allocation of financial aid and assistance pursuant to other parts 
of this title, and, if such a finding is made, shall assure the funding 
of such other segments and components of the criminal justice 
system as to correct inequities resulting from such disproportionate 
allocations.". 
(d) Section 606 of part F of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3766) is amended to read as 
follows: 
"PERIOD FOR AWARD 
Federal 
Register, 
publication. 
Infra. 
Infra. 
Ante, p. 2086. 
Infra. 
"SEC. 506. The Bureau may provide financial aid and assistance to Expiration date. 
programs or projects under this part for a period not to exceed three 
years. Grants made pursuant to this part may be extended or 
renewed by the Bureau for an additional period of up to two years 
if— 
"(1) an evaluation of the program or project indicates that it 
has been effective in achieving the stated goals or offers the 
potential for improving the functioning of the criminal justice 
system; and 
"(2) the public agency or private nonprofit organization 
within which the program or project has been conducted agrees 
to provide at least one-half of the total cost of such program or 
project from any source of funds, including Federal grants, 
available to the eligible jurisdiction.". 
(e) The heading for part F of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3761-3766) is amended by 
striking out "Part F" and inserting in lieu thereof "Part E". 
(f) Part E, as so redesignated, of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3766) is 
42USC3764. 
amended by redesignating section 604 as section 504. 
98 STAT. 2088 
PUBLIC LAW 98-473—OCT. 12, 1984 
State and local 
governments. 
Ante, p. 2087. 
42 use 
3701-3797. 
Grants. 
Housing. 
42 u s e 3769. 
42 u s e 3769a. 
18 u s e 4281 et 
seq. 
42 u s e 3769b. 
PILOT PROGRAMS FOR CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES 
SEC. 609. Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3701-3799) is amended by inserting after part 
E, as so redesignated, the following new part: 
"PART F—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT 
PROGRAM 
"AUTHORITY FOR PAYMENTS 
"SEC. 601. In order to relieve overcrowding and substandard condi-
tions at State and local correctional facilities, the Director of the 
Bureau of Justice Assistance (hereinafter in this part referred to as 
the 'Director') is authorized to make grants to States, units of local 
government, and combinations of such units to assist in construction 
of correctional facility projects approved under this part, and in 
planning to relieve overcrowding and substandard conditions in 
correctional facilities. 
"ELIGIBIUTY 
"SEC. 602. (a) A State, unit of local government, or combination of 
such units shall be eligible for assistance under this part for a 
correctional facility project only— 
"(1) if the Director, with the concurrence of the Director of 
the National Institute of Corrections established in chapter 315 
of title 18, United States Code, has made a determination that 
such project represents a prototype of new and innovative 
methods and advanced design that will stand as examples of 
technology for avoiding delay and reducing costs in correctional 
facility design, construction, and improvement; and 
"(2) for not more than one such project in any State per fiscal 
year. 
"(b) A State, a unit of local government, or a combination of such 
units shall be eligible for assistance under this part for the develop-
ment of a plan for relieving overcrowding or substandard conditions 
in correctional facilities operated by the State, a unit of local 
government, or a combination of such units. Such assistance shall 
not exceed 50 percent of the cost of developing the plan. 
"APPUCATION; APPROVAL; PAYMENT 
"SEC. 603. (a) A State, unit of local government, or combination of 
such units desiring to receive assistance under this part for a 
correctional facihty project shall submit to the Director an applica-
tion which shall include— 
"(1) reaisonable assurance that the applicant has developed an 
acceptable plan for reducing overcrowding and improving condi-
tions of confinement in its correctional facilities and heis imple-
mented, or is in the process of implementing, such plan through 
legislative, executive, or judicial initiatives; 
"(2) a detailed description of the correctional facility to be 
constructed, altered, or expanded, including a description of the 
site of such facility; 
"(3) an estimate of the total cost of the construction of such 
project, including the amount of assistance requested for such 
project; 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2089 
"(4) reasonable assurance that title to such site is or will be 
vested solely in the applicant, or another agency or instrumen-
tality of the applicant; 
"(5) reasonable assurance that adequate financial support will 
be available for the construction of the project and for its 
maintenance and operation when complete; and 
"(6) reasonable assurance that the applicant will comply with 
the standards and recommendations of the clearinghouse on the 
construction and modernization of correctional facilities estab-
lished under section 605. 
"(b)(1) The Director may approve any such application only if the Infra. 
Director finds that— 
"(A) there are sufficient funds available to provide the assist-
ance requested; 
"(B) such assistance does not exceed 20 percent of the 
estimated total cost of construction; 
"(C) the application contains such reasonable assurances as 
may be required under subsection (a); and 
"(D) the eligibility criteria of section 602 are met. 
"(2) In approving applications under this subsection, the Director Ante, p. 2088. 
shall consider the numbers and general characteristics of the 
inmate population (to include factors such as offenders' ages, of-
fenses, average term of incarceration, and custody status), and the 
degree to which the applicant has implemented an inmate classifica-
tion system which addresses the need for appropriate security 
assignment. 
"(c) Upon approving an application under this section, the Direc-
tor shall award the amount of assistance so approved, but in no 
event an amount greater than 20 percent of the cost of construction 
of the approved correctional facility project, and shall provide for 
payment to the applicant or, if designated by the applicant, any 
agency or instrumentality of the applicant. Such amount shall be 
paid, in advance or by way of reimbursement, and in such install-
ments consistent with the progress of construction as the Director 
may determine. Funds paid under this subsection for the construc-
tion of an approved project shall be used solely for carrying out such 
project as so approved. 
"(d) An amendment of any application shall be subject to approval 
in the same manner as an original application. 
"RECAPTURE PROVISIONS 
"SEC. 605. If, within 20 years after completion of any correctional Claims. 
facility project with respect to which assistance has been provided '^^ ^ 
3769c. 
under this section, such facility ceases to be operated as a correc-
tional facility, the United States may recover from the recipient of 
such assistance any amount not to exceed 20 percent of the then 
current value of such project (but in no event an amount greater 
than the amount of assistance provided under this part for such 
project), as determined by agreement with the parties or by action 
brought in the district court of the United States for the district in 
which such facility is situated. 
31-194 - 0 - 86 - 30 : QL. 3 Part 2 
98 STAT. 2090 
PUBLIC LAW 98-473—OCT. 12, 1984 
Public 
information. 
42 u s e 3769d. 
Contracts. 
CLEARINGHOUSE ON THE CONSTRUCTION AND MODERNIZATION OF 
CRIMINAL JUSTICE FACILITIES 
"SEC. 606. (a) The Director shall provide for the operation of a 
clearinghouse on the construction and modernization of correctional 
facilities, which shall collect, prepare, and disseminate to the public 
and to interested State and local public agencies information, in-
cluding recommendations, pertaining to the construction and mod-
ernization of correctional facilities. Such information shall include 
information regarding— 
"(1) new and innovative methods and advanced design that 
will stand as examples of technology for avoiding delay and 
reducing costs in correctional facility design, construction, and 
improvement; 
"(2) ways in which a construction planning program may be 
used to improve the administration of the criminal justice 
system within each State; 
"(3) recommended minimum standards concerning construc-
tion materials and methods, to be updated from time to time to 
reflect technological advances; 
"(4) the cost effectiveness of available construction materials, 
methods, and design technologies; 
"(5) the training of correctional facility personnel; and 
"(6) health 
and 
safety 
considerations 
in 
construction 
planning. 
"(b) The Director is authorized to enter into contracts with private 
organizations and interagency agreements with the National Insti-
tute of Corrections, the National Institute of Justice, the Bureau of 
Justice and Statistics, and other appropriate public agencies, to 
operate the clearinghouse required under this section.". 
TRAINING AND MANPOWER DEVELOPMENT 
SEC. 609A. (a) Part G of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3771-3775) is amended to read as 
follows: 
"PART G—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE 
PERSONNEL 
42 u s e 3771. 
Federal Bureau 
of Investigation 
National 
Academy, 
Quantico, Va. 
Rural areas. 
TRAINING AND MANPOWER DEVELOPMENT 
"SEC. 701. (a) The Director of the Federal Bureau of Investigation 
is authorized to— 
"(1) establish and conduct training programs at the Federal 
Bureau of Investigation National Academy at Quantico, Vir-
ginia, to provide, at the request of a State or unit of local 
government, training for State and local criminal justice 
personnel; 
"(2) develop new or improved approaches, techniques, sys-
' 
tems, equipment, and devices to improve and strengthen crimi-
nal justice; and 
"(3) assist in conducting, at the request of a State or unit of 
local government, local and regional training programs for the 
training of State and local criminal justice personnel engaged in 
the investigation of crime and the apprehension of criminals. 
Training for rural criminal justice personnel shall include. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2091 
when appropriate, effective use of regional resources and meth-
ods to improve coordination among criminal justice personnel in 
different areas and in different levels of government. Such 
training shall be provided only for persons actually employed as 
State police or highway patrol, police of a unit of local govern-
ment, sheriffs, and their deputies, and other persons as the 
State or such unit may nominate for police training while such 
persons are actually employed as officers of such State or unit. 
"(b) In the exercise of the functions, powers, and duties estab-
lished under this section the Director of the Federal Bureau of 
Investigation shall be under the general authority of the Attorney 
General. 
"(c) Notwithstanding the provisions of subsection (a), the Secre-
tary of the Treasury is authorized to establish, develop, and conduct 
training programs at the Federal Law Enforcement Training Center 
at Glynco, Georgia, to provide, at the request of a State or unit of 
local government, training for State and local criminal justice per-
sonnel provided that such training does not interfere with the 
Center's mission to train Federal law enforcement personnel.". 
Federal Law 
Enforcement 
Training Center, 
Glynco, Ga. 
ADMINISTRATIVE PROVISIONS 
SEC. 609B. (a) Part H of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by 
striking out section 801. 
(b) Sections 802 and 803 of part H of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3782) are amended to 
read as follows: 
"CONSULTATION; ESTABLISHMENT OF RULES AND REGULATIONS 
"SEC. 801. (a) The Office of Justice Programs, the Bureau of 
Justice Assistance, the Office of Juvenile Justice and Delinquency 
Prevention, the Bureau of Justice Statistics, and the National Insti-
tute of Justice are authorized, after appropriate consultation with 
representatives of States and units of local government, to establish 
such rules, regulations, and procedures as are necessary to the 
exercise of their functions, and as are consistent with the stated 
purposes of this title. 
"(b) The Bureau of Justice Assistance shall, after consultation 
with the National Institute of Justice, the Bureau of Justice Statis-
tics, the Office of Juvenile Justice and Delinquency Prevention, 
State and local governments, and the appropriate public and private 
agencies, establish such rules and regulations as are necessary to 
assure the continuing evaluation of selected programs or projects 
conducted pursuant to parts D and E, in order to determine— 
"(1) whether such programs or projects have achieved the 
performance goals stated in the original application, are of 
proven effectiveness, have a record of proven success, or offer a 
high probability of improving the criminal justice system; 
"(2) whether such programs or projects have contributed or 
are likely to contribute to the improvement of the criminal 
justice system and the reduction and prevention of crime; 
"(3) their cost in relation to their effectiveness in achieving 
stated goals; 
"(4) their impact on communities and participants; and 
"(5) their implication for related programs. 
Repeal. 
42 use 3781. 
42 use 3782, 
3783. 
42 use 3782. 
Ante, pp. 2080, 
2086, 2087. 
98 STAT. 2092 
PUBLIC LAW 98-473—OCT. 12, 1984 
Report. 
Ante, p. 2080. 
Ante, p. 2081. 
Paperwork 
reduction. 
Waste and 
efficiency. 
In conducting evaluations described in this subsection, the Bureau 
of Justice Assistance shall, when practical, compare the effective-
ness of programs conducted by similar applicants and different 
applicants. The Bureau of Justice Assistance shall also require 
applicants under part D to submit an annual performance report 
concerning activities carried out pursuant to part D together with 
an assessment by the applicant of the effectiveness of those activi-
ties in achieving the purposes of section 403(a) of this title and the 
relationships of those activities to the needs and objectives specified 
by the applicant in the application submitted pursuant to section 
403 of this title. The Bureau shall suspend funding for an approved 
application under part D if an applicant fails to submit such an 
annual performance report. 
"(c) The procedures established to implement the provisions of 
this title shall minimize paperwork and prevent needless duplica-
tion and unnecessary delays in award and expenditure of funds at 
all levels of government. 
NOTICE AND HEARING ON DENIAL OR TERMINATION OF GRANT 
42 use 3783. 
"SEC. 802. (a) Whenever, after reasonable notice and opportunity 
for a hearing on the record in accordance with section 554 of title 5, 
United States Code, the Bureau of Justice Assistance, the National 
Institute of Justice, and the Bureau of Justice Statistics finds that a 
recipient of assistance under this title has failed to comply substan-
tially with— 
"(1) any provisions of this title; 
"(2) any regulations or guidelines promulgated under this 
title; or 
"(3) any application submitted in accordance with the provi-
sions of this title, or the provisions of any other applicable 
Federal Act; 
the Director involved shall, until satisfied that there is no longer 
any such failure to comply, terminate payments to the recipient 
under this title, reduce payments to the recipient under this title by 
an amount equal to the amount of such payments which were not 
expended in accordance with this title, or limit the availability of 
payments under this title to programs, projects, or activities not 
affected by such failure to comply. 
"(b) If any grant application submitted under part D of this title 
has been denied, or any grant under this title has been terminated, 
then the Bureau of Justice Assistance, the National Institute of 
Justice, or the Bureau of Justice Statistics, as appropriate, shall 
notify the applicant of its action and set forth the reason for the 
action taken. Whenever such an applicant requests a hearing, the 
Bureau of Justice Assistance, the National Institute of Justice, or 
the Bureau of Justice Statistics, or any authorized officer thereof, is 
authorized and directed to hold such hearings or investigations, 
including hearings on the record in accordance with section 554 of 
title 5, United States Code, at such times and places as necessary, 
following appropriate and adequate notice to such applicant; and the 
findings of fact and determinations made with respect thereto shall 
be final and conclusive, except as otherwise provided herein. The 
Bureau of Justice Assistance, the National Institute of Justice, or 
the Bureau of Justice Statistics is authorized to take final action 
without a hearing if, after an administrative review of the denial of 
such application or termination of such grant, it is determined that 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2093 
the basis for the appeal, if substantiated, would not establish a basis 
for awarding or continuing of the grant involved. Under such cir-
cumstances, a more detailed statement of reasons for the agency 
action should be made available, upon request, to the applicant. 
"(c) If the applicant involved is dissatisfied with the findings and 
determinations of the Bureau of Justice Assistance, the National 
Institute of Justice, or the Bureau of Justice Statistics following 
notice and hearing provided for in subsection (a) of this section, a 
request may be made for rehearing, under such regulations and 
procedure as the Bureau of Justice Assistance, the National Insti-
tute of Justice, or the Bureau of Justice Statistics may establish, and 
such applicant shall be afforded an opportunity to present such 
additional information as may be deemed appropriate and pertinent 
to the matter involved.". 
(c) Section 804 of part H of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3784) is amended by striking 
out "Law Enforcement Assistance Administration" and inserting in 
lieu thereof "Bureau of Justice Assistance". 
(d) Section 805 of part H of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3785) is amended— 
(1) by striking out "Office of Justice Assistance, Research, and 
Statistics, the Law Enforcement Assistance Administration," 
each place it appears and inserting in lieu thereof "Office of 
Justice Programs, Bureau of Justice Assistance,", 
(2) by inserting "the Office of Juvenile Justice and Delin-
quency Prevention," before "or the National Institute of Jus-
tice" each place it appears, 
(3) in subsection (a) by striking out "section 803, 804, or 
815(c)(2)(G)" and inserting in lieu thereof "section 802, 803, or 
809(c)(2)(G)", and 
(4) in subsection (b) by inserting "the Office of Juvenile 
Justice and Delinquency Prevention" before "or the Bureau of 
Justice Statistics". 
(e) Part H of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3781 et seq.) is amended by striking out 
sections 806, 807, 808, 809, 810, 811, 812, 813, 814, 819, and 826. 
(0 Part H of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3781-3789o) is amended by redesignating 
sections 804, 805, 815, 816, 817, 818, 820, 821, 822, 823, 824, 825, and 
827 as sections 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 
818, and 819, respectively. 
(g) Part H of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3781-3789o) is amended by inserting after 
section 804, as so redesignated, the following new sections: 
Infra. 
Infra. 
Repeals. 
42 use 
3786-3789C, 
3789h, 37890. 
18 u s e 1761 and 
note; 41 USe 35; 
post, p. 2103. 
42 u s e 3784, 
3785, 3789d-
3789g, 37891-
3789n. 
42 use 
3781-37890. 
DELEGATION OF FUNCTIONS 
"SEC. 805. The Attorney General, the Assistant Attorney General, 
the Director of the National Institute of Justice, the Director of the 
Bureau of Justice Statistics, the Administrator of the Office of 
Juvenile Justice and Delinquency Prevention, and the Director of 
the Bureau of Justice Assistance may delegate to any of their 
respective officers or employees such functions under this title as 
they deem appropriate. 
42 u s e 3786. 
98 STAT. 2094 
PUBLIC LAW 98-473—OCT. 12, 1984 
"SUBPOENA POWER; EMPLOYMENT OF HEARING OFFICERS; AUTHORITY 
TO HOLD HEARINGS 
42 use 3787. 
"SEC. 806. The Bureau of Justice Assistance, the National Insti-
tute of Justice, and the Bureau of Justice Statistics may appoint 
such hearing examiners or administrative law judges or request the 
use of such administrative law judges selected by the Office of 
Personnel Management pursuant to section 3344 of title 5, United 
States Code, as shall be necessary to carry out their respective 
powers and duties under this title. The Bureau of Justice Assistance, 
the National Institute of Justice, and the Bureau of Justice Statis-
tics or upon authorization, any member thereof or any hearing 
examiner or administrative law judge assigned to or employed 
thereby shall have the power to hold hearings and issue subpoenas, 
administer oaths, examine witnesses, and receive evidence at any 
place in the United States they respectively may designate. 
"PERSONNEL A N D ADMINISTRATIVE AUTHORITY 
42 use 3788. 
"SEC. 807. (a) The Assistant Attorney General, the Director of the 
Bureau of Justice Assistance, the Director of the Institute, and the 
Director of the Bureau of Justice Statistics are authorized to select, 
appoint, employ, and fix compensation of such officers and employ-
ees as shall be necessary to carry out the powers and duties of the 
Office, the Bureau of Justice Assistance, the National Institute of 
Justice, and the Bureau of Justice Statistics, respectively, under this 
title. 
"(b) The Office, the Bureau of Justice Assistance, the National 
Institute of Justice, and the Bureau of Justice Statistics are author-
ized, on a reimbursable basis when appropriate, to use the available 
services, equipment, personnel, and facilities of Federal, State, and 
local agencies to the extent deemed appropriate after giving due 
consideration to the effectiveness of such existing services, equip-
ment, personnel, and facilities. 
"(c) The Office, the Bureau of Justice Assistance,, the National 
Institute of Justice, and the Bureau of Justice Statistics may ar-
range with and reimburse the heads of other Federal departments 
and agencies for the performance of any of the functions under this 
title. 
"(d) The Office, the Bureau of Justice Assistance, the National 
Institute of Justice, and the Bureau of Justice Statistics may pro-
cure the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, relating to appointments 
in the Federal service, at rates of compensation for individuals not 
to exceed the daily equivalent of the rate of pay payable from time 
to time for GS-18 of the General Schedule under section 5332 of 
title 5, United States Code. 
Advisory 
"(e) The Office, the Bureau of Justice Assistance, the National 
committees, 
Institute of Justice, and the Bureau of Justice Statistics are author-
establishment. 
J2ed to appoint, without regard to the provisions of title 5, United 
States Ccxie, advisory committees to advise them with respect to the 
administration of this title as they deem necessary. Such commit-
tees shall be subject to the Federal Advisory Committee Act (5 
5 use app. 1. 
U.S.C. App.). Members of such committees not otherwise in the 
employ of the United States, while engaged in advising or attending 
meetings of such committees, shall be compensated at rates to be 
fixed by the Office but not to exceed the daily equivalent of the rate 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2095 
of pay payable from time to time for GS-18 of the General Schedule 
under section 5332 of title 5 of the United States Code, and while 
away from home or regular place of business they may be allowed 
travel expenses, including per diem in lieu of subsistence, in the 
same manner as authorized by section 5703 of such title 5 for 
5 USC 5703. 
persons in the Government service employed intermittently. 
"(0 Payments under this title may be made in installments, and in 
advance or by way of reimbursement, as may be determined by the 
Office, the Bureau of Justice Assistance, the National Institute of 
Justice, or the Bureau of Justice Statistics, and may be used to pay 
the transportation and subsistence expenses of persons attending 
conferences or other assemblages notwithstanding section 1345 of 
title 31, United States Code. 
"(g) The Office, the Bureau of Justice Assistance, the National 
Institute of Justice, and the Bureau of Justice Statistics are author-
ized to accept and employ, in carrying out the provisions of this title, 
voluntary and uncompensated services notwithstanding section 1342 
of title 31, United States Code. Such individuals shall not be consid-
ered Federal employees except for purposes of chapter 81 of title 5, 
United States Code, with respect to job-incurred disability and 
5 USC 8101 et 
title 28, United States Code, with respect to tort claims. 
ol^Wo^ n^n-, 
"TITLE TO PERSONAL PROPERTY 
"SEC. 808. Notwithstanding any other provision of law, title to all 
42 USC 3789. 
expendable and nonexpendable personal property purchased with 
funds made available under this title, including such property pur-
chased with funds made available under this title as in effect before 
the effective date of the Justice Assistance Act of 1984, shall vest in 
Ante, p. 2077. 
the criminal justice agency or nonprofit organization that purchased 
the property if it certifies to the State office described in section 408 
of this title that it will use the property for criminal justice pur- 
Ante, p. 2085. 
poses. If such certification is not made, title to the property shall 
vest in the State office, which shall seek to have the property used 
for criminal justice purposes elsewhere in the State prior to using it 
or disposing of it in any other manner.". 
(h) Section 809, as so redesignated, of part H of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3789d) is amended— 
Ante, p. 2093. 
(1) by amending the heading to read as follows: "Prohibition 
of Federal Control Over State and Local Criminal Justice Agen-
cies; Prohibition of Discrimination", 
(2) by amending subsection (a) to read £is follows: 
"(a) Nothing in this title or any other Act shall be construed to 
authorize any department, agency, officer, or employee of the 
United States to exercise any direction, supervision, or control over 
any police force or any other criminal justice agency of any State or 
any political subdivision thereof.", and 
(3) in subsection (c) by striking out "Office of Justice Assist-
ance, Research, and Statistics" each place it appears and insert-
ing in lieu thereof "Office of Justice Programs". 
(i) Section 810, as so redesignated, of part H of title I of the 
Ante, p. 2093. 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3789e) is amended to read as follows: 
98 STAT. 2096 
PUBLIC LAW 98-473—OCT. 12, 1984 
Ante, p. 2093. 
Ante, p. 2093. 
Repeal. 
42 use 
3781-27890. 
42 u s e 3789h. 
Ante, p. 2093. 
42 u s e 3789Z. 
Ante, p. 2093. 
REPORT TO PRESIDENT AND CONGRESS 
"SEC. 810. Not later than April 1 of each year, the Assistant 
Attorney General, the Director of the Bureau of Justice Assistance, 
the Director of the Bureau of Justice Statistics, and the Director of 
the National Institute of Justice shall each submit a report to the 
President and to the Speaker of the House of Representatives and 
the President of the Senate, on their activities under this title 
during the fiscal year next preceding such date.". 
(j) Section 811, as so redesignated, of part H of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3789f) is amended— 
(1) by striking out "Office of Justice Assistance, Research, and 
Statistics" each place it appears and inserting in lieu thereof 
"Office of Justice Programs", 
(2) by striking out subsection (d), and 
(3) by redesignating subsections (e) and (f) as subsections (d) 
and (e), respectively. 
(k) Section 812, as so redesignated, of part H of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3789g) is amended by striking out "Office of Justice Assistance, 
Research, and Statistics" each place it appears and inserting in lieu 
thereof "Office of Justice Programs". 
(1) Part H of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3781-3789o) is amended by striking out section 
819. 
(m) Section 813, as so redesignated, of part H of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
37891) is amended— 
(1) by striking out subsection (a), and 
(2) in subsection (b) by striking out "(b|'. 
(n) Section 816, as so redesignated, of part H of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
37891) is amended by striking out "Administration" and inserting in 
lieu thereof "Assistant Attorney General". 
(o) Section 819(c), as so redesignated, of part H of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. 1761 
note) is amended— 
(1) by striking out "this section" and inserting in lieu thereof 
"section 1761 of title 18, United States Code, and of the first 
section of the Act of June 30, 1936 (49 Stat. 2036; 41 U.S.C. 35), 
commonly known as the Walsh-Healey Act,", and 
(2) by inserting ", as amended from time to time," after 
"goods". 
DEFINITIONS 
SEC. 609C. (a) Section 901 of part I of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3791) is amended by 
striking out "Administration" each place it appears and inserting in 
lieu thereof "Office". 
(b) Section 901(a) of part I of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended— 
(1) in paragraph (2)— 
(A) by inserting "and" after "Puerto Rico," and 
(B) by striking out ", Guam, American Samoa, the Trust 
Territory of the Pacific Islands, and the Commonwealth of 
the Northern Mariana Islands", 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2097 
(2) in paragraph (3) by inserting ", Guam, American Samoa, 
the Trust Territory of the Pacific Islands, or the Commonwealth 
of the Northern Mariana Islands" after "District of Columbia" 
before the semicolon, 
(3) in paragraph (4)— 
(A) by inserting "renovation, repairs, remodeling," after 
"acquisition,", and 
(B) by striking out ", but does not include renovation, 
repairs, or remodeling", 
(4) in paragraph (7) by striking out "institution or", 
(5) by amending paragraph (8) to read as follows: 
"(8) 'correctional facility project' means a project for the 
construction, replacement, alteration or expansion of a prison 
or jail for the purpose of relieving overcrowding or substandard 
conditions;", and 
(6) by amending paragraph (13) to read as follows: 
"(13) 'cost of construction' means all expenses found by the 
Director to be necessary for the construction of the project, 
including architect and engineering fees, but excluding land 
acquisition costs;". 
FUNDING 
SEC. 609D. (a) Section 1001 of part J of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is 
amended to read as follows: 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 1001. (a)(1) There are authorized to be appropriated for fiscal 
years 1984, 1985, 1986, 1987, and 1988 such sums as may be neces-
sary to carry out the functions of the Bureau of Justice Statistics. 
"(2) There are authorized to be appropriated for fiscal years 1984, 
1985, 1986, 1987, and 1988 such sums as may be necessary to carry 
out the functions of the National Institute of Justice. 
"(3) There is authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1984,1985,1986,1987, and 1988 
to carry out the remaining functions of the Office of Justice Pro-
grams and the Bureau of Justice Assistance, other than functions 
under parts F, G, and L of this title. 
"(4) "There is authorized to be appropriated $25,000,000 for each of 
the fiscal years 1984, 1985, 1986, 1987, and 1988 to carry out part F. 
"(5) There are authorized to be appropriated for each fiscal year 
such sums as may be necessary to carry out part L. 
"(6) Funds appropriated for any fiscal year may remain available 
for obligation until expended. 
"(b) Notwithstanding any other provision of law, no funds appro-
priated under this section for parts D and E of this title may be 
transferred or reprogrammed for carrying out any activity which is 
not authorized under such parts.". 
(b) Part J of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793-3793b) is amended by striking out 
sections 1002 and 1003. 
Ante, pp. 2088, 
2090; post, p. 
2098. 
Prohibition. 
Ante, pp. 2080, 
2086, 2087. 
Repeal. 
42 u s e 3793a, 
3793b. 
CRIMINAL PENALTIES 
SEC. 609E. (a) Section 1101 of part K of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3795) is 
98 STAT. 2098 
PUBLIC LAW 98-473—OCT. 12, 1984 
amended by striking out "Law Enforcement Assistance Administra-
tion" and inserting in lieu thereof "Office of Justice Programs, 
Bureau of Justice Assistance", 
(b) Section 1103 of part K of title I of the Omnibus Crime Control 
42 use 3795b. 
and Safe Streets Act of 1968 (42 U.S.C. 3795-3795b) is amended by 
striking out "Law Enforcement Assistance Administration" and 
inserting in lieu thereof "Office of Justice Programs, Bureau of 
Justice Assistance". 
PUBLIC SAFETY OFFICERS* DEATH BENEFITS 
SEC. 609F. Part L of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796-3796c) is amended to read as 
follows: 
"PART L—PUBLIC SAFETY OFFICERS' DEATH BENEFITS 
"PAYMENTS 
42 use 3796. 
"SEC. 1201. (a) In any case in which the Bureau of Justice Assist-
ance (hereinafter in this part referred to as the 'Bureau') deter-
mines, under regulations issued pursuant to this part, that a public 
safety officer has died as the direct and proximate result of a 
personal injury sustained in the line of duty, the Bureau shall pay a 
benefit of $50,000 as follows: 
"(1) if there is no surviving child of such officer, to the 
surviving spouse of such officer; 
"(2) if there is a surviving child or children and a surviving 
spouse, one-half to the surviving child or children of such officer 
in equal shares and one-half to the surviving spouse; 
"(3) if there is no surviving spouse, to the child or children of 
such officer in equal shares; or 
"(4) if none of the above, to the dependent parent or parents of 
such officer in equal shares. 
"(b) Whenever the Bureau determines upon showing of need and 
prior to final action that the death of a public safety officer is one 
with respect to which a benefit will probably be paid, the Bureau 
may make an interim benefit payment not exceeding $3,000 to the 
individual entitled to receive a benefit under subsection (a) of this 
section. 
"(c) The amount of an interim payment under subsection (b) shall 
be deducted from the amount of any final benefit paid to such 
individual. 
"(d) Where there is no final benefit paid, the recipient of any 
interim payment under subsection (b) shall be liable for repayment 
of such amount. The Bureau may waive all or part of such repay-
ment, considering for this purpose the hardship which would result 
from such repayment. 
"(e) The benefit payable under this part shall be in addition to any 
other benefit that may be due from any other source, except— 
"(1) payments authorized by section 12(k) of the Act of Sep-
tember 1,1916, as amended (D.C. Code, sec. 4-622); or 
"(2) benefits authorized by section 8191 of title 5, United 
States Code. Such beneficiaries shall only receive benefits under 
such section 8191 that are in excess of the benefits received 
under this part. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2099 
"(f) No benefit paid under this part shall be subject to execution or 
Prohibitions. 
attachment. 
LIMITATIONS 
"SEC. 1202. No benefit shall be paid under this part— 
"(1) if the death was caused by the intentional misconduct of 
the public safety officer or by such officer's intention to bring 
about his death; 
"(2) if the public safety officer was voluntarily intoxicated at 
the time of his death; 
"(3) if the public safety officer was performing his duties in a 
grossly negligent manner at the time of his death; 
"(4) to any individual who would otherwise be entitled to a 
benefit under this part if such individual's actions were a 
substantial contributing factor to the death of the public safety 
officer; or 
"(5) to any individual employed in a capacity other than a 
civilian capacity. 
"DEFINITIONS 
"SEC. 1203. As used in this part— 
"(1) 'child' means any natural, illegitimate, adopted, or post-
humous child or stepchild of a deceased public safety officer 
who, at the time of the public safety officer's death, is— 
"(i) 18 years of age or under; 
"(ii) over 18 years of age and a student as defined in 
section 8101 of title 5, United States Code; or 
"(iii) over 18 years of age and incapable of self-support 
because of physical or mental disability; 
"(2) 'dependent' means any individual who was substantially 
reliant for support upon the income of the deceased public 
safety officer; 
"(3) 'firefighter' includes an individual serving as an officially 
recognized or designated member of a legally organized volun-
teer fire department; 
"(4) 'intoxication' means a disturbance of mental or physical 
faculties resulting from the introduction of alcohol into the body 
as evidenced by— 
"(i) a post-mortem blood alcohol level of .20 per centum or 
greater; or 
"(ii) a post-mortem blood alcohol level of at least .10 per 
centum but less than .20 per centum unless the Bureau 
receives convincing evidence that the public safety officer 
was not acting in an intoxicated manner immediately prior 
to his death; 
or resulting from drugs or other substances in the body; 
"(5) 'law enforcement officer' means an individual involved in 
crime and juvenile delinquency control or reduction, or enforce-
ment of the laws, including, but not limited to, police, correc-
tions, probation, parole, and judicial officers; 
"(6) 'public agency' means the United States, any State of the 
United States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands of the United States, Guam, 
American Samoa, the Trust Territory of the Pacific Islands, the 
Commonwealth of the Northern Mariana Islands, and any terri-
tory or possession of the United States, or any unit of local 
42 use 3796a. 
42 use 3796b. 
98 STAT. 2100 
PUBLIC LAW 98-473—OCT. 12, 1984 
government, department, agency, or instrumentality of any of 
the foregoing; and 
"(1) 'public safety officer' means an individual serving a 
public agency in an official capacity, with or without compensa-
tion, as a law enforcement officer or a firefighter. 
Regulations. 
42 u s e 3796c. 
Claims. 
42 u s e 3797. 
Ante, p. 2077. 
42 use 
3701-3797. 
ADMINISTRATIVE PROVISIONS 
"SEC. 1204. (a) The Bureau is authorized to establish such rules, 
regulations, and procedures as may be necessary to carry out the 
purposes of this part. Such rules, regulations, and procedures will be 
determinative of conflict of laws issues arising under this part. 
Rules, regulations, and procedures issued under this part may in-
clude regulations governing the recognition of agents or other per-
sons representing claimants under this part before the Bureau. The 
Bureau may prescribe the maximum fees which may be charged for 
services performed in connection with any claim under this part 
before the Bureau, and any agreement in violation of such rules and 
regulations shall be void. 
"(b) In making determinations under section 1201, the Bureau 
may utilize such administrative and investigative assistance as may 
be available from State and local agencies. Responsibility for 
making final determinations shall rest with the Bureau.". 
TRANSITION 
SEC. 609G. Section 1301 of part M of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3799) is amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" after "(a)", and 
(B) by adding at the end thereof the following new 
paragraph: 
"(2) All orders, determinations, rules, regulations, and instruc-
tions issued under this title which are in effect on the date of the 
enactment of the Justice Assistance Act of 1984 shall continue in 
effect according to their terms until modified, terminated, super-
seded, set aside, or revoked by the President, the Attorney General, 
the Assistant Attorney General, the Director of the Bureau of 
Justice Statistics, the Director of the National Institute of Justice, 
the Administrator of the Office of Juvenile Justice and Delinquency 
Prevention, or the Director of the Bureau of Justice Assistance with 
respect to their functions under this title or by operation of law.", 
(2) by striking out subsection (j), and 
(3) by redesignating subsection (k) as subsection (j). 
TABLE OF CONTENTS 
SEC. 609H. The table of contents of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3701-3799) is 
amended to read as follows: 
"TABLE OF CONTENTS 
"PART A—OFFICE OF JUSTICE PROGRAMS 
"Sec. 101. Establishment of Office of Justice Programs. 
"Sec. 102. Duties and functions of Assistant Attorney General. 
"PART B—NATIONAL INSTITUTE OF JUSTICE 
"Sec. 201. National Institute of Justice. 
"Sec. 202. Establishment, duties, and functions. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2101 
'Sec. 203. Authority for 100 per centum grants. 
"PART C—BUREAU OR JUSTICE STATISTICS 
'Sec. 301. Bureau of Justice Statistics. 
"Sec. 302. Establishment, duties, and functions. 
"Sec. 303. Authority for 100 per centum grants. 
'Sec. 304. Use of data. 
"PART D—BLOCK GRANTS 
"Sec. 401. Establishment of Bureau of Justice Assistance. 
"Sec. 402. Duties and functions of Director. 
"Sec. 403. Description of program. 
"Sec. 404. Eligibility. 
'"Sec. 405. Applications. 
'"Sec. 406. Review of applications. 
'"Sec. 407. Allocation and distribution of funds. 
"Sec. 408. State office. 
"PART E—DISCRETIONARY GRANTS 
"Sec. 501. Purpose. 
"Sec. 502. Percentage of appropriation for discretionary grant program. 
"Sec. 503. Procedure for establishing discretionary programs. 
"Sec. 504. Application requirements. 
"Sec. 505. Criteria for award. 
"Sec. 506. Period for award. 
"PART F—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM 
"Sec. 601. Authority for payments. 
'"Sec. 602. Eligibility. 
"'Sec. 603. Application; approval; payment. 
"Sec. 604. Recapture provisions. 
"Sec. 605. Clearinghouse on the construction and modernization of criminal justice 
facilities. 
"PART G—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL 
"Sec. 701. Training and manpower development. 
"PART H—ADMINISTRATIVE PROVISIONS 
"Sec. 801. Consultation; establishment of rules and regulations. 
"Sec. 802. Notice and hearing on denial or termination of grant. 
"'Sec. 803. Finality of determinations. 
"Sec. 804. Appellate court review. 
"Sec. 805. Del^ation of functions. 
"Sec. 806. Subpoena power; employment of hearing ofHcers; authority to hold 
hearings. 
"Sec. 807. Personnel and administrative authority. 
"Sec. 808. Title to personal property. 
"Sec. 809. Prohibition of Federal control over State and local criminal justice agen-
cies; prohibition of discrimination. 
"Sec. 810. Report to President and Congress. 
"Sec. 811. Recordkeeping requirement. 
"Sec. 812. Confidentiality of information. 
"Sec. 813. Administration of juvenile delinquency programs. 
"Sec. 814. Prohibition of land acquisition. 
"Sec. 815. Prohibition on use of CIA services. 
"Sec. 816. Indian liability waiver. 
"Sec. 817. District of Columbia matching fund source. 
"Sec. 818. Limitation on civil justice matters. 
"Sec. 819. Prison industry enhancement 
"PART I—DEFINITIONS 
"Sec. 901. Definitions. 
"PART J—FUNDING 
"Sec. 1001. Authorization of appropriations. 
98 STAT. 2102 
PUBLIC LAW 98-473—OCT. 12, 1984 
"PART K—CRIMINAL PENALTIES 
"Sec. 1101. Misuse of Federal assistance. 
"Sec. 1102. Falsification or concealment of facts. 
"Sec. 1103. Conspiracy to commit offense against United States. 
"PART L—PUBLIC SAFETY OFFICERS' DEATH BENEFITS 
"Sec. 1201. Payments. 
"Sec. 1202. Limitations. 
"Sec. 1203. Definitions. 
"Sec. 1204. Administrative provisions. 
"PART M—TRANSITION—EFFECTIVE DATE—REPEALER 
"Sec. 1301. Continuation of rules, authorities, and proceedings.". 
REFERENCES IN OTHER LAWS 
42 use 3711 
SEC. 6091. (a) Any reference to the Law Enforcement Assistance 
i^ote- 
Administration, or to the Administrator of the Law Enforcement 
Assistance Administration, in any law other than this Act and the 
42 use 3701 
Omnibus Crime Control and Safe Streets Act of 1968, applicable to 
^°^- 
activities, functions, powers, and duties that after the date of the 
enactment of this Act are carried out by the Bureau of Justice 
Assistance shall be deemed to be a reference to the Bureau of 
Justice Assistance, or to the Director of the Bureau of Justice 
Assistance, as the case may be. 
(b) Any reference to the Office of Justice Assistance, Research, 
and Statistics, or to the Director of the Office of Justice Assistance, 
Research, and Statistics, in any law other than this Act and the 
Omnibus Crime Control and Safe Streets Act of 1968, applicable to 
activities, functions, powers, and duties that after the date of the 
enactment of this Act are carried out by the Office of Justice 
Programs, the Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the National Institute of Justice, or the Office of Juvenile 
Justice Delinquency Prevention shall be deemed to be a reference to 
the Office of Justice Programs, the Bureau of Justice Assistance, the 
Bureau of Justice Statistics, National Institute of Justice, or Office 
of Juvenile Justice Delinquency Prevention, or to the Director of the 
Office of Justice Programs, the Director of the Bureau of Justice 
Assistance, the Director of the Bureau of Justice Statistics, the 
Director of the National Institute of Justice, or the Administrator of 
the Office of Juvenile Justice and Delinquency Prevention, as the 
case may be. 
TECHNICAL AMENDMENTS TO OTHER LAWS 
SEC. 609J. (a) Section 5314 of title 5, United States Code, is 
amended by striking out "Director, Office of Justice Assistance, 
Research, and Statistics.". 
(b) Section 5315 of title 5, United States Code, is amended by 
striking out "Administrator of Law Enforcement Assistance.". 
OFFENSES INVOLVING PRISON-MADE GOODS 
SEC. 609K. (a) Section 1761(c) of title 18, United States Code, is 
amended— 
(1) by striking out "seven" and inserting in lieu thereof 
"twenty", and 
(2) by striking out "Administrator of the Law Enforcement 
Assistance Administration" and inserting in lieu thereof "Di-
rector of the Bureau of Justice Assistance'. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2103 
(b) Section 1761 of title 18, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(d) Notwithstanding any law to the contrary, materials produced 
by convict labor may be used in the construction of any highways or 
portion of highways located on Federal-aid systems, as described in 
section 103 of title 23, United States Code.". 
Highways. 
18 u s e 1028 
note. 
President of U.S. 
FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION 
DOCUMENTS 
SEC. 609L. (a) For purposes of section 1028 of title 18, United 
States Code, to the maximum extent feasible, personal descriptors or 
identifiers utilized in identification documents, as defined in such 
section, shall utilize common descriptive terms and formats de-
signed to— 
(1) reduce the redundancy and duplication of identification 
systems by providing information which can be utilized by the 
maximum number of authorities, and 
(2) facilitate positive identification of bona fide holders of 
identification documents. 
(h) The President shall, no later than 3 years after the date of 
enactment of this Act, and after consultation with Federal, State, 
local, and international issuing authorities, and concerned groups 
make recommnedations to the Congress for the enactment of com-
prehensive legislation on Federal identification systems. Such legis-
lation shall— 
(1) give due consideration to protecting the privacy of persons 
who are the subject of any identification system, 
(2) recommend appropriate civil and criminal sanctions for 
the misuse or unauthorized disclosure of personal identification 
information, and 
(3) make recommendations providing for the exchange of 
personal identification information as authorized by Federal or 
State law or Executive order of the President or the chief 
executive officer of any of the several States. 
Subtitle B—Emergency Federal Law Enforcement Assistance 
Application 
SEC. 609M. (a) In the event that a law enforcement emergency 
42 use 10501. 
exists throughout a State or a part of a State, a State (on behalf of 
itself or another appropriate unit of government) may submit an 
application under this section for Federal law 
enforcement 
assistance. 
(b) An application for sissistance under this section shall be sub-
mitted in writing by the chief executive officer of a State to the 
Attorney General, in a form prescribed by rules issued by the 
Attorney General. The Attorney General shall, after consultation 
with the Director of the Office of Justice Assistance and appropriate 
members of the Federal law enforcement community, approve or 
disapprove such application not later than 10 days after receiving 
such application. 
(c) Federal law enforcement assistance may be provided if such 
assistance is necessary to provide an adequate response to a law 
enforcement emergency. In determining whether to approve or 
disapprove an application for assistance under this section, the 
Attorney General shall consider— 
98 STAT. 2104 
PUBLIC LAW 98-473—OCT. 12, 1984 
(1) the nature and extent of such emergency throughout a 
State or in any part of a State, 
(2) the situation or extraordinary circumstances which pro-
duced such emergency, 
(3) the availability of State and local criminal justice 
resources to resolve the problem, 
(4) the cost associated with the increased Federal presence, 
(5) the need to avoid unnecessary Federal involvement and 
intervention in matters primarily of State and local concern, 
and 
(6) any assistance which the State or other appropriate unit of 
government has received, or could receive, under any provision 
of title I of the Omnibus Crime Control and Safe Streets Act of 
42 use 3701. 
1968. 
DEFINITIONS 
42 use 10502. 
SEC. 609N. For purposes of this subdivision— 
(1) the term "Federal law enforcement assistance" means 
funds, equipment, training, intelligence information, 
and 
personnel, 
(2) the term "Federal law enforcement community" means 
the heads of the following departments or agencies: 
(A) the Federal Bureau of Investigation, 
(B) the Drug Enforcement Administration, 
(C) the Criminal Division of the Department of Justice, 
(D) the Internal Revenue Service, 
(E) the Customs Service, 
(F) the Immigration and Naturalization Service, 
(G) the United States Marshals Service, 
(H) the National Park Service, 
(I) the United States Postal Service, 
(J) the Secret Service, 
(K) the Coast Guard, 
(L) the Bureau of Alcohol, Tobacco, and Firearms, and 
(M) other Federal agencies with specific statutory author-
ity to investigate violations of Federal criminal laws, 
(3) the term "law enforcement emergency" means an uncom-
mon situation which requires law enforcement, which is or 
threatens to become of serious or epidemic proportions, and 
with respect to which State and local resources are inadequate 
to protect the lives and property of citizens or to enforce the 
criminal law, except that such term does not include— 
(A) the perceived need for planning or other activities 
related to crowd control for general public safety projects, 
or 
(B) a situation requiring the enforcement of laws associ-
ated with scheduled public events, including political con-
ventions and sports events, and 
(4) the term "State" means any State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Trust Territory of 
the Pacific Islands, or the Commonwealth of the Northern 
Mariana Islands. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2105 
LIMITATION ON AUTHORITY 
SEC. 609O. (a) Nothing in this subdivision authorizes the use of 
Federal law enforcement personnel to investigate violations of 
criminal law other than violations with respect to which investiga-
tion is authorized by other provisions of law. 
(b) Nothing in this subdivision shall be construed to authorize the 
Attorney General or the Federal law enforcement community to 
exercise any direction, supervision, or control over any police force 
or other criminal justice agency of an applicant for Federal law 
enforcement assistance. 
(c) Nothing in this subdivision shall be construed to authorize the 
Attorney General or the Federal law enforcement community— 
(1) to condition the availability or amount of Federal law 
enforcement assistance upon the adoption by an applicant for 
such assistance of, or 
(2) to deny or discontinue such assistance upon the failure of 
such applicant to adopt, 
a percentage ratio, quota system, or other program to achieve racial 
balance in any criminal justice agency of such applicant. 
(d) No funds provided under this subdivision may be used to 
supplant State or local funds that would otherwise be made avail-
able for such purposes. 
(e) Nothing in this subdivision shall be construed to limit any 
authority to provide emergency assistance otherwise provided by 
law. 
PROHIBITION OF DISCRIMINATION 
SEC. 609P. (a) No person in any State shall, on the ground of race, 
color, religion, national origin, or sex, be excluded from participa-
tion in, be denied the benefits of, be subjected to discrimination 
under, or be denied employment in connection with any activity for 
which Federal law enforcement assistance is provided under this 
subdivision. 
(b) Paragraph (3) and paragraph (4) of section 809(c) of part H of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as 
so redesignated by section 511(f) of this Act) shall apply with respect 
to a violation of subsection (a), except that the terms "this section" 
and "paragraph (1)", as such terms appear in such paragraphs, shall 
be deemed to be references to subsection (a) of this section, and a 
reference to the Office of Justice Programs in such paragraphs shall 
be deemed to be a reference to the Attorney General. 
Law 
enforcement. 
42 u s e 10503. 
Disaster 
assistance. 
42 u s e 10504. 
Ante, pp. 2093. 
CONFIDENTIALITY OF INFORMATION 
SEC. 609Q. Section 812 of part H of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (as so redesignated by section 
511(f) of this Act) shall apply with respect to— 
(1) information furnished under this subdivision, 
(2) criminal history information collected, stored, or dissemi-
nated with the support of Federal law enforcement assistance 
provided under this subdivision, and 
(3) criminal intelligence systems operating with the support of 
Federal law enforcement 
assistance provided under 
this 
subdivision, 
except that the terms "this title" and "this section", as such terms 
appear in such section 812, shall be deemed to be references to this 
42 u s e 10505. 
Ante, pp. 2093, 
2096. 
93 Stat. 1213. 
42 u s e 3789g. 
98 STAT. 2106 
PUBLIC LAW 98-473—OCT. 12, 1984 
Ante, pp. 2093, 
2096. 
42 u s e 10506. 
42 u s e 10507. 
Claims. 
42 u s e 10508. 
Audit. 
42 u s e 10509. 
42 u s e 10510. 
subdivision and this section, respectively, of this Act, and a refer-
ence to the Office of Justice Programs in such section 812 shall be 
deemed to be a reference to the Attorney General. 
PROHIBITION OF LAND ACQUISITION 
SEC. 609R. No funds provided under this subdivision shall be used 
for land acquisition. 
REPAYMENT 
SEC. 609S. (a) If Federal law enforcement assistance provided 
under this subdivision is used by the recipient of such assistance in 
violation of section 554 or for any purpose other than the purpose 
for which it is provided, then such recipient shall promptly repay to 
the Attorney General an amount equal to the value of such 
assistance. 
(b) The Attorney General may bring a civil action in an appropri-
ate United States district court to recover any amount required to 
be repaid under subsection (a). 
RECORDKEEPING REQUIREMENT 
SEC. 609T. (a) Each recipient of Federal law enforcement assist-
ance provided under this subdivision shall keep such records as the 
Attorney General may prescribe to facilitate an effective audit. 
(b) The Attorney General and the Comptroller General of the 
United States shall have access, for the purpose of audit and exami-
nation, to any books, documents, and records of recipients of Federal 
law enforcement assistance provided under this subdivision which, 
in the opinion of the Attorney General or the Comptroller General, 
are related to the receipt or use of such assistance. 
REPORT TO CONGRESS 
SEC. 609U. Not later than April 1 of each year, the Attorney 
General shall submit to the President, to the Speaker of the House 
of Representatives, and to the President of the Senate a report 
describing Federal law enforcement assistance provided under this 
subdivision during the calendar year preceding the date such report 
is made. 
BUREAU OF JUSTICE ASSISTANCE 
SEC. 609V. The Director of the Bureau of Justice Assistance may 
assist the Attorney General in providing Federal law enforcement 
assistance under this subdivision and in coordinating the activities 
authorized under this subdivision. 
LIMITATION ON CIVIL JUSTICE MATTERS 
42 use 10511. 
SEC. 609W. Federal law enforcement assistance provided under 
this subdivision may not be used with respect to civil justice matters 
except to the extent that such civil justice matters bear directly and 
substantially upon criminal justice matters or are inextricably 
intertwined with criminal justice matters. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2107 
ISSUANCE OF RULES 
SEC. 609X. The Attorney General, after consultation with appro-
priate members of the law enforcement community and with State 
and local officials, shall issue rules to carry out this subdivision. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 609Y.(a) There is authorized to be appropriated $20,000,000 
for each fiscal year ending after September 30, 1984, to provide 
under this subdivision Federal law enforcement assistance in the 
form of funds. 
03) There are authorized to be appropriated for each fiscal year 
ending after September 30, 1984, such sums as may be necessary to 
provide under this subdivision Federal law enforcement assistance 
other than funds. 
Subtitle C—Conforming Amendment; Effective Dates 
REPEALER 
SEC. 609Z. Section 204 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act 
(Public Law 98-411) is repealed. 
EFFECTIVE DATES 
SEC. 609AA. (a) Except as provided in subsection (h), this division 
and the amendments made by this title shall take effect on the date 
of the enactment of this joint resolution or October 1, 1984, which-
ever is later. 
(b)il) The amendment made by section 609F shall take effect on 
October 1, 1984, and shall not apply with respect to injuries sus-
tained before October 1,1984. 
(2) Section 609Z shall take effect on October 1,1984. 
DIVISION II—AMENDMENTS TO THE JUVENILE JUSTICE 
AND DELINQUENCY PREVENTION ACT OF 1974 
Subdivision A—General Provisions 
SHORT TITLE 
SEC. 610. This Division may be cited as the "Juvenile Justice, 
Runaway Youth, and Missing Children's Act Amendments of 1984", 
FINDINGS 
SEC. 611. Section 101(a) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking out "account" and inserting-in lieu thereof 
"accounted", and 
(B) by striking out "today" and inserting in lieu thereof 
"in 1974 and for less than one-third of such arrests in 1983", 
(2) in paragraph (2) by inserting "and inadequately trained 
staff in such courts, services, and facilities" after "facilities", 
(3) in paragraph (3) by striking out "the countless, abandoned, 
and dependent", and 
42 u s e 10512. 
42 u s e 10513. 
42 use 
3796-3796b, 
3796 note. 
Ante, p. 1561. 
42 u s e 3711 
note. 
Juvenile Justice, 
Runaway Youth, 
and Missing 
ehildren's Act 
Amendments of 
1984, 
42 u s e 5601 
note. 
98 STAT. 2108 
PUBLIC LAW 98-473—OCT. 12, 1984 
(4) in paragraph (5) by striking out "prevented" and inserting 
in lieu thereof "reduced". 
PURPOSE 
SEC. 612. Section 102(a) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5602(a)) is amended— 
(1) in paragraph (1) by striking out "prompt" and inserting in 
lieu thereof "ongoing", 
(2) in paragraph (4) by striking out "an information clearing-
house to disseminate" and inserting in lieu thereof "the dis-
semination of", and 
(3) in paragraph (7) by inserting "and homeless" after 
"runaway". 
DEFINITIONS 
SEC. 613. Section 103 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5603) is amended— 
(1) in paragraph (3)— 
(A) by striking out "for neglected, abandoned, or depend-
ent youth and other youth", and 
(B) by inserting "juvenile" after "prevent", 
(2) in paragraph (4) by amending subparagraphs (A) and (B) to 
read as follows: 
"(A) the term 'Bureau of Justice Assistance' means the 
bureau established by section 401 of the Omnibus Crime Control 
Ante, p. 2080. 
and Safe Streets Act of 1968; 
"(B) the term 'Office of Justice Programs' means the office 
established by section 101 of the Omnibus Crime Control and 
Ante, p. 2078. 
Safe Streets Act of 1968;", 
(3) in paragraph (6) by striking out "services," and inserting 
in lieu thereof "services),", 
(4) in paragraph (14)— 
(A) by inserting "or other sex offenses punishable as a 
felony" after "rape", and 
(B) by striking out "and" at the end thereof, 
(5) in paragraph (15) by striking out the period at the end 
thereof and inserting in lieu thereof "; and", and 
(6) by adding at the end thereof the following new paragraph: 
"(16) the term 'valid court order' means a court order given by 
a juvenile court judge to a juvenile who has been brought before 
the court and made subject to a court order. The use of the word 
'valid' permits the incarceration of juveniles for violation of a 
valid court order only if they received their full due process 
rights as guaranteed by the Constitution of the United States.". 
Subdivision B—Juvenile Justice and Delinquency Prevention 
OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
SEC. 620. Section 201 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611) is amended to read: 
"ESTABLISHMENT OF OFFICE 
"SEC. 201. (a) There is hereby established an Office of Juvenile 
Justice and Delinquency Prevention (hereinafter in this division 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2109 
referred to as the 'Office') within the Department of Justice under 
the general authority of the Attorney General. 
"(b) The Office shall be headed by an Administrator (hereinafter 
in this title referred to as the 'Administrator') appointed by the 
President, by and with the advice and consent of the Senate, from 
among individuals who have had experience in juvenile justice 
programs. The Administrator is authorized to prescribe regulations 
consistent with this Act to award, administer, modify, extend, termi-
nate, monitor, evaluate, reject, or deny all grants and contracts 
from, and applications for, funds made available under this title. 
The Administrator shall report to the Attorney General through the 
Assistant Attorney General who heads the Office of Justice Pro-
grams under part A of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968. 
Ante, p. 2077. 
"(c) There shall be in the Office a Deputy Administrator who shall 
be appointed by the Attorney General and whose function shall be 
to supervise and direct the National Institute for Juvenile Justice 
and Delinquency Prevention established by section 241 of this Act. 
42 USC 5651. 
The Deputy Administrator shall also perform such functions as the 
Administrator may from time to time assign or delegate and shall 
act as the Administrator during the absence or disability of the 
Administrator.''. 
TECHNICAL AMENDMENTS 
SEC. 621. (a) Section 202(a) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5612(a)) is amended by striking out 
"him" and inserting in lieu thereof "the Administrator". 
(b) Section 202(c) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5612(c)) is amended— 
(1) by striking out "him" and inserting in lieu thereof "the 
Administrator", and 
(2) by striking out "his functions" and inserting in lieu 
thereof "the functions of the Administrator". 
CONCENTRATION OF FEDERAL EFFORTS 
SEC. 622. (a) Section 204(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5614(a)) is amended by 
striking out "his functions" and inserting in lieu thereof "the 
functions of the Administrator". 
(b) Section 204(b) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5614(b)) is amended— 
(1) in paragraph (2) by striking out "he" and inserting in lieu 
thereof "the Administrator", 
(2) in paragraph (4) by striking out "he" and inserting in lieu 
thereof "the Administrator", 
(3) in paragraph (5) by striking out "and", 
(4) in paragraph (6) by striking out the period and inserting in 
lieu thereof "; and", and 
(5) by inserting after paragraph (6) the following new 
paragraph: 
"(7) provide for the auditing of monitoring systems required 
under section 223(a)(15) to review the adequacy of such 
42 USC 5633. 
systems.". 
98 STAT. 2110 
PUBLIC LAW 98-473—OCT. 12, 1984 
(c) Section 204(e) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5614(e)) is amended by striking out 
"subsection CI')" and inserting in lieu thereof "subsection (1)". 
(d) Section 204(f) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5614(f)) is amended— 
(1) by striking out "him" and inserting in lieu thereof "the 
Administrator", and 
(2) by striking out "he" and inserting in lieu thereof "the 
Administrator". 
(e) Section 204(g) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5614(g)) is amended by striking out 
"his functions" and inserting in lieu thereof "the functions of the 
Administrator". 
(f) Section 204(i) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5614(i)) is amended— 
(1) by striking out "title" and inserting in lieu thereof "sec-
tion", and 
(2) by striking out "he" and inserting in lieu thereof "the 
Administrator". 
(g) Section 204(1) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5614(1)) is amended— 
(1) in paragraph (1)— 
(A) by striking out "section 204(d)(1)" and inserting in 
lieu thereof "subsection (d)(1)", and 
(B) by striking out "section 204(f)" and inserting in lieu 
thereof "subsection (f)", 
(2) in paragraph (2)— 
(A) by striking out "subsection CI')" and inserting in lieii 
thereof "paragraph (1)", and 
(B) by striking out "section 204(e)" each place it appears 
and inserting in lieu thereof "subsection (e)", and 
(3) in paragraph (3)— 
(A) by striking out "him" and inserting in lieu thereof 
"the Administrator", and 
(B) by striking out "subsection CI')" and inserting in lieu 
thereof "paragraph (1)". 
COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
PREVENTION 
SEC. 623. (a) Section 206(a)(1) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended— 
(1) by striking out "Community Services Administration" and 
inserting in lieu thereof "Office of Community Services", 
(2) by striking out "Director of the Office of Justice Assist-
ance, Research, and Statistics," and inserting in lieu thereof 
"Assistant Attorney General who heads the Office of Justice 
Programs,", and 
(3) by striking out "Administrator of the Law Enforcement 
Assistance Administration" and inserting in lieu thereof 
"Director of the Bureau of Justice Assistance". 
(b) Section 206(c) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5616(c)) is amended by striking out 
"deliquency programs" and inserting in lieu thereof "delinquency 
programs and, in consultation with the Advisory Board on Missing 
Children, all Federal programs relating to missing and exploited 
children". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2111 
(c) Section 206(e) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5616(e)) is amended by striking out "he" 
and inserting in lieu thereof "the Administrator". 
(d) Section 206(g) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5616(g)) is amended by striking out 
"$500,000" and insert in lieu thereof "$200,000". 
NATIONAL ADVISORY COMMITTEE FOR JUVENILE JUSTICE AND 
DELINQUENCY PREVENTION 
SEC. 624. Section 207 of the Juvenile Justice and Delinquency 
Repeal. 
Prevention Act of 1974 (42 U.S.C. 5617(a)) is repealed. 
42 use 5617. 
TECHNICAL AMENDMENTS 
SEC. 625. (a) The Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after the 
heading for subpart I of part B of title II the following new heading 
for section 221: 
42 USC 5631. 
"AUTHORITY TO MAKE GRANTS". 
(b) Section 222(b) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5632(b)) is amended— 
(1) by striking out "and the Trust Territory" and inserting in 
lieu thereof "the Trust Territory", and 
(2) by inserting ", and the Commonwealth of the Northern 
Mariana Islands" after "Pacific Islands". 
STATE PLANS 
SEC. 626. (a) Section 223(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended— 
(1) by amending paragraph (1) to read as follows: 
"(1) designate the State agency described in section 261(c)(1) 
42 USC 5671. 
as the sole agency for supervising the preparation and adminis-
tration of the plan;", 
(2) in paragraph (2) by striking out "(hereafter referred to in 
this part as the 'State criminal justice council')", 
(3) in paragraph (3)— 
(A) by amending subparagraph (C) to read as follows: "(C) 
which shall include (i) representatives of private organiza-
tions, including those with a special focus on maintaining 
and strengthening the family unit, those representing par-
ents or parent groups, those concerned with delinquency 
prevention and treatment and with neglected or dependent 
children, and those concerned with the quality of juvenile 
justice, education, or social services for children; (ii) repre-
sentatives of organizations which utilize volunteers to work 
with delinquents or potential delinquents; (iii) representa-
tives of community based delinquency prevention or treat-
ment programs; (iv) representatives of business groups or 
businesses employing youth; (v) youth workers involved 
with alternative youth programs; and (vi) persons with 
special experience and competence in addressing the prob-
lems of the family, school violence and vandalism, and 
learning disabilities,", and 
(B) in subparagraph (F)— 
98 STAT. 2112 
PUBLIC LAW 98-473—OCT. 12, 1984 
(i) by striking out "State criminal justice council" 
each place it appears and inserting in lieu thereof 
"State agency designated under paragraph (1)", 
(ii) in clause (ii) bv striking out "paragraph (12)(A) 
and paragraph (13)' and inserting in lieu thereof 
"paragraphs (12), (13), and (14)", and 
(iii) in clause (iv)— 
(I) by striking out "paragraph (12)(A) and para-
graph (13)" and inserting in lieu thereof "para-
graphs (12), (13), and (14)", and 
(II) by striking out "in advising on the State's 
maintenance of effort under section 1002 of the 
Omnibus Crime Control and Safe Streets Act of 
1968, as amended,", 
(4) in paragraph (9) by inserting "special education," after 
"education,", 
(5) In paragraph (10)^-
(A) in the matter preceding subparagraph (A)— 
(i) by striking out "programs for juveniles" and 
inserting in lieu thereof "programs for juveniles, in-
cluding those 
processed 
in 
the criminal 
justice 
system,", and 
(ii) bv striking out "and provide for effective rehabili-
tation' and inserting in lieu thereof "provide for effec-
tive rehabilitation, and facilitate the coordination of 
services between the juvenile justice and criminal jus-
tice systems", 
(B) in subparagraph (E) by inserting ", including pro-
grams to counsel delinquent youth and other youth 
regarding the opportunities which education provides" 
before the semicolon at the end thereof, 
(C) in subparagraph (F) by inserting "and their families" 
before the semicolon at the end thereof, 
(D) in subparagraph (H)— 
(i) by amending clause (iii) to read as follows: 
"(iii) establish and adopt, based on the recommenda-
tions of the National Advisory Committee for Juvenile 
Justice and Delinquency Prevention made before the 
date of the enactment of the Juvenile Justice, Runaway 
Youth, and Missing Children's Act Amendments of 
Ante, p. 2107. 
1984, standards for the improvement of juvenile justice 
within the State;", 
(ii) in clause (iv) by inserting "or" at the end thereof, 
and 
(iii) by adding at the end thereof the following new 
clause: 
"(v) involve parents and other family members in 
addressing 
the 
delinquency-related 
problems 
of 
juveniles;", 
(E) in subparagraph (I) by striking out "and" at the end 
thereof, 
(F) in subparagraph (J) by striking out "juvenile gangs 
and their members' and inserting in lieu thereof "gangs 
whose membership is substantially composed of juveniles", 
and 
(G) by adding at the end thereof the following new sub-
paragraphs: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2113 
"(K) programs and projects designed to provide for the 
treatment of juveniles' dependence on or abuse of alcohol or 
other addictive or nonaddictive drugs; and 
"(L) 
law-related 
education 
programs 
and 
projects 
designed to prevent juvenile delinquency;", 
(6) by amending paragraph (14) to read as follows: 
"(14) provide that, beginning after the five-year period follow-
ing December 8, 1980, no juvenile shall be detained or confined 
in any jail or lockup for adults, except that the Administrator 
shall, through 1989, promulgate regulations which make excep-
tions with regard to the detention of juveniles accused of non-
status offenses who are awaiting an initial court appearance 
pursuant to an enforceable State law requiring such appear-
ances within twenty-four hours after being taken into custody 
(excluding weekends and holidays) provided that such excep-
tions are limited to areas which— 
"(i) are outside a Standard Metropolitan Statistical Area, 
"(ii) have no existing acceptable alternative placement 
available, and 
"(iii) are in compliance with the provisions of paragraph 
(13).", 
(7) in paragraph (18)— 
(A) by striking out "arrangements are made" and insert-
ing in lieu thereof "arrangements shall be made", 
(B) by striking out "Act. Such" and inserting in lieu 
thereof "Act and shall provide for the terms and conditions 
of such protective arrangements established pursuant to 
this section, and such", 
(C) in subparagraph (D) by inserting "and" at the end 
thereof, 
(D) in subparagraph (E) by striking out the period at the 
end thereof and inserting in lieu thereof a semicolon, and 
(E) by striking out the last sentence of such paragraph, 
(8) in paragraph (21) by striking out "State criminal justice 
council" and inserting in lieu thereof "State agency designated 
under paragraph (1)", 
(9) in the matter following paragraph (22) by striking out the 
first sentence, 
(10) by striking out the last sentence thereof, 
(11) by redesignating paragraphs (17), (18), (19), (20), (21), and 
(22) as paragraphs (18), (19), (20), (21), (22), and (23), respectively, 
and 
(12) by inserting after paragraph (16) the following new 
paragraph: 
"(17) provide assurance that consideration will be given to 
and that assistance will be available for approaches designed to 
strengthen and maintain the family units of delinquent and 
other youth to prevent juvenile delinquency. Such approaches 
should include the involvement of grandparents or other ex-
tended family members when possible and appropriate;", 
(b) Section 223(b) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5633(b)) is amended— 
(1) by striking out "State criminal justice council designated 
pursuant to section 223(a)" and inserting in lieu thereof "State 
agency designated under subsection (a)(1)", and 
(2) by striking out "section 223(a)" and inserting in lieu 
thereof "subsection (a)". 
Drugs and drug 
abuse. 
Education. 
98 STAT. 2114 
PUBLIC LAW 98-473—OCT. 12, 1984 
Crimes and 
misdemeanors. 
Education. 
Schools and 
colleges. 
Education. 
(c) The last sentence of section 223(c) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended 
by striking out "not to exceed 2 additional years" and inserting in 
lieu thereof "not to exceed 3 additional years". 
(d) Section 223(d) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5633(d)) is amended by striking out 
"sections 803, 804, and 805" and inserting in lieu thereof "sections 
802, 803, and 804". 
GRANTS AND CONTRACTS 
SEC. 627. Section 224 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5634) is amended to read as 
follows: 
"AUTHORITY TO MAKE GRANTS AND CONTRACTS 
"SEC. 224. (a) From not less than 15 percent, but not more than 25 
percent, of the funds appropriated for a fiscal year to carry out this 
part, the Administrator shall, by making grants to and entering into 
contracts with public and private nonprofit agencies, organizations, 
institutions, or individuals provide for each of the following during 
each fiscal year: 
"(1) developing and maintaining community-based alterna-
tives to traditional forms of institutionalization of juvenile 
offenders; 
"(2) developing and implementing effective means of diverting 
juveniles from the traditional juvenile justice and correctional 
system, including restitution and reconciliation projects which 
test and validate selected arbitration models, such as neighbor-
hood courts or panels, and increase victim satisfaction while 
providing alternatives to incarceration for detained or adjudi-
cated delinquents; 
"(3) developing and supporting programs stressing advocacy 
activities aimed at improving services to youth impacted by the 
juvenile justice system, including services which encourage the 
improvement of due process available to juveniles in the juve-
nile justice system; 
"(4) developing model programs to strengthen and maintain 
the family 
unit in order to prevent or treat juvenile 
delinquency; 
"(5) developing and implementing special emphasis preven-
tion and treatment programs relating to juveniles who commit 
serious crimes (including such crimes committed in schools), 
including programs designed to deter involvement in illegal 
activities or to promote involvement in lawful activities oh the 
part of gangs whose membership is substantially composed of 
juveniles; and 
"(6) developing and implementing further a coordinated, na-
tional law-related education program of delinquency preven-
tion, including training programs for persons responsible for the 
implementation of law-related education programs in elemen-
tary and secondary schools. 
"(b) From any special emphasis funds remaining available after 
grants and contracts are made under subsection (a), but not to 
exceed 10 percent of the funds appropriated for a fiscal year to carry 
out this part, the Administrator is authorized, by making grants to 
and entering into contracts with public and private nonprofit agen-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2115 
cies, organizations, institutions, or individuals, to develop and imple-
ment new approaches, techniques, and methods designed to— 
"(1) improve the capability of public and private agencies and 
organizations to provide services for delinquents and other 
youth to help prevent juvenile delinquency; 
"(2) develop and implement, in coordination with the Secre-
tary of Education, model programs and methods to keep 
students in elementary and secondary schools, to prevent un-
warranted and arbitrary suspensions and expulsions, and to 
encourage new approaches and techniques with respect to the 
prevention of school violence and vandalism; 
"(3) develop, implement, and support, in conjunction with the 
Secretary of Labor, other public and private agencies and orga-
nizations and business and industry programs for youth 
employment; 
"(4) develop and support programs designed to encourage and 
enable State legislatures to consider and further the purposes of 
this title, both by amending State laws if necessary, and devot-
ing greater resources to those purposes; 
"(5) develop and implement programs relating to juvenile 
delinquency and learning disabilities, including on-the-job train-
ing programs to assist law enforcement personnel and juvenile 
justice personnel to more effectively recognize and provide for 
learning disabled and other handicapped juveniles; 
"(6) develop statewide programs through the use of subsidies 
or other financial incentives designed to— 
"(A) remove juveniles from jails and lockups for adults; 
"(B) replicate juvenile programs designated as exemplary 
by the National Institute of Justice; or 
"(C) establish and adopt, based upon the recommenda-
tions of the National Advisory Committee for Juvenile 
Justice and Delinquency Prevention made before the date 
of the enactment of the Juvenile Justice, Runaway Youth, 
and Missing Children's Act Amendments of 1984, standards 
Ante, p. 2107. 
for the improvement of juvenile justice within each State 
involved; 
"(7) develop and implement model programs, relating to the 
special education needs of delinquent and other youth, which 
develop locally coordinated policies and programs among educa-
tion, juvenile justice, and social service agencies. 
"(c) Not less than 30 percent of the funds available for grants and 
contracts under this section shall be available for grants to and 
contracts with private nonprofit agencies, organizations, or institu-
tions which have had experience in dealing with youth. 
"(d) Assistance provided under this section shall be available on 
an equitable basis to deal with female, minority, and disadvantaged 
youth, including mentally, emotionally, or physically handicapped 
youth. 
"(e) Not less than 5 percent of the funds available for grants and 
contracts under this section shall be available for grants and con-
tracts designed to address the special needs and problems of juvenile 
delinquency in the Virgin Islands, Guam, American Samoa, the 
Trust Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands.". 
Women. 
Minorities. 
Disadvantaged 
persons. 
98 STAT. 2116 
PUBLIC LAW 98-473—OCT. 12, 1984 
Grants. 
Contracts. 
Ante, p. 2107. 
Ante, p. 2114, 42 
u s e 5651. 
Federal 
Register, 
publication. 
Public 
availability. 
Post, p. 2119. 
APPROVAL OF APPLICATIONS 
SEC. 628. (a) Section 225(b) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5635(b)) is amended— 
(1) in paragraph (2) by inserting "(such purpose or purposes 
shall be specifically identified in such application)" before the 
semicolon, 
(2) in paragraph (5) by striking out ", when appropriate," and 
inserting in lieu thereof "(if such State or local agency exists)", 
(3) in paragraph (6) by striking out ", when appropriate", and 
(4) in paragraph (8) by striking out "indicate" and inserting in 
lieu thereof "attach a copy of. 
(b) Section 225(c) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5635(c)) is amended— 
(1) by inserting "and for contracts" after "for grants", 
(2) in paragraph (4) by striking out "delinquents and other 
youth to help prevent delinquency" and inserting in lieu thereof 
"address juvenile 
delinquency 
and 
juvenile 
delinquency 
prevention ', 
(3) in paragraph (5) by inserting "and" at the end thereof, 
(4) by striking out paragraph (6), and 
(5) by redesignating paragraph (7) as paragraph (6). 
(c) Section 225 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5635) is amended— 
(1) by redesignating subsection (d) as subsection (e), and 
(2) inserting after subsection (c) the following new subsection: 
"(d)(1)(A) Except as provided in subparagraph (B) new programs 
selected after the effective date of the Juvenile Justice, Runaway 
Youth, and Missing Children's Act Amendments of 1984 for assist-
ance through grants or contracts under section 224 or part C of this 
title shall be selected through a competitive process to be estab-
lished by rule by the Administrator. As part of such process, the 
Administrator shall announce in the Federal Register the availabil-
ity of funds for such assistance, the general criteria applicable to the 
selection of applicants to receive such assistance, and a description 
of the procedures applicable to submitting and reviewing applica-
tions for such assistance. 
"(B) The competitive process described in subparagraph (A) shall 
not be required i
f
— 
"(i) the Administrator has made a written determination that 
the proposed program is not within the scope of any program 
announcement or any announcement expected to be issued, but 
can otherwise be supported by a grant or contract in accordance 
with section 224 or part C of this title, and if the proposed 
program is of such outstanding merit, as determined through 
peer review conducted under paragraph (2), that the award of a 
grant or contract without competition is justified; or 
"(ii) the Administrator makes a written determination, which 
shall include the factual and other bases thereof, that the 
applicant is uniquely qualified to provide proposed training 
services as provided in section 244, and other qualified sources 
are not capable of carrying out the proposed program. 
"(C) In each case where a program is selected for assistance 
without competition pursuant to the exception provided in subpara-
graph (B), the Administrator shall promptly so notify the chairman 
of the Committee on Education and Labor of the House of Repre-
sentatives and the chairman of the Committee on the Judiciary of 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT, 2117 
the Senate. Such notification shall include copies of the Administra-
tor's determination under clause (i) or clause (ii) of such subpara-
graph and the peer review determination required under paragraph (2). 
"(2) New programs selected after the effective date of the Juvenile 
Justice, Runaway Youth, and Missing Children's Act Amendments 
of 1984 for assistance through grants or contracts under section 224 Ante, pp. 2107, 
shall be reviewed before selection and thereafter as appropriate 2114. 
through a formal peer review process utilizing experts (other than 
officers and employees of the Department of Justice) in fields related 
to the subject matter of the proposed program. Such process shall be 
established by the Administrator in consultation with the Directors 
and other appropriate officials of the National Science Foundation 
and the National Institute of Mental Health. Before implementa- Report. 
tion, the Administrator shall submit such process to such Directors, 
each of whom shall prepare and furnish to the chairman of the 
Committee on Education and Labor of the House of Representatives 
and the chairman of the Committee on the Judiciary of the Senate a 
final report containing their comments on such process as proposed 
to be established. 
"(3) The Administrator, in establishing the processes required 
under paragraphs (1) and (2), shall provide for emergency expedited 
consideration of program proposals when necessary to avoid any 
delay which would preclude carrying out the program.". 
(d) Section 225 of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5035) is amended by adding at the end 42 use 5635. 
thereof the following new subsection: 
"(0 Notification of grants and contracts made under section 224 Ante, p. 2114. 
(and the applications submitted for such grants and contracts) shall, 
upon being made, be transmitted by the Administrator, to the 
chairman of the Committee on Education and Labor of the House of 
Representatives and the chairman of the Committee on the Judici-
ary of the Senate.". 
USE OF FUNDS 
SEC. 629. Section 227(c) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5637(c)) is amended by striking out 
"section 224(aX7)" each place it appears and inserting in lieu thereof 
"section 224(aX3)". 
PAYMENTS 
SEC. 630. (a) Section 228(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5638(a)) is amended by 
striking out "he" and inserting in lieu thereof "the Administrator". 
(b) Section 228(d) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5638(d)) is amended by striking out "he" 
and inserting in lieu thereof "the Administrator". 
(c) Section 228(e) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5638(e)) is amended— 
(1) by striking out "him" and inserting in lieu thereof "the 
Administrator", 
(2) by striking out "section 803" and inserting in lieu thereof 
"section 802", and 
(3) by striking out "section 224(aX5)" and inserting in lieu 
thereof "section 224(bX6)". 
98 STAT. 2118 
PUBLIC LAW 98-473—OCT. 12, 1984 
NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY 
PREVENTION 
SEC. 631. (a) The Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after the 
heading for part C of title II the following new heading for sec-
42 use 5651. 
tion 241: 
" E S T A B L I S H M E N T O F N A T I O N A L INSTITUTE FOR JUVENILE JUSTICE AND 
DELINQUENCY PREVENTION". 
(b) Section 241(b) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5651(b)) is amended by striking out 
"section 201(f)" and inserting in lieu thereof "section 201(c)". 
(c) Section 241(d) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5651(d)) is amended to read as follows: 
"(d) It shall be the purpose of the Institute to provide— 
"(1) a coordinating center for the collection, preparation, and 
dissemination of useful data regarding the prevention, treat-
ment, and control of juvenile delinquency; and 
"(2) appropriate training (including training designed to 
strengthen and maintain the family unit) for representatives of 
Federal, State, local law enforcement officers, teachers and 
special education personnel, family counselors, child welfare 
workers, juvenile judges and judicial personnel, probation per-
sonnel, correctional personnel (including volunteer lay person-
nel), 
persons associated with law-related education, youth 
workers, and representatives of private agencies and organiza-
tions with specific experience in the prevention, treatment, and 
control of juvenile delinquency.". 
(d) Section 241 of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5651) is amended— 
(1) by redesignating subsection if) as subsection (g), 
(2) by inserting after subsection (e) the following new 
subsection: 
"(f) The Administrator, acting through the Institute, shall pro-
vide, not less frequently than once every 2 years, for a national 
conference of member representatives from State advisory groups 
for the purpose of— 
"(1) disseminating information, data, standards, advanced 
techniques, and program models developed through the Insti-
Ante, p. 2114. 
tute and through programs funded under section 224; 
"(2) reviewing Federal policies regarding juvenile justice and 
delinquency prevention; 
"(3) advising the Administrator with respect to particular 
-
V
. functions or aspects of the work of the Office; and 
"(4) advising the President and Congress with regard to State 
perspectives on the operation of the Office and Federal legisla-
tion pertaining to juvenile justice and delinquency prevention.", 
and 
(3) by adding at the end thereof the following new subsection: 
"(h) The authorities of the Institute under this part shall be 
Ante, p. 2116. 
subject to the terms and conditions of section 225(d).". 
RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS 
SEC. 632. Section 243 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5653) is amended— 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2119 
(1) in paragraph (1) by inserting "which seek to strengthen 
and maintain the family unit or" after "methods", 
(2) in paragraph (4) by striking "Associate" and inserting in 
lieu thereof "Deputy", 
(3) by amending paragraph (5) to read as follows: 
Studies. 
"(5) prepare, in cooperation with educational institutions, 
with Federal, State, and local agencies, and with appropriate 
individuals and private agencies, such studies as it considers to 
be necessary with respect to the prevention and treatment of 
juvenile delinquency and related matters, including— 
"(A) recommendations designed to promote effective pre-
vention and treatment, particularly by strengthening and 
maintaining the family unit; and 
"(B) assessments regarding the role of family violence, 
sexual abuse or exploitation, media violence, the improper 
handling of youth placed in one State by another State, the 
possible ameliorating roles of familial relationships, special 
education, remedial education, and recreation, and the 
extent to which youth in the juvenile system are treated 
differently on the basis of sex, race, or family income and 
the ramifications of such treatment; 
"(C) examinations of the treatment of juveniles processed 
in the criminal justice system; and 
"(D) recommendations as to effective means for detering 
involvement in illegal activities or promoting involvement 
in lawful activities on the part of gangs whose membership 
is substantially composed of juveniles.", and 
(4) in paragraph (7) by striking out "(including a periodic 
journal)". 
TRAINING FUNCTIONS 
SEC. 633. Section 244 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5654) is amended— 
(1) in paragraph (1)— 
(A) by striking out "or who are" and inserting in lieu 
thereof "working with or", and 
(B) by striking out "and juvenile offenders" and inserting 
in lieu thereof ", juvenile offenders, and their families", 
(2) in paragraph (2) by striking out "workshop" and inserting 
in lieu thereof "workshops", and 
(3) in paragraph (3) by striking out "teachers" and all that 
follows through the end thereof and inserting in lieu thereof the 
following: "teachers and special education personnel, family 
counselors, child welfare workers, juvenile judges and judicial 
personnel, probation personnel (including volunteer lay person-
nel), persons associated with law-related education, youth 
workers, and organizations with specific experience in the pre-
vention and treatment of juvenile delinquency; and". 
REPEALER 
SEC. 634. Section 245 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5655) is repealed. 
98 STAT. 2120 
PUBLIC LAW 98-473—OCT. 12, 1984 
ANNUAL REPORT 
SEC. 635. Section 246 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5656) is amended by striking out 
"SEC. 246." and inserting in lieu thereof "SEC. 245.". 
DEVELOPMENT OF STANDARDS FOR JUVENILE JUSTICE 
SEC. 636. Section 247 of the Juvenile Justice and Delinquency Act 
of 1974 (42 U.S.C. 5657) is amended to read as follows: 
"ADDITIONAL FUNCTIONS OF THE INSTITUTE 
"SEC. 246. (a) The National Institute for Juvenile Justice and 
Delinquency Prevention shall review existing reports, data, and 
standards, relating to the juvenile justice system in the United 
States. 
"(b) The National Institute for Juvenile Justice and Delinquency 
Prevention is authorized to develop and support model State legisla-
tion consistent with the mandates of this title and the standards 
developed by National Advisory Committee for Juvenile Justice and 
Delinquency Prevention before the date of the enactment of the 
Juvenile Justice, Runaway Youth, and Missing Children's Act 
Ante, p. 2107. 
Amendments of 1984.". 
ESTABLISHMENT OF TRAINING PROGRAM 
SEC. 637. (a) Section 248(b) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5659(b)) is amended to read 
as follows: 
"(b) Enrollees in the training program established under this 
section shall be drawn from law enforcement and correctional per-
sonnel (including volunteer lay personnel), teachers and special 
education personnel, family counselors, child welfare workers, juve-
nile judges and judicial personnel, persons associated with law-
related education, youth workers, and representatives of private 
agencies and organizations with specific experience in the preven-
tion and treatment of juvenile delinquency.". 
(b) Section 248 of the Juvenile Justice and Delinquency Act of 
1974 (42 U.S.C. 5659) is amended by striking out "SEC. 248." and 
inserting in lieu thereof "SEC. 247.". 
T E C H N I C A L AMENDMENT 
SEC. 638. Section 249 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5660) is amended by striking out 
"SEC. 249." and inserting in lieu thereof "SEC. 248.". 
TRAINING PROGRAM 
SEC. 639. (a) The heading for section 250 of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended 
to read as follows: 
" P A R T I C I P A T I O N I N TRAINING PROGRAM AND STATE ADVISORY GROUP 
CONFERENCES". 
(b) Section 250(c) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5661(c)) is amended to read as follows: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2121 
"(c) While participating as a trainee in the program established 
under section 246 or while participating in any conference held 
Ante, p. 2120. 
under section 241(f), and while traveling in connection with such 
Ante, p. 2118. 
participation, each person so participating shall be allowed travel 
expenses, including a per diem allowance in lieu of subsistence, in 
the same manner as persons employed intermittently in Govern-
ment service are allowed travel expenses under section 5703 of title 
5, United States Code. No consultation fee may be paid to such 
Prohibition, 
person for such participation.". 
(c) Section 250 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5661) is amended by striking out "SEC. 250." 
and inserting in lieu thereof "SEC. 249.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 640. Section 261 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671) is amended to read as 
follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 261. (a) To carry out the purposes of this title there is 
authorized to be appropriated such sums as may be necessary for 
fiscal years 1985, 1986, 1987, and 1988. Funds appropriated for any 
fiscal year may remain available for obligation until expended. 
"(b) Of such sums as are appropriated to carry out the purposes of 
this title— 
"(1) not to exceed 7.5 percent shall be available to carry out 
part A; 
"(2) not less than 81.5 percent shall be available to carry out 
part B; and 
"(3) 11 percent shall be available to carry out part C. 
42 USC 5651. 
"(c) Notwithstanding any other provision of law, the Administra-
tor shall— 
"(1) establish appropriate administrative and supervisory 
board membership requirements for a State agency responsible 
for supervising the preparation and administration of the State 
plan submitted under section 223 and permit the State advisory 
42 USC 5633. 
group appointed under section 223(a)(3) to operate as the super- 
Ante, p. 2111. 
visory board for such agency, at the discretion of the Governor; 
and 
"(2) approve any appropriate State agency designated by the 
Governor of the State involved in accordance with paragraph 
(1). 
"(d) No funds appropriated to carry out the purposes of this title 
may be used for any bio-medical or behavior control experimenta-
tion on individuals or any research involving such experimentation. 
For the purpose of this subsection, the term 'behavior control' refers 
to experimentation or research employing methods which involve a 
substantial risk of physical or psychological harm to the individual 
subject and which are intended to modify or alter criminal and 
other anti-social behavior, including aversive conditioning therapy, 
drug therapy or chemotherapy (except as part of routine clinical 
care), physical therapy of mental disorders, electroconvulsive ther-
apy, or physical punishment. The term does not apply to a limited 
class of programs generally recognized as involving no such risk, 
including methadone maintenance and certain alcohol treatment 
programs, psychological counseling, parent training, behavior con-
98 STAT. 2122 
PUBLIC LAW 98-473—OCT. 12, 1984 
tracting, survival skills training, restitution, or community service, 
if safeguards are established for the informed consent of subjects 
(including parents or guardians of minors).". 
APPLICATION OF OTHER ADMINISTRATIVE AUTHORITY 
SEC. 641. Section 262 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5672) is amended to read as 
follows: 
"ADMINISTRATIVE AUTHORITY 
"SEC. 262. (a) The Office shall be administered by the Administra-
tor under the general authority of the Attorney General. 
"(b) Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) 
of the Omnibus Crime Control and Safe Streets Act of 1968, as so 
designated by the operation of the amendments made by the Justice 
Ante, pp. 2093, 
Assistance Act of 1984, shall apply with respect to the administra-
2095, 2096. 
tion of and compliance with this Act, except that for purposes of this 
Act— 
"(1) any reference to the Office of Justice Programs in such 
sections shall be deemed to be a reference to the Assistant 
Attorney General who heads the Office of Justice Programs; 
and 
"(2) the term 'this title' as it appears in such sections shall be 
deemed to be a reference to this Act. 
"(c) Sections 801(a), 801(c), and 806 of the Omnibus Crime Control 
and Safe Streets Act of 1968, as so designated by the operation of the 
Ante, pp. 2091, 
amendments made by the Justice Assistance Act of 1984, shall apply 
2093. 
with respect to the administration of and compliance with this Act, 
except that for purposes of this Act— 
"(1) any reference to the Attorney General, the Assistant 
Attorney General who heads the Office of Justice Programs, the 
Director of the National Institute of Justice, the Director of the 
Bureau of Justice Statistics, or the Director of the Bureau of 
Justice Assistance shall be deemed to be a reference to the 
Administrator; 
"(2) any reference to the Office of Justice Programs, the 
Bureau of Justice Assistance, the National Institute of Justice, 
or the Bureau of Justice Statistics shall be deemed to be a 
reference to the Office of Juvenile Justice and Delinquency 
Prevention; and 
"(3) the term 'this title' as it appears in such sections shall be 
deemed to be a reference to this Act. 
Regulations. 
"(d) The Administrator is authorized, after appropriate consulta-
tion with representatives of States and units of local government, to 
establish such rules, regulations, and procedures as are necessary 
for the exercise of the functions of the Office and as are consistent 
with the purpose of this Act.". 
Subdivision C—Runaway and Homeless Youth 
RULES 
SEC. 650. Section. 303 of the Runaway and Homeless Youth Act (42 
U.S.C. 5702) is amended to read as follows: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2123 
RULES 
"SEC. 303. The Secretary of Health and Human Services (herein- 
42 USC 5702. 
after in this title referred to as the 'Secretary') may issue such rules 
as the Secretary considers necessary or appropriate to carry out the 
purposes of this title.". 
PURPOSES OF GRANT PROGRAM 
SEC. 651. (a) The first sentence of section 311(a) of the Runaway 
and Homeless Youth Act (42 U.S.C. 5711(a)) is amended— 
(1) by inserting "and assistance to their families" before the 
period at the end thereof, and 
(2) by striking, in the first sentence, "nonprofit private agen-
cies and coordinated networks of such agencies" and inserting 
in lieu thereof "private entities and coordinated networks of 
such entities". 
(b) Section 311(b) of the Runaway and Homeless Youth Act (42 
U.S.C. 5711(b)) is amended by inserting "and to the families of such 
juveniles" before the period at the end thereof. 
ELIGIBILITY 
SEC. 652. Section 312(b) of the Runaway and Homeless Youth Act 
(42 U.S.C. 5712) is amended— 
(1) in paragraph (2) by striking out "portion" and inserting in 
lieu thereof "proportion", 
(2) in paragraph (3) by striking out "(if such action is required 
by State law)", 
(3) in paragraph (4) by inserting "school system personnel," 
after "social service personnel,", 
(4) in paragraph (5) by striking out "parents" and inserting in 
lieu thereof "families", and 
(5) in paragraph (6) by striking out "parents" and inserting in 
lieu thereof "family members". 
APPROVAL BY SECRETARY 
SEC. 653. The first sentence of section 313 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5713) is amended by striking out 
"nonprofit private agency" and inserting in lieu thereof "private 
entity". 
GRANTS TO PRIVATE AGENCIES, STAFFING 
SEC. 654. Section 314 of the Runaway and Homeless Youth Act (42 
U.S.C. 5714) is amended— 
(1) by amending the heading to read as follows: "GRANTS TO 
PRIVATE ENTITIES; STAFFING", and 
(2) in the first sentence— 
(A) by striking out "nonprofit private agencies" and in-
serting in lieu thereof "private entities", and 
(B) by striking out "house" and inserting in lieu thereof 
"center". 
ADDITIONAL ASSISTANCE 
SEC. 655. The Runaway and Homeless Youth Act (42 U.S.C. 5701 
et seq.) is amended— 
42 USC 5601 
note. 
98 STAT. 2124 
PUBLIC LAW 98-473—OCT. 12, 1984 
42 use 5715, 
(1) by redesignating sections 315 and 316 as sections 317 and 
5716. 
318, respectively, and 
(2) by inserting after section 314 the following new sections: 
"ASSISTANCE TO POTENTIAL GRANTEES 
42 use 5714a. 
"SEC. 315. The Secretary shall provide informational assistance to 
potential grantees interested in establishing runaway and homeless 
youth centers. Such assistance shall consist of information on— 
"(1) steps necessary to establish a runaway and homeless 
youth center, including information on securing space for such 
center, obtaining insurance, staffing, and establishing operating 
procedures; 
"(2) securing local private or public financial support for the 
operation of such center, including information on procedures 
utilized by grantees under this title; and 
"(3) the need for the establishment of additional runaway 
youth centers in the geographical area identified by the poten-
tial grantee involved. 
"LEASE OF SURPLUS FEDERAL FACILITIES FOR USE AS RUNAWAY AND 
HOMELESS YOUTH CENTERS 
42 use 5714b. 
"SEC. 316. (a) The Secretary may enter into cooperative lease 
arrangements with States, localities, and nonprofit private agencies 
to provide for the use of appropriate surplus Federal facilities 
transferred by the General Services Administration to the Depart-
ment of Health and Human Services for use as runaway and 
homeless youth centers if the Secretary determines that— 
"(1) the applicant involved has suitable financial support 
necessary to operate a runaway and homeless youth center; 
"(2) the applicant is able to demonstrate the program exper-
tise required to operate such center in compliance with this 
title, whether or not the applicant is receiving a grant under 
this part; and 
"(3) the applicant has consulted with and obtained the ap-
proval of the chief executive officer of the unit of general local 
government in which the facility is located. 
Prohibition. 
"(b)(1) Each facility made available under this section shall be 
made available for a period of not less than 2 years, and no rent or 
fee shall be charged to the applicant in connection with use of such 
facility. 
"(2) Any structural modifications or additions to facilities made 
available under this section shall become the property of the United 
States. All such modifications or additions may be made only after 
receiving the prior written consent of the Secretary or other appro-
priate officer of the Department of Health and Human Services.". 
REORGANIZATION 
Repeal. 
SEC. 656. Part C of the Runaway and Homeless Youth Act (42 
U.S.C. 5741) is repealed. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 657. (a) The Runaway and Homeless Youth Act (42 U.S.C. 
5701 et seq.) is amended by inserting after the heading for part D 
the following new heading for section 341: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2125 
"AUTHORIZATION OF APPROPRIATIONS". 
(b) Section 341(a) is amended by striking out "for each of the fiscal 42 USC 5751. 
years" and all that follows through the period at the end thereof and 
inserting in lieu thereof "such sums as may be necessary for fiscal 
years 1985,1986,1987, and 1988.". 
(c) Section 341(b) of the Runaway and Homeless Youth Act (42 
U.S.C. 5751(b)) is amended by striking out "Associate". 
(d) Section 341 of the Runaway and Homeless Youth Act (42 U.S.C. 
5751) is amended by adding at the end thereof the following new 
subsection: 
"(c) No funds appropriated to carry out the purposes of this title— 
"(1) may be used for any program or activity which is not 
specifically authorized by this title; or 
"(2) may be combined with funds appropriated under any 
other Act if the purpose of combining such funds is to make a 
single discretionary grant or a single discretionary payment 
unless such funds are separately identified in all grants and 
contracts and are used for the purposes specified in this title.". 
(e) Part D of the Runaway and Homeless Youth Act (42 U.S.C. 
5751) is redesignated as part C. 
(f) Section 341 of the Runaway and Homeless Youth Act (42 U.S.C. 42 use 5751. 
5757) is redesignated as section 331. 
Subdivision D—Missing Children's Assistance 
ASSISTANCE RELATING TO MISSING CHILDREN 
SEC. 660. The Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end thereof 
the following new title: 
"TITLE IV—MISSING CHILDREN 
Missing 
Children's 
SHORT TITLE 
Assistance Act. 
"SEC. 401. This title may be cited as the Missing Children's 42 use 5601 
Assistance Act. 
''°^-
"FINDINGS 
"SEC. 402. The Congress hereby finds that— 
42 USC 5771. 
"(1) each year thousands of children are abducted or removed 
from the control of a parent having legal custody without such 
parent's consent, under circumstances which immediately place 
them in grave danger; 
"(2) many of these children are never reunited with their 
families; 
"(3) often there are no clues to the whereabouts of these 
children; 
"(4) many missing children are at great risk of both physical 
harm and sexual exploitation; 
"(5) in many cases, parents and local law enforcement offi-
cials have neither the resources nor the expertise to mount 
expanded search efforts; 
"(6) abducted children are frequently moved from one locality 
to another, requiring the cooperation and coordination of local, 
State, and Federal law enforcement efforts; 
98 STAT. 2126 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(7) on frequent occasions, law enforcement 
authorities 
quickly exhaust all leads in missing children cases, and require 
assistance from distant communities where the child may be 
located; and 
"(8) Federal assistance is urgently needed to coordinate and 
assist in this interstate problem. 
DEFINITIONS 
42 use 5772. 
"SEC. 403. For the purpose of this title— 
"(1) the term 'missing child' means any individual less than 
18 years of age whose whereabouts are unknown to such indi-
vidual's legal custodian i
f
— 
"(A) the circumstances surrounding such individual's dis-
appearance indicate that such individual may possibly have 
been removed by another from the control of such individ-
ual's legal custodian without such custodian's consent; or 
"(B) the circumstances of the case strongly indicate that 
such individual is likely to be abused or sexually exploited; 
and 
"(2) the term 'Administrator' means the Administrator of the 
Office of Juvenile Justice and Delinquency Prevention. 
"DUTIES AND FUNCTIONS OF THE ADMINISTRATOR 
42 use 5773. 
"SEC. 404. (a) The Administrator shall— 
Regulations. 
"(1) issue such rules as the Administrator considers necessary 
or appropriate to carry out this title; 
"(2) make such arrangements as may be necessary and appro-
priate to facilitate effective coordination among all federally 
funded programs relating to missing children (including the 
preparation of an annual comprehensive plan for facilitating 
such coordination); 
Public 
"(3) provide for the furnishing of information derived from 
information. 
the national toll-free telephone line, established under subsec-
tion (b)(1), to appropriate law enforcement entities; 
"(4) provide adequate staff and agency resources which are 
necessary to properly carry out the responsibilities pursuant to 
this title; 
"(5) analyze, compile, publish, and disseminate an annual 
summary of recently completed research, research being con-
ducted, and Federal, State, and local demonstration projects 
relating to missing children with particular emphasis on— 
"(A) effective models of local. State, and Federal coordina-
tion and cooperation in locating missing children; 
"(B) effective programs designed to promote community 
awareness of the problem of missing children; 
"(C) effective programs to prevent the abduction and 
sexual exploitation of children (including parent, child, and 
community education); and 
"(D) effective program models which provide treatment, 
counseling, or other aid to parents of missing children or to 
children who have been the victims of abduction or sexual 
exploitation; and 
"(6) prepare, in conjunction with and with the final approval 
of the Advisory Board on Missing Children, an annual compre-
hensive plan for facilitating cooperation and coordination 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2127 
among all agencies and organizations with responsibilities 
related to missing children. 
"(b) The Administrator, either by making grants to or entering 
into contracts with public agencies or nonprofit private agencies, 
shall— 
"(1) establish and operate a national toll-free telephone line 
by which individuals may report information regarding the 
location of any missing child, or other child 13 years of age or 
younger whose whereabouts are unknown to such child's legal 
custodian, and request information pertaining to procedures 
necessary to reunite such child with such child's legal 
custodian; 
"(2) establish and operate a national resource center and 
clearinghouse designed— 
"(A) to provide technical assistance to local and State 
governments, public and private nonprofit agencies, and 
individuals in locating and recovering missing children; 
"(B) to coordinate public and private programs which 
locate, recover, or reunite missing children with their legal 
custodians; 
"(C) to disseminate nationally information about innova-
tive and model missing childrens' programs, services, and 
legislation; and 
"(D) to provide technical assistance to law enforcement 
agencies. State and local governments, elements of the 
criminal justice system, public and private nonprofit agen-
cies, and individuals in the prevention, investigation, pros-
ecution, and treatment of the missing and exploited child 
case; and 
"(3) periodically conduct national incidence studies to deter-
mine for a given year the actual number of children reported 
missing each year, the number of children who are victims of 
abduction by strangers, the number of children who are the 
victims of parental kidnapings, and the number of children who 
are recovered each year. 
"(c) Nothing contained in this title shall be construed to grant to 
the Administrator any law enforcement responsibility or super-
visory authority over any other Federal agency. 
Grants. 
Contracts. 
Public 
information. 
Studies. 
ADVISORY BOARD 
"SEC. 405. (a) There is hereby established the Advisory Board on 
Missing Children (hereinafter in this title referred to as the 
'Advisory Board') which shall be composed of 9 members £is follows: 
"(1) a law enforcement officer; 
"(2) an individual whose official duty is to prosecute violations 
of the criminal law of a State; 
"(3) the chief executive officer of a unit of local government 
within a State; 
"(4) a statewide elected officer of a State; 
"(5) the Director of the Federal Bureau of Investigation or the 
Director's designee from within the Federal Bureau of Investi-
gation; and 
"(6) 4 members of the public who have experience or expertise 
relating to missing children (including members representing 
parent groups). 
Establishment. 
42 u s e 5774. 
98 STAT. 2128 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(b) The Attorney General shall make the initial appointments to 
the Advisory Board not later than 90 days after the effective date of 
this title. The Advisory Board shall meet periodically and at the call 
of the Attorney General, but not less frequently than annually. The 
Chairman of the Advisory Board shall be designated by the Attor-
ney General. 
"(c) The Advisory Board shall— 
"(1) advise the Administrator and the Attorney General in 
coordinating programs and activities reliating to missing chil-
dren which are planned, administered, or assisted by any 
Federal program; 
"(2) advise the Administrator with regard to the establish-
ment of priorities for making grants or contracts under section 
Infra. 
406; and 
"(3) approve the annual comprehensive plan for facilitating 
cooperation and coordination among all agencies and organiza-
tions with responsibilities relating to missing children and 
submit the first such annual plan to the President and the 
Congress not later than eighteen months after the effective date 
of this title. 
"(d) Members of the Advisory Board, while serving away from 
their places of residence or regular places of business, shall be 
entitled to reimbursement for travel expenses, including per diem in 
lieu of subsistence, in the same manner as is authorized by section 
5703 of title 5, United States Code, for persons employed intermit-
tently in the Government service. 
"GRANTS 
Contracts. 
"SEC. 406. (a) The Administrator is authorized to make grants to 
42 use 5775. 
and enter into contracts with public agencies or nonprofit private 
organizations, or combinations thereof, for research, demonstration 
projects, or service programs designed— 
"(1) to educate parents, children, and community agencies 
and organizations in ways to prevent the abduction and sexual 
exploitation of children; 
"(2) to provide information to assist in the locating and return 
of missing children; 
"(3) to aid communities in the collection of materials which 
would be useful to parents in assisting others in the identifica-
tion of missing children; 
"(4) to increase knowledge of and develop effective treatment 
pertaining to the psychological consequences, on both parents 
and children, o
f
— 
"(A) the abduction of a child, both during the period of 
disappearance and after the child is recovered; and 
"(B) the sexual exploitation of a missing child; 
"(5) to collect detailed data from selected States or localities 
on the actual investigative practices utilized by law enforce-
ment agencies in missing children's cases; and 
"(6) to address the particular needs of missing children by 
minimizing the negative impact of judicial and law enforcement 
procedures on children who are victims of abuse or sexual 
exploitation and by promoting the active participation of chil-
dren and their families in cases involving abuse or sexual 
exploitation of children. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2129 
"(b) In considering grant applications under this title, the Admin-
istrator shall give priority to applicants who— 
"(1) have demonstrated or demonstrate ability in— 
"(A) locating missing children or locating and reuniting 
missing children with their legal custodians; 
"(B) providing other services to missing children or their 
families; or 
"(C) conducting research relating to missing children; and 
"(2) with respect to subparagraphs (A) and (B) of paragraph 
(1), substantially utilize volunteer assistance. 
The Administrator shall give first priority to applicants qualifying 
under subparagraphs (A) and (B) of paragraph (1). 
"(c) In order to receive assistance under this title for a fiscal year, 
applicants shall give assurance that they will expend, to the greatest 
extent practicable, for such fiscal year an amount of funds (without 
regard to any funds received under any Federal law) that is not less 
than the amount of funds they received in the preceding fiscal year 
from State, local, and private sources. 
CRITERIA FOR GRANTS 
"SEC. 407. The Administrator, in consultation with the Advisory 
Board, shall establish annual research, demonstration, and service 
program priorities for making grants and contracts pursuant to 
section 406 and, not less than 60 days before establishing such 
priorities, shall publish in the Federal Register for public comment 
a statement of such proposed priorities. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 408. To carry out the provisions of this title, there are 
authorized to be appropriated $10,000,000 for fiscal year 1985, and 
such sums as may be necessary for fiscal years 1986, 1987, and 
1988.". 
Subdivision E—Effective Dates 
Federal 
Register, 
publication. 
42 u s e 5776. 
Ante, p. 2128. 
42 u s e 5777. 
EFFECTIVE DATES 
SEC. 670. (a) Except as provided in subsection (b), this division and 
the amendments made by this division shall take effect on the date 
of the enactment of this joint resolution or October 1, 1984, which-
ever occurs later. 
(b) Paragraph (2) of section 331(c) of the Runaway and Homeless 
Youth Act, as added by section 657(d) of this division, shall not apply 
with respect to any grant or payment made before the effective date 
of this joint resolution. 
CHAPTER VII—SURPLUS FEDERAL PROPERTY 
AMENDMENTS 
SEC. 701. Section 203 of the Federal Property and Administrative 
Services Act of 1949 as amended (40 U.S.C. 484), is further amended 
by adding at the end thereof the following new subsection: 
"(pXD Under such regulations as he may prescribe, the Adminis-
trator is authorized in his discretion to transfer or convey to the 
several States, the District of Columbia, the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust 
Territory of the Pacific Islands, the Commonwealth of the Northern 
42 u s e 5601 
note. 
Ante, p. 2124. 
Real property. 
Prisoners. 
98 STAT. 2130 
PUBLIC LAW 98-473—OCT. 12, 1984 
Mariana Islands, or any political subdivision or instrumentality 
thereof, surplus real and related personal property determined by 
the Attorney General to be required for correctional facility use by 
the authorized transferee or grantee under an appropriate program 
or project for the care or rehabilitation of criminal offenders as 
approved by the Attorney General. Transfers or conveyance under 
this authority shall be made by the Administrator without mone-
Claims. 
tary consideration to the United States. If the Attorney General 
determines that any surplus property transferred or conveyed pur-
suant to an agreement entered into between March 1, 1982, and the 
enactment of this subsection was suitable for transfer or conveyance 
under this subsection, the Administrator shall reimburse the trans-
feree for any monetary consideration paid to the United States for 
such transfer or conveyance. 
"(2) The deed of conveyance of any surplus real'and related 
personal property disposed of under the provisions of this 
subsection— 
"(A) shall provide that all such property shall be used and 
maintained for the purpose for which it was conveyed in perpe-
tuity, and that in the event the property ceases to be used or 
maintained for that purpose, all or any portion of the property 
shall, in its then existing condition, at the option of the United 
States, revert to the United States; and 
"(B) may contain such additional terms, reservations, restric-
tions, and conditions as may be determined by the Administra-
tor to be necessary to safeguard the interests of the United 
States. 
"(3) With respect to surplus real and related personal property 
conveyed pursuant to this subsection, the Administrator is author-
ized and directed— 
"(A) to determine and enforce compliance with the terms, 
conditions, reservations, and restrictions contained in any in-
strument by which such transfer was made; 
"(B) to reform, correct, or amend any such instrument by the 
execution of a corrective reformative or amendatory instrument 
where necessary to correct such instrument or to conform such 
transfer to the requirements of applicable law; and 
"(C) to (i) grant releases from any of the terms, conditions, 
reservations, and restrictions contained in, and (ii) convey, quit-
claim, or release to the transferee or other eligible user any 
right or interest reserved to the United States by any instru-
ment by which such transfer was made, if he determines that 
the property so transferred no longer serves the purpose for 
which it was transferred, or that such release, conveyance, or 
quitclaim deed will not prevent accomplishment of the purpose 
for which such property was so transferred: Provided, That any 
such release, conveyance, or quitclaim deed may be granted on, 
or made subject to, such terms and conditions as he or she shall 
deem necessary to protect or advance the interests of the United 
States.". 
SEC. 702. The first sentence of subsection (o) of section 203 of the 
Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 484(o)), is further amended by revising the first 
sentence of such subsection to read as follows: 
Report. 
"(o) The Administrator with respect to personal property donated 
under subsection (j) of this section and with respect to real and 
related personal property transferred or conveyanced under subsec-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2131 
tion (p) of this section, and the head of each executive agency 
disposing of real property under subsection (k) of this section, shall 
submit during the calendar quarter following the close of each fiscal 
year a report to the Senate (or to the Secretary of the Senate if the 
Senate is not in session) and to the House of Representatives (or to 
the Clerk of the House if the House is not in session) showing the 
acquisition cost of all personal property so donated and of all real 
property so disposed of during the preceding fiscal year.". 
CHAPTER VIII—LABOR RACKETEERING AMENDMENTS 
Crimes and 
misdemeanors. 
SEC. 801. Subsection (d) of section 302 of the Labor Management 
Penalties. 
Relations Act, 1947 (29 U.S.C. 186), is amended to read as follows: 
"(d)(1) Any person who participates in a transaction involving a 
payment, loan, or delivery of money or other thing of value to a 
labor organization in payment of membership dues or to a joint 
labor-management trust fund as defined by clause (B) of the proviso 
to clause (5) of subsection (c) of this section or to a plant, area, or 
industry-wide labor-management committee that is received and 
used by such labor organization, trust fund, or committee, which 
transaction does not satisfy all the applicable requirements of sub-
sections (c)(4) through (c)(9) of this section, and willfully-and with 
intent to benefit himself or to benefit other persons he knows are 
not permitted to receive a payment, loan, money, or other thing of 
value under subsections (c)(4) through (c)(9) violates this subsection, 
shall, upon conviction thereof, be guilty of a felony and be subject to 
a fine of not more than $15,000, or imprisoned for not more than five 
years, or both; but if the value of the amount of money or thing of 
value involved in any violation of the provisions of this section does 
not exceed $1,000, such person shall be guilty of a misdemeanor and 
be subject to a fine of not more than $10,000, or imprisoned for not 
more than one year, or both. 
"(2) Except for violations involving transactions covered by sub-
section (d)(1) of this section, any person who willfully violates this 
section shall, upon conviction thereof, be guilty of a felony and be 
subject to a fine of not more than $15,000, or imprisoned for not 
more than five years, or both; but if the value of the amount of 
money or thing of value involved in any violation of the provisions 
of this section does not exceed $1,000, such person shall be guilty of a 
misdemeanor and be subject to a fine of not more than $10,000, or 
imprisoned for not more than one year, or both.". 
SEC. 802. (a) So much of subsection (a) of section 411 of title I of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111) 
as follows "the Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 401)," is amended to read as follows: "any felony 
involving abuse or misuse of such person's position or employment 
in a labor organization or employee benefit plan to seek or obtain an 
illegal gain at the expense of the members of the labor organization 
or the beneficiaries of the employee benefit plan, or conspiracy to 
commit any such crimes or attempt to commit any such crimes, or a 
crime in which any of the foregoing crimes is an element, shall serve 
or be permitted to serve— 
"(1) as an administrator, fiduciary, officer, trustee, custodian, 
counsel, agent, employee, or representative in any capacity of 
any employee benefit plan, 
"(2) as a consultant or adviser to an employee benefit plan, 
including but not limited to any entity whose activities are in 
98 STAT. 2132 
PUBLIC LAW 98-473—OCT. 12, 1984 
whole or substantial part devoted to providing goods or services 
to any employee benefit plan, or 
"(3) in any capacity that involves decisionmaking authority or 
custody or control of the moneys, funds, assets, or property of 
any employee benefit plan, 
during or for the period of thirteen years after such conviction or 
after the end of such imprisonment, whichever is later, unless the 
sentencing court on the motion of the person convicted sets a lesser 
period of at least three years after such conviction or after the end 
of such imprisonment, whichever is later, or unless prior to the end 
of such period, in the case of a person so convicted or imprisoned (A) 
his citizenship rights, having been revoked as a result of such 
conviction, have been fully restored, or (B) the United States Parole 
Commission determines that such person's service in any capacity 
referred to in paragraphs (1) through (3) would not be contrary to 
the purposes of this title. Prior to making any such determination 
the Commission shall hold an administrative hearing and shall give 
notice to such proceeding by certified mail to the Secretary of Labor 
and to State, county, and Federal prosecuting officials in the juris-
diction or jurisdictions in which such person was convicted. The 
Commission's determination in any such proceeding shall be final. 
No person shall knowingly hire, retain, employ, or otherwise place 
any other person to serve in any capacity in violation of this 
subsection. Notwithstanding the preceding provisions of this subsec-
tion, no corporation or partnership will be precluded from acting as 
an administrator, fiduciary, officer, trustee, custodian, counsel, 
agent, or employee of any employee benefit plan or as a consultant 
to any employee benefit plan without a notice, hearing, and determi-
nation by such Parole Commission that such service would be 
inconsistent with the intention of this section.". 
(b) Subsection (b) of such section is amended to read as follows: 
"(b) Any person who intentionally violates this section shall be 
fined not more than $10,000 or imprisoned for not more than five 
years, or both.". 
(c) Subsection (c) of such section is amended to read as follows: 
"(c) For the purpose of this section— 
"(1) A person shall be deemed to have been 'convicted' and 
under the disability of 'conviction' from the date of the judg-
ment of the trial court, regardless of whether that judgment 
remains under appeal. 
"(2) The term 'consultant' means any person who, for compen-
sation, advises, or represents an employee benefit plan or who 
provides other assistance to such plan, concerning the establish-
ment or operation of such plan. 
"(3) A period of parole shall not be considered as part of a 
period of imprisonment.". 
(d) Such section is amended by adding at the end thereof the 
following: 
"(d) Whenever any person— 
"(1) by operation of this section, has been barred from office 
or other position in an employee benefit plan as a result of a 
conviction, and 
"(2) has filed an appeal of that conviction, 
any salary which would be otherwise due such person by virtue of 
such office or position, shall be placed in escrow by the individual or 
organization responsible for payment of such salary. Payment of 
such salary into escrow shall continue for the duration of the appeal 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2133 
or for the period of time during which such salary would be other-
wise due, whichever period is shorter. Upon the final reversal of 
such person's conviction on appeal, the amounts in escrow shall be 
paid to such person. Upon the final sustaining of that person's 
conviction on appeal, the amounts in escrow shall be returned to the 
individual or organization responsible for payments of those 
amounts. Upon final reversal of such person's conviction, such 
person shall no longer be barred by this statute from assuming any 
position from which such person was previously barred.". 
SEC. 803. (a) So much of subsection (a) of section 504 of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 504) as 
follows "or a violation of title II or III of this Act" is amended to 
read as follows: "any felony involving abuse or misuse of such 
person's position or employment in a labor organization or employee 
benefit plan to seek or obtain an illegal gain at the expense of the 
members of the labor organization or the beneficiaries of the em-
ployee benefit plan, or conspiracy to commit any such crimes or 
attempt to commit any such crimes, or a crime in which any of the 
foregoing crimes is an element, shall serve or be permitted to 
serve— 
"(1) as a consultant or adviser to any labor organization, 
"(2) as an officer, director, trustee, member of any executive 
board or similar governing body, business agent, manager, orga-
nizer, employee, or representative in any capacity of any labor 
organization, 
"(3) as a labor relations consultant or adviser to a person 
engaged in an industry or activity affecting commerce, oi as an 
officer, director, agent, or employee of any group or association 
of employers dealing with any labor organization, or in a posi-
tion having specific collective bargaining authority or direct 
responsibility in the area of labor-management relations in any 
corporation or association engaged in an industry or activity 
affecting commerce, or 
"(4) in a position which entitles its occupant to a share of the 
proceeds of, or as an officer or executive or administrative 
employee of, any entity whose activities are in whole or substan-
tial part devoted to providing goods or services to any labor 
organization, or 
"(5) in any capacity, other than in his capacity as a member of 
such labor organization, that involves decisionmaking authority 
concerning, or decisionmaking authority over, or custody of, or 
control of the moneys, funds, assets, or property of any labor 
organization, 
during or for the period of thirteen years after such conviction or 
after the end of such imprisonment, whichever is later, unless the 
sentencing court on the motion of the person convicted sets a lesser 
period of at least three years after such conviction or after the end 
of such imprisonment, whichever is later, or unless prior to the end 
of such period, in the case of a person so convicted or imprisoned, (A) 
his citizenship rights, having been revoked as a result of such 
conviction, have been fully restored, or (B) the United States Parole 
Commission determines that such person's service in any capacity 
referred to in clauses (1) through (5) would not be contrary to the 
purposes of this Act. Prior to making any such determination the 
Commission shall hold an administrative hearing and shall give 
notice of such proceeding by certified mail to the Secretary of Labor 
and to State, county, and Federal prosecuting officials in the juris-
98 STAT. 2134 
PUBLIC LAW 98-473—OCT. 12, 1984 
diction or jurisdictions in which such person was convicted. The 
Commission's determination in any such proceeding shall be final. 
No person shall knowingly hire, retain, employ, or otherwise place 
any other person to serve in any capacity in violation of this 
subsection.". 
(b) Subsection (b) of such section is amended to read as follows: 
"(b) Any person who willfully violates this section shall be fined 
not more than $10,000 or imprisoned for not more than five years, or 
both.". 
(c) Subsection (c) of such section is amended to read as follows: 
"(c) For the purpose of this section— 
"(1) A person shall be deemed to have been 'convicted' and 
under the disability of 'conviction' from the date of the judg-
ment of the trial court, regardless of whether that judgment 
remains under appeal. 
"(2) A period of parole shall not be considered as part of a 
period of imprisonment.". 
29 use 504. 
(d) Such section 504 is amended by adding at the end thereof the 
following: 
"(d) Whenever any person— 
"(1) by operation of this section, has been barred from office 
or other position in a labor organization as a result of a convic-
tion, and 
"(2) has filed an appeal of that conviction, 
any salary which would be otherwise due such person by virtue of 
such office or position, shall be placed in escrow by the individual 
employer or organization responsible for payment of such salary. 
Payment of such salary into escrow shall continue for the duration 
of the appeal or for the period of time during which such salary 
would be otherwise due, whichever period is shorter. Upon the final 
reversal of such person's conviction on appeal, the amounts in 
escrow shall be paid to such person. Upon the final sustaining of 
such person's conviction on appeal, the amounts in escrow shall be 
returned to the individual employer or organization responsible for 
payments of those amounts. Upon final reversal of such person's 
conviction, such person shall no longer be barred by this statute 
from assuming any position from which such person was previously 
barred.". 
Effective date. 
SEC. 804. (a) The amendments made by section 802 and section 803 
29 use 504 note, of this title shall take effect with respect to any judgment of 
conviction entered by the trial court after the date of enactment of 
this title, except that that portion of such amendments relating to 
the commencement of the period of disability shall apply to any 
judgment of conviction entered prior to the date of enactment of this 
title if a right of appeal or an appeal from such judgment is pending 
on the date of enactment of this title. 
(b) Subject to subsection (a) the amendments made by sections 803 
and 804 shall not affect any disability under section 411 of the 
Ante, p. 2131. 
Employee Retirement Income Security Act of 1974 or under section 
29 use 1111. 
504 of the Labor-Management Reporting and Disclosure Act of 1959 
Ante, p. 2133. 
in effect on the date of enactment of this title. 
29 use 504. 
SEC. 805. (a) The first paragraph of section 506 of title I of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1136) is 
amended by striking out "In order" and inserting in lieu thereof the 
following: 
"(a) COORDINATION WITH OTHER AGENCIES AND DEPARTMENTS.—In 
order". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2135 
(b) Such section is amended by adding at the end thereof the 
following new subsection: 
"(b) RESPONSIBILITY FOR DETECTING AND INVESTIGATING CIVIL AND 
CRIMINAL VIOLATIONS OF EMPLOYEE RETIREMENT INCOME SECURITY 
ACT AND RELATED FEDERAL LAWS.—The Secretary shall have the 
responsibility and authority to detect and investigate and refer, 
where appropriate, civil and criminal violations related to the provi-
sions of this title and other related Federal laws, including the 
detection, investigation, and appropriate referrals of related viola-
tions of title 18 of the United States Code. Nothing in this subsection 
shall be construed to preclude other appropriate Federal agencies 
from detecting and investigating civil and criminal violations of this 
title and other related Federal laws.". 
(c) The title of such section is amended to read as follows: 
"COORDINATION AND RESPONSIBILITY OF AGENCIES ENFORCING EM-
PLOYEE RETIREMENT INCOME SECURITY ACT AND RELATED FEDERAL 
LAWS". 
CHAPTER IX—CURRENCY AND FOREIGN TRANSACTIONS 
REPORTING ACT AMENDMENTS 
SEC. 901. (a) Section 5321(a)(1) of title 31, United States Code, is 
amended by striking out "a civil penalty of not more than $1,000" 
and inserting in lieu thereof "a civil penalty of not more than 
$10,000". 
(b) Subsection (a) of section 5322 of title 31, United States Code, is 
amended by striking out "$1,000, or imprisonment not more than 
one year, or both" and inserting in lieu thereof "$250,000, or impris-
onment not more than five years, or both". 
(c) Subsection (a) of section 5316 of title 31, United States Code, is 
amended— 
(1) by inserting ", or attempts to transport or have 
transported," after "transports or has transported" in para-
graph (1); and 
(2) by striking out "more than $5,000" and inserting in lieu 
thereof "more than $10,000" in paragraph (1). 
(d) Section 5317 of title 31, United States Code, is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting the following new subsection after subsection 
(a): 
"(b) A customs officer may stop and search, without a search 
warrant, a vehicle, vessel, aircraft, or other conveyance, envelope or 
other container, or person entering or departing from the United 
States with respect to which or whom the officer has reasonable 
cause to believe there is a monetary instrument being transported 
in violation of section 5316 of this title.". 
(e) Chapter 53 of title 31 of the United States Code is amended by 
adding a new section 5323 at the end thereof as follows: 
"§5323. Rewards for informants 
"(a) The Secretary may pay a reward to an individual who pro-
vides original information which leads to a recovery of a criminal 
fine, civil penalty, or forfeiture, which exceeds $50,000, for a viola-
tion of this chapter. 
"(b) The Secretary shall determine the amount of a reward under 
this section. The Secretary may not award more than 25 per centum 
Crimes and 
misdemeanors. 
Penalties. 
31 use 5316. 
31 use 5323. 
98 STAT. 2136 
PUBLIC LAW 98-473—OCT. 12, 1984 
Appropriations 
authorization. 
Post, p. 2143. 
31 u s e 321, 
5311-5314, 
5316-5322. 
Crimes and 
misdemeanors. 
Penalties. 
18 u s e 16. 
18 u s e 1952A. 
Mail. 
of the net amount of the fine, penalty, or forfeiture collected or 
$150,000, whichever is less. 
"(c) An officer or employee of the United States, a State, or a local 
government who provides information described in subsection (a) in 
the performance of official duties is not eligible for a reward under 
this section. 
"(d) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section.". 
(f) The table of contents of chapter 53 of title 31 is amended by 
adding the following new item after the item relating to section 
5322: 
"5323. Rewards for informants.". 
(g) Section 1961(1) of title 18, United States Code, is amended— 
(1) by striking out "or" after "(relating to embezzlement from 
union funds),"; and 
(2) by inserting before the semicolon at the end thereof the 
following: ", or (E) any act which is indictable under the Cur-
rency and Foreign Transactions Reporting Act". 
CHAPTER X—MISCELLANEOUS VIOLENT CRIME 
AMENDMENTS 
PART A—MURDER-FOR-HIRE AND VIOLENT CRIMES IN AID OF 
RACKETEERING ACTIVITY 
SEC. 1001. (a) Chapter 1 of title 18 of the United States Code is 
amended by adding a new section 16 as follows: 
"§16. Crime of violence defined 
"The term 'crime of violence' means— 
"(a) an offense that has as an element the use, attempted use, 
or threatened use of physical force against the person or prop-
erty of another, or 
"(b) any other offense that is a felony and that, by its nature, 
involves a substantial risk that physical force against the 
person or property of another may be used in the course of 
committing the offense.". 
(b) The analysis for chapter 1 of title 18 of the United States Code 
is amended by adding at the end thereof the following: 
"16. Crime of violence defined.". 
SEC. 1002. (a) Chapter 95 of title 18, United States Code, is 
amended by adding new sections 1952A and 1952B, following section 
1952, as follows: 
"§1952A. Use of interstate commerce facilities in the commission 
of murder-for-hire 
"(a) Whoever travels in or causes another (including the intended 
victim) to travel in interstate or foreign commerce, or uses or causes 
another (including the intended victim) to use the mail or any 
facility in interstate or foreign commerce, with intent that a murder 
be committed in violation of the laws of any State or the United 
States as consideration for the receipt of, or as consideration for a 
promise or agreement to pay, anything of pecuniary value, shall be 
fined not more than $10,000 or imprisoned for not more than five 
years, or both; and if personal injury results, shall be fined not more 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2137 
than $20,000 and imprisoned for not more than twenty years, or 
both; and if death results, shall be subject to imprisonment for any 
term of years or for life, or shall be fined not more than $50,000, or 
both. 
"(b) As used in this section and section 1952B— 
Infra. 
"(1) 'anj^hing of pecuniary value' means anything of value in 
the form of money, a negotiable instrument, a commercial 
interest, or anything else the primary significance of which is 
economic advantage; and 
"(2) 'facility of interstate commerce' includes means of trans-
portation and communication. 
"§ 1952B. Violent crimes in aid of racketeering activity 
18 USC 1952B. 
"(a) Whoever, as consideration for the receipt of, or as consider-
ation for a promise or agreement to pay, an)^hing of pecuniary 
value from an enterprise engaged in racketeering activity, or for the 
purpose of gaining entrance to or maintaining or increasing position 
in an enterprise engaged in racketeering activity, murders, kidnaps, 
maims, assaults with a dangerous weapon, commits assault result-
ing in serious bodily injury upon, or threatens to commit a crime of 
violence £igainst any individual in violation of the laws of any State 
or the United States, or attempts or conspires so to do, shall be 
punished— 
"(1) for murder or kidnaping, by imprisonment for any term 
of years or for life or a fine of not more than $50,000, or both; 
"(2) for maiming, by imprisonment for not more than thirty 
years or a fine of not more than $30,000, or both; 
"(3) for assault with a dangerous weapon or assault resulting 
in serious bodily injury, by imprisonment for not more than 
twenty years or a fine of not more than $20,000, or both; 
"(4) for threatening to commit a crime of violence, by impris-
onment for not more than five years or a fine of not more than 
$5,000, or both; 
"(5) for attempting or conspiring to commit murder or kidnap-
ing, by imprisonment for not more than ten years or a fine of 
not more than $10,000, or both; and 
"(6) for attempting or conspiring to commit a crime involving 
maiming, assault with a dangerous weapon, or assault resulting 
in serious bodily injurj', by imprisonment for not more than 
three years or a fine of not more than $3,000, or both. 
"(b) As used in this section— 
"(1) 'racketeering activity' has the meaning set forth in sec-
tion 1961 of this title; and 
"(2) 'enterprise' includes any partnership, corporation, asso-
ciation, or other legal entity, and any union or group of individ-
uals associated in fact although not a legal entity, which is 
engaged in, or the activities of which affect, interstate or foreign 
commerce.", 
(b) The analysis at the beginning of chapter 95 of title 18 is 
amended by adding after the item relating to section 1952 the 
following: 
"1952A. Use of interstate commerce facilities in the commission of murder-for-hire. 
"1952B. Violent crimes in aid of racketeering activity.". 
98 STAT. 2138 
PUBLIC LAW 98-473—OCT. 12, 1984 
PART B—SOLICITATION TO COMMIT A CRIME OF VIOLENCE 
SEC. 1003. (a) Chapter 19 of title 18 of the United States Code is 
amended by adding at the end thereof the following new section: 
18 use 373. 
"§ 373. Solicitation to commit a crime of violence 
"(a) Whoever, with intent that another person engage in conduct 
constituting a felony that has as an element the use, attempted use, 
or threatened use of physical force against the person or property of 
another in violation of the laws of the United States, and under 
circumstances strongly corroborative of that intent, solicits, com-
mands, induces, or otherwise endeavors to persuade such other 
person to engage in such conduct, shall be imprisoned not more than 
one-half the maximum term of imprisonment or fined not more than 
one-half of the maximum fine prescribed for the punishment of the 
crime solicited, or both; or if the crime solicited is punishable by 
death, shall be imprisoned for not more than twenty years. 
"(b) It is an affirmative defense to a prosecution under this section 
that, under circumstances manifesting a voluntary and complete 
renunciation of his criminal intent, the defendant prevented the 
commission of the crime solicited. A renunciation is not 'voluntary 
and complete' if it is motivated in whole or in part by a decision to 
postpone the commission of the crime until another time or to 
substitute another victim or another but similar objective. If the 
defendant raises the affirmative defense at trial, the defendant has 
the burden of proving the defense by a preponderance of the 
evidence. 
"(c) It is not a defense to a prosecution under this section that the 
person solicited could not be convicted of the crime because he 
lacked the state of mind required for its commission, because he was 
incompetent or irresponsible, or because he is immune from pros-
ecution or is not subject to prosecution.". 
(b) The analysis at the beginning of chapter 19 of title 18 is 
amended by adding after the item relating to section 372 the 
following: 
"373. Solicitation to commit a crime of violence.". 
PART C—FELONY-MURDER RULE 
SEC. 1004. Section 1111 of title 18 of the United States Code is 
amended by adding after the word "arson" the words "escape, 
murder, kidnaping, treason, espionage, sabotage,". 
PART D—MANDATORY PENALTY FOR USE OF A FIREARM DURING A 
FEDERAL CRIME OF VIOLENCE 
18 use 924. 
SEC. 1005. (a) Subsection (c) of section 924 of title 18 is amended to 
read as follows: 
"(c) Whoever, during and in relation to any crime of violence, 
including a crime of violence which provides for an enhanced pun-
ishment if committed by the use of a deadly or dangerous weapon or 
device, for which he may be prosecuted in a court of the United 
States, uses or carries a firearm, shall, in addition to the punish-
ment provided for such crime of violence, be sentenced to imprison-
ment for five years. In the case of his second or subsequent 
conviction under this subsection, such person shall be sentenced to 
imprisonment for ten years. Notwithstanding any other provision of 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2139 
law, the court shall not place on probation or suspend the sentence 
of any person convicted of a violation of this subsection, nor shall 
the term of imprisonment imposed under this subsection run con-
currently with any other term of imprisonment including that 
imposed for the crime of violence in which the firearm was used or 
carried. No person sentenced under this subsection shall be eligible 
Prohibition. 
for parole during the term of imprisonment imposed herein.". 
PART E—ARMOR-PIERCING BULLETS 
SEC. 1006. (a) Chapter 44 of title 18, United States Code, is 
amended by adding at the end thereof the following: 
"§ 929. Use of restricted ammunition 
18 USC 929. 
"(a) Whoever, during and in relation to the commission of a crime 
of violence including a crime of violence which provides for an 
enhanced punishment if committed by the use of a deadly or danger-
ous weapon or device for which he may be prosecuted in a court of 
the United States, uses or carries any handgun loaded with armor-
piercing ammunition as defined in subsection (b), shall, in addition 
to the punishment provided for the commission of such crime of 
violence be sentenced to a term of imprisonment for not less than 
five nor more than ten years. Notwithstanding any other provision 
of law, the court shall not suspend the sentence of any person 
convicted of a violation of this subsection, nor place him on proba-
tion, nor shall the term of imprisonment run concurrently with any 
other terms of imprisonment including that imposed for the felony 
in which the armor-piercing handgun ammunition was used or 
carried. No person sentenced under this subsection shall be eligible 
for parole during the term of imprisonment imposed herein. 
"(b) For purposes of this section— 
"(1) 'armor-piercing ammunition' means ammunition which, 
when or if fired from any handgun used or carrried in violation 
of subsection (a) under the test procedure of the National 
Institute of Law Enforcement and Criminal Justice Standard 
for the Ballistics Resistance of Police Body Armor promulgated 
December 1978, is determined to be capable of penetrating 
bullet-resistant apparel or body armor meeting the require-
ments of Type IIA of Standard NILECJ-STD-0101.01 as formu-
lated by the United States Department of Justice and published 
in December of 1978; and 
"(2) 'handgun' means any firearm, including a pistol or 
revolver, originally designed to be fired by the use of a single 
hand.", 
(b) The table of sections for chapter 44 of title 18, United States 
Code, is amended by adding at the end thereof the following: 
"929. Use of restricted ammunition.". 
PART F—KIDNAPING OF FEDERAL OFFICIALS 
SEC. 1007. Section 1201 of title 18 of the United States Code is 
amended— 
(1) in subsection (aX3), by deleting "or" at the end thereof; 
(2) in subsection (aX4), by deleting the comma at the end 
thereof and substituting "; or"; and 
(3) by adding after subsection (a)(4) a new subsection (a)(5) to 
read as follows: 
98 STAT. 2140 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(5) The person is among those officers and employees designated 
Post, pp. 2142, 
in section 1114 of this title and any such act against the person is 
2868. 
done while the person is engaged in, or on account of, the perform-
ance of his official duties,". 
PART G—CRIMES AGAINST FAMILY MEMBERS OF FEDERAL OFFICIALS 
SEC. 1008. (a) Chapter 7 of title 18 of the United States Code is 
amended by adding a new section at the end thereof to read as 
follows: 
18 use 115. 
"§115. Influencing, impeding, or retaliating against a Federal 
ofHcial by threatening or injuring a family member 
"(a) Whoever assaults, kidnaps, or murders, or attempts to kidnap 
or murder, or threatens to assault, kidnap or murder a member of 
the immediate family of a United States official, a United States 
judge, a Federal law enforcement officer, or an official whose killing 
Post, pp. 2142, 
would be a crime under 18 U.S.C. 1114, as amended, with intent to 
2868. 
impede, intimidate, interfere with, or retaliate against such official, 
judge or law enforcement officer while he is engaged in or on 
account of the performance of his official duties, shall be punished 
as provided in subsection (b). 
"(b)(1) An assault in violation of this section shall be punished as 
18 use 111. 
provided in section 111 of this title. 
"(2) A kidnaping or attempted kidnaping in violation of this 
Ante, p. 2139. 
section shall be punished as provided in section 1201 of this title. 
"(3) A murder or attempted murder in violation of this section 
Ante, p. 2138; 18 shall be punished as provided in sections 1111 and 1113 of this title. 
use 1113. 
"(4) A threat made in violation of this section shall be punished by 
a fine of not more than $5,000 or imprisonment for a term of not 
more than five years, or both, except that imprisonment for a 
threatened assault shall not exceed three years. 
"(c) As used in this section, the term— 
"(1) 'Federal law enforcement officer' means any officer, 
agent, or employee of the United States authorized by law or by 
a Government agency to engage in or supervise the prevention, 
detection, investigation, or prosecution of any violation of Fed-
eral criminal law; 
"(2) 'immediate family member' of an individual means— 
"(A) his spouse, parent, brother or sister, child or person 
to whom he stands in loco parentis; or 
"(B) any other person living in his household and related 
to him by blood or marriage; 
"(3) 'United States judge' means any judicial officer of the 
United States, and includes a justice of the Supreme Court and 
a United States magistrate; and 
"(4) 'United States official' means the President, President-
elect, Vice President, Vice President-elect, a Member of Con-
gress, a member-elect of Congress, a member of the executive 
branch who is the head of a department listed in 5 U.S.C. 101, or 
the Director of The Central Intelligence Agency.". 
"(b) The analysis of chapter 7 of title 18, United States Code, is 
amended by adding at the end thereof the following new item: 
"115. Influencing, impeding, or retaliating against a Federal official by threatening 
or injuring a family member.". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2141 
18 use 661. 
State and local 
governments. 
PART H—ADDITION OF CRIMES OF MAIMING AND INVOLUNTARY 
SODOMY TO MAJOR CRIMES ACT 
SEC. 1009. Section 1153 of title 18 is amended to read as follows: 
Indians. 
"Any Indian who commits against the person or property of 
another Indian or other person any of the following offenses, 
namely, murder, manslaughter, kidnaping, maiming, rape, involun-
tary sodomy, carnal knowledge of any female, not his wife, who has 
not attained the age of sixteen years, assault with intent to commit 
rape, incest, assault with intent to commit murder, assault with a 
dangerous weapon, assault resulting in serious bodily injury, arson, 
burglary, robbery, and a felony under section 661 of this title within 
the Indian country, shall be subject to the same law and penalties as 
all other persons committing any of the above offenses, within the 
exclusive jurisdiction of the United States. 
"As used in this section, the offenses of burglary, involuntary 
sodomy, and incest shall be defined and punished in accordance with 
the laws of the State in which such offense was committed as are in 
force at the time of such offense. 
"In addition to the offenses of burglary, involuntary sodomy, and 
incest, any other of the above offenses which are not defined and 
punished by Federal law in force within the exclusive jurisdiction of 
the United States shall be defined and punished in accordance with 
the laws of the State in which such offense was committed as are in 
force at the time of such offense.". 
SEC. 1009A. Section 114 of title 18 is amended by deleting "Shall 
18 use 114. 
be fined not more than $1,000 or imprisoned not more than seven 
years, or both" and inserting in lieu thereof "Shall be fined not 
more than $25,000 and imprisoned not more than twenty years, or 
both". 
PART I—DESTRUCTION OF MOTOR VEHICLES 
SEC. 1010. Section 31 of title 18 of the United States Code is 
Post, p. 2187. 
amended in the definition of "motor vehicle" by striking out "or 
passengers and property;" and inserting in lieu thereof "passengers 
and property, or property or cargo;". 
PART J—DESTRUCTION OF ENERGY FACIUTIES 
SEC. 1011. (a) Chapter 65 of title 18, United States Code, is 
amended by adding at the end thereof the following: 
"§ 1365. Destruction of an energy facility 
"(a) Whoever knowingly and willfully damages the property of an 
energy facility in an amount that in fact exceeds $100,000, or 
damages the property of an energy facility in any amount and 
causes a significant interruption or impairment of a function of an 
energy facility, shall be punishable by a fine of not more than 
$50,000 or imprisonment for not more than ten years, or both. 
"Ot)) Whoever knowingly and willfully damages the property of an 
energy facility in an amount that in fact exceeds $5,000 shall be 
punishable by a fine of not more than $25,000, or imprisonment for 
not more than five years, or both. 
"(c) For purposes of this section, the term 'energy facility' means a 
facility that is involved in the production, storage, transmission, or 
distribution of electricity, fuel, or another form or source of energy, 
or research, development, or demonstration facilities relating 
18 u s e 1365. 
98 STAT. 2142 
PUBLIC LAW 98-473—OCT. 12, 1984 
thereto, regardless of whether such facility is still under construc-
tion or is otherwise not functioning, except a facility subject to the 
jurisdiction, administration, or in the custody of the Nuclear Regu-
latory Commission or interstate transmission facilities, as defined in 
49USCapp. 
49 U.S.C. 1671. 
1671. 
"(d) The table of contents for chapter 65 of title 18, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"1365 Destruction of an energy facility.". 
PART K—ASSAULTS UPON FEDERAL OFFICIALS 
Post, p. 2868. 
SEC. 1012. Section 1114 of title 18 of the United States Code is 
amended— 
(1) by inserting "or attempts to kill" after "kills"; 
(2) by striking out "while engaged in the performance of his 
official duties or on account of the performance of his official 
duties" and inserting in lieu thereof "or any United States 
probation or pretrial services officer, or any United States 
magistrate, or any officer or employee of any department or 
agency within the Intelligence Community (as defined in section 
3 CFR, 1981 
3.4(F) of Executive Order 12333, December 8, 1981, or successor 
Comp., p. 200. 
orders) not already covered under the terms of this section,"; 
(3) by adding ", or any other officer, agency, or employee of 
the United States designated for coverage under this section in 
regulations issued by the Attorney General" after "National 
Credit Union Administration"; and 
(4) by inserting before the period at the end thereof the 
following: ", except that any such person who is found guilty of 
attempted murder shall be imprisoned for not more than 
twenty years". 
PART L—ESCAPE FROM CUSTODY RESULTING FROM CIVIL 
COMMITMENT 
SEC. 1013. Section 1826 of title 28, United States Code is amended 
by adding a new subsection (c) as follows: 
"(c) Whoever escapes or attempts to escape from the custody of 
any facility or from any place in which or to which he is confined 
Ante, p. 2059. 
pursuant to this section or section 4243 of title 18, or whoever 
rescues or attempts to rescue or instigates, aids, or assists the escape 
or attempt to escape of such a person, shall be subject to imprison-
ment for not more than three years, or a fine of not more than 
$10,000, or both.". 
PART M—ARSON AMENDMENTS 
SEC. 1014. Section 844 of title 18, United States Code, is amended 
b y -
(1) by deleting "personal injury results" in subsections (d), (f), 
and (i) and substitute "personal injury results to any person, 
including any public safety officer performing duties as a direct 
or proximate result of conduct prohibited by this subsection,"; 
(2) by deleting "death results" in subsections (d), (0, and (i) 
and substitute "death results to any person, including any 
public safety officer performing duties as a direct or proximate 
result of conduct prohibited by this subsection,". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2143 
PART N—RACKETEERING IN OBSCENE MATTER 
SEC. 1020. Section 1961(1) of title 18, United States Code, is 
amended— 
(1) in clause (A) by inserting after "extortion," the following: 
"dealing in obscene matter,"; and 
(2) in clause (B) by inserting after "section 1343 (relating to 
wire fraud)," the following: "sections 1461-1465 (relating to 
obscene matter),". 
CHAPTER XI—SERIOUS NONVIOLENT OFFENSES 
PART B—WARNING THE SUBJECT OF A SEARCH 
SEC. 1103. Section 2232 of title 18 of the United States Code is 
amended— 
(a) by deleting in the first paragraph "shall be fined not more 
than $2,000 or imprisoned not more than one year, or both" and 
inserting in lieu thereof "shall be fined not more than $10,000 
or imprisoned more than five years, or both; 
(b) by adding a new paragraph as follows: 
"Whoever, having knowledge that any person authorized to make 
searches and seizures has been authorized or is otherwise likely to 
make a search or seizure, in order to prevent the authorized seizing 
or securing of any person, goods, wares, merchandise or other 
property, gives notice or attempts to give notice of the possible 
search or seizure to any person shall be fined not more than $10,000 
or imprisoned not more than five years, or both.". 
PART C—PROGRAM FRAUD AND BRIBERY 
SEC. 1104. (a) Chapter 31 of title 18 of the United States Code is 
amended by adding a new section 666 as follows: 
"§ 666. Theft or bribery concerning programs receiving Federal 
funds 
"(a) Whoever, being an agent of an organization, or of a State or 
local government agency, that receives benefits in excess of $10,000 
in any one year period pursuant to a Federal program involving a 
grant, a contract, a subsidy, a loan, a guarantee, insurance, or 
another form of Federal assistance, embezzles, steals, purloins, will-
fully misapplies, obtains by fraud, or otherwise knowingly without 
authority converts to his own use or to the use of another, property 
having a value of $5,000 or more owned by or under the care, 
custody, or control of such organization or State or local government 
agency, shall be imprisoned for not more than ten years and fined 
not more than $100,000 or an amount equal to twice that which was 
obtained in violation of this subsection, whichever is greater, or both 
so imprisoned and fined. 
"(b) Whoever, being an agent of an organization, or of a State or 
local government agency, described in subsection (a), solicits, 
demands, accepts, or agrees to accept anything of value from a 
person or organization other than his employer or principal for or 
because of the recipient's conduct in any transaction or matter or a 
series of transactions or matters involving $5,000 or more concern-
ing the affairs of such organization or State or local government 
agency, shall be imprisoned for not more than ten years or fined not 
Ante, p. 2136. 
Crimes and 
misdemeanors. 
Penalties. 
State and local 
governments. 
18 u s e 666. 
98 STAT. 2144 
PUBLIC LAW 98-473—OCT. 12, 1984 
more than $100,000 or an amount equal to twice that which was 
obtained, demanded, solicited or agreed upon in violation of this 
subsection, whichever is greater, or both so imprisoned and fined. 
"(c) Whoever offers, gives, or agrees to give to an agent of an 
organization or of a State or local government agency, described in 
subsection (a), anything of value for or because of the recipient's 
conduct in any transaction or matter or any series of transactions or 
matters involving $5,000 or more concerning the affairs of such 
organization or State or local government agency, shall be impris-
oned not more than ten years or fined not more than $100,000 or an 
amount equal to twice that offered, given or agreed to be given, 
whichever is greater, or both so imprisoned and fined. 
"(d) For purposes of this section— 
"(1) 'agent' means a person or organization authorized to act 
on behalf of another person, organization or a government and, 
in the case of an organization or a government, includes a 
servant or employee, a partner, director, officer, manager and 
representative; 
"(2) 'organization' means a legal entity, other than a govern-
ment, established or organized for any purpose, and includes a 
corporation, company, association, firm, partnership, joint stock 
company, foundation, institution, trust, society, union, and any 
other association of persons; 
"(3) 'government agency' means a subdivision of the execu-
tive, legislative, judicial, or other branch of a government, 
including a department, independent establishment, commis-
sion, administration, authority, board, and bureau; or a corpora-
tion or other legal entity established by, and subject to control 
by, a government or governments for execution of a governmen-
tal or intergovernmental program; and 
"(4) 'local' means of or pertaining to a political subdivision 
within a State.", 
(b) The analysis at the beginning of chapter 31 of title 18 of the 
United States Code is amended by adding after the item relating to 
section 665 the following: 
"666. Theft or bribery concerning programs receiving Federal funds.". 
PART D—COUNTERFEITING OF STATE AND CORPORATE SECURITIES 
SEC. 1105. (a) Chapter 25 of title 18 of the United States Code is 
amended by adding the following new sections at the end thereof: 
Post, p. 2768. 
"§ 511. Securities of the States and private entities 
"(a) Whoever makes, utters or possesses a counterfeited security of 
a State or a political subdivision thereof or of an organization, or 
whoever makes, utters or possesses a forged security of a State or 
political subdivision thereof or of an organization, with intent to 
deceive another person, organization, or government shall be fined 
not more than $250,000 or imprisoned for not more than ten years, 
or both. 
"(b) Whoever makes, receives, possesses, sells or otherwise trans-
fers an implement designed for or particularly suited for making a 
counterfeit or forged security with the intent that it be so used shall 
be punished by a fine of not more than $250,000 or by imprisonment 
for not more than ten years, or both. 
"(c) For purposes of this section— 
18 use 511. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2145 
"(1) the term 'counterfeited' means a document that purports 
to be genuine but is not, because it has been falsely made or 
manufactured in its entirety; 
"(2) the term 'forged' means a document that purports to be 
genuine but is not because it has been falsely altered, com-
pleted, signed, or endorsed, or contains a false addition thereto 
or insertion therein, or is a combination of parts of two or more 
genuine documents; 
"(3) the term 'security' means— 
"(A) a note, stock certificate, treasury stock certificate, 
bond, treasury bond, debenture, certificate of deposit, inter-
est poupon, bill, check, draft, warrant, debit instrument as 
defined in section 916(c) of the Electronic Fund Transfer 
Act (15 U.S.C. 1693(c)), money order, traveler's check, letter 
15 USC I693n. 
of credit, warehouse receipt, negotiable bill of lading, evi-
dence of indebtedness, certificate of interest in or participa-
tion 
in any 
profit-sharing 
agreement 
collateral-trust 
certificate, pre-reorganization certificate of subscription, 
transferable share, investment contract, voting trust certifi-
cate, or certificate of interest in tangible or intangible 
property; 
"(B) an instrument evidencing ownership of goods, wares, 
or merchandise; 
"(C) any other written instrument commonly known as a 
security; 
"(D) a certificate of interest in, certificate of participation 
in, certificate for, receipt for, or warrant or option or other 
right to subscribe to or purchase, any of the foregoing; or 
"(E) a blank form of any of the foregoing; 
"(4) the term 'organization' means a legal entity, other than a 
government, established or organized for any purpose, and in-
cludes a corporation, company, association, firm, partnership, 
joint stock company, foundation, institution, society, union, or 
any other association or persons which operates in or the 
activities of which affect interstate or foreign commerce; and 
"(5) the term 'State' includes a State of the United States, the 
District of Columbia, Puerto Rico, Guam, the Virgin Islands, 
and any other territory or possession of the United States.", 
(b) The analysis at the beginning of chapter 25 of title 18 is 
amended by adding after the item relating to section 509 the 
following: 
"510. Securities of the State and private entities.". 
PART E—RECEIPT OF STOLEN BANK PROPERTY 
SEC. 1106. Subsection (c) of section 2113 of title 18 is amended to 
read as follows: 
"(c) Whoever receives, possesses, conceals, stores, barters, sells, or 
disposes of, any property or money or other thing of value which has 
been taken or stolen from a bank, credit union, or savings and loan 
association in violation of subsection (b), knowing the same to be 
property which has been stolen shall be subject to the punishment 
provided in subsection (b) for the taker.". 
PART F—BANK BRIBERY 
SEC. 1107. (a) Section 215 of title 18 is amended to read as follows: 
98 STAT. 2146 
PUBLIC LAW 98-473—OCT. 12, 1984 
12 use 1422. 
12 use 1841 
note. 
12 use 1701 
note. 
Repeal. 
18 use 216. 
"(a) Whoever, being an officer, director, employee, agent, or attor-
ney of any financial institution, bank holding company, or savings 
and loan holding company, except as provided by law, directly or 
indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or 
agrees to receive anything of value, for himself or for any other 
person or entity, other than such financial institution, from any 
person or entity for or in connection with any transaction or busi-
ness of such financial institution; or 
"(b) Whoever, except as provided by law, directly or indirectly, 
gives, offers, or promises anything of value to any officer, director, 
employee, agent, or attorney of any financial institution, bank 
holding company, or savings and loan holding company, or offers or 
promises any such officer, director, employee, agent, or attorney to 
give anything of value to any person or entity, other than such 
financial institution, for or in connection with any transaction or 
business of such financial institution, shall be fined not more than 
$5,000 or three times the value of anything offered, asked, given, 
received, or agreed to be given or received, whichever is greater, or 
imprisoned not more than five years, or both; but if the value of 
anji;hing offered, asked, given, received, or agreed to be given or 
received does not exceed $100, shall be fined not more than $1,000 or 
imprisoned not more than one year, or both. 
"(c) As used in this section— 
"(1) 'financial institution' means— 
"(A) any bank the deposits of which are insured by the 
Federal Eteposit Insurance Corporation; 
"(B) any member, as defined in section 2 of the Federal 
Home Loan Bank Act, as amended, of the Federal Home 
Loan Bank System and any Federal Home Loan Bank; 
"(C) any institution the accounts of which are insured by 
the Federal Savings and Loan Insurance Corporation; 
"(D) any credit union the accounts of which are insured 
by the Administrator of the National Credit Union Admin-
istration; 
"(E) any Federal land bank. Federal land bank associa-
tion. Federal intermediate credit bank, production credit 
association, bank for cooperatives; and 
"(F) a small business investment company, as defined in 
section 103 of the Small Business Investment Act of 1958 
(15 U.S.C. 662); and 
"(2) 'bank holding company' or 'savings and loan holding 
company' means any person, corporation, partnership, business 
trust, association or similar organization which controls a finan-
cial institution in such a manner as to be a bank holding 
company or a savings and loan holding company under the 
Bank Holding Company Act Amendments of 1956 (12 U.S.C. 
1841) or the Savings and Loan Holding Company Amendments 
of 1967 (12 U.S.C. 1730a). 
"(d) This section shall not apply to the pajnnent by a financial 
institution of the usual salary or director's fee paid to an officer, 
director, employee, agent, or attorney thereof, or to a reasonable fee 
paid by such financial institution to such officer, director, employee, 
agent, or attorney for services rendered to such financial institu-
tion.". 
(b) Section 216 of title 18 is repealed, and the section analysis of 
chapter 11 for section 216 be amended to read: 
"216. Repealed.". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2147 
PART G—BANK FRAUD 
SEC. 1108. (a) Chapter 63 of title 18 of the United States Code is 
amended by adding a new section as follows: 
"§ 1344. Bank fraud 
18 USC 1344. 
"(a) Whoever knowingly executes, or attempts to execute, a 
scheme or artifice— 
"(1) to defraud a federally chartered or insured financial 
institution; or 
"(2) to obtain any of the moneys, funds, credits, assets, securi-
ties or other property owned by or under the custody or control 
of a federally chartered or insured financial institution by 
means of false or fraudulent pretenses, representations, or 
promises, shall be fined not more than $10,000, or imprisoned 
not more than five years, or both. 
"(b) As used in this section, the term 'federally chartered or 
insured financial institution' means— 
"(1) a bank with deposits insured by the Federal Deposit 
Insurance Corporation; 
"(2) an institution with accounts insured by the Federal 
Savings and Loan Insurance Corporation; 
"(3) a credit union with accounts insured by the National 
Credit Union Administration Board; 
"(4) a Federal home loan bank or a member, as defined in 
section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), 
of the Federal home loan bank system; or 
"(5) a bank, banking association, land bank, intermediate 
credit bank, bank for cooperatives, production credit associa-
tion, land bank 
association, mortgage association, 
trust 
company, savings bank, or other banking or financial institu-
tion organized or operating under the laws of the United 
States.". 
0)) The analysis for chapter 63 of title 18 of the United States Code 
is amended by adding at the end thereof the following: 
"1344. Bank fraud.". 
PART H—POSSESSION OF CONTRABAND IN PRISON 
SEC. 1109. (a) Section 1791 of title 18, United States Code is 
amended to read as follows: 
*'§ 1791. Providing or possessing contraband in prison 
"(a) OFFENSE.—A person commits an offense if, in violation of a 
statute, or a regulation, rule, or order issued pursuant thereto— 
"(1) he provides, or attempts to provide, to an inmate of a 
Federal penal or correctional facility— 
"(A) a firearm or destructive device; 
"(B) any other weapon or object that may be used as a 
weapon or as a means of facilitating escape; 
"(C) a narcotic drug as defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 802); 
"(D) a controlled substance, other than a narcotic drug, £is 
defined in section 102 of the Controlled Substances Act (21 
U.S.C. 802), or an alcoholic beverage; 
"(E) United States currency; or 
98 STAT. 2148 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(F) any other object; or 
"(2) being an inmate of a Federal penal or correctional 
facility, he makes, possesses, procures, or otherwise provides 
himself with, or attempts to make, possess, procure, or other-
wise provide himself with, anything described in paragraph (1). 
"(b) GRADING.—An offense described in this section is punishable 
b y -
"(1) imprisonment for not more than ten years, a fine of not 
more than $25,000, or both, if the object is anything set forth in 
paragraph (IXA); 
"(2) imprisonment for not more than five years, a fine of not 
more than $10,000, or both, if the object is anything set forth in 
paragraph (1 KB) or (1)(C); 
"(3) imprisonment for not more than one year, a fine of not 
more than $5,000, or both, if the object is anything set forth in 
paragraph (1)(D) or (1)(E); and 
"(4) imprisonment for not more than six months, a fine of not 
more than $1,000, or both, if the object is any other object. 
"(c) DEFINITIONS.—As used in this section, 'firearm' and 'destruc-
tive device' have the meaning given those terms, respectively, in 18 
U.S.C. 921(a) (3) and (4).". 
(b) Section 1792 of title 18, United States Code, is amended to read 
as follows: 
"§ 1792. Mutiny and riot prohibited 
"Whoever instigates, connives, willfully attempts to cause, assists, 
or conspires to cause any mutiny or riot, at any Federal penal or 
correctional facility, shall be imprisoned not more than ten years or 
fined not more than $25,000, or both."; 
(c) The analysis at the beginning of chapter 87 of title 18, United 
States Code, is amended to read as follows: 
"CHAPTER 87 
"Sec 
"1791. Providing or possessing contraband in prison. 
"1792. Mutiny and riot prohibited.". 
(d) Chapter 301 of title 18, United States Code, is amended by 
adding at the end thereof the following new section: 
18 use 4012. 
"§ 4012. Summary seizure and forfeiture of prison contraband 
"An officer or employee of the Bureau of Prisons may, pursuant to 
rules and regulations of the Director of the Bureau of Prisons, 
summarily seize any object introduced into a Federal penal or 
correctional facility or possessed by an inmate of such a facility in 
violation of a rule, regulation or order promulgated by the Director, 
and such object shall be forfeited to the United States."; and 
(e) The analysis at the beginning of chapter 301 of title 18, United 
States Code, is amended by adding after the item relating to section 
4011 the following: 
"4012. Summary seizure and forfeiture of prison contraband.". 
Livestock Fraud 
P A R T I—LIVESTOCK F R A U D 
Protection Act. 
18 use 641 note. 
SEC. 1110. This Part may be cited as the "Livestock Fraud Protec-
tion Act". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2149 
SEC. 1111. Chapter 31 of title 18, United States Code, is amended 
by adding a new section 667 to read as follows: 
'•§ 667. Theft of livestock 
"Whoever obtains or uses the property of another which has a 
value of $10,000 or more in connection with the marketing of 
livestock in interstate or foreign commerce with intent to deprive 
the other of a right to the property or a benefit of the property or to 
appropriate the property to his own use or the use of another shall 
be fined not more than $10,000 or imprisoned not more than five 
years, or both.". 
SEC. 1112. The analysis of chapter 31 of title 18, United States 
Code, is amended by inserting at the end thereof the following new 
item: 
"667. Theft of livestock.". 
SEC. 1113. Section 2316 of title 18, United States Code, is amended 
by striking out "cattle" each place it appears in the section heading 
and in the text and inserting in lieu thereof in such instance 
"livestock". 
SEC. 1114. Section 2317 of title 18, United States Code, is amended 
by striking "cattle" each place it appears in the section heading and 
in the text and inserting in lieu thereof in such instance "livestock". 
SEC. 1115. The analysis of chapter 113 of title 18, United States 
Code, is amended by striking out "cattle" in sections 2316 and 2317 
and inserting in lieu thereof "livestock". 
PART J—18 U.S.C. 219 AMENDMENT 
SEC. 1116. Section 219 of title 18, United States Code, is amended 
by: 
(1) striking out "an officer or employee" and inserting in lieu 
thereof "a public official"; and 
(2) adding at the end thereof the following new paragraph: 
"For the purpose of this section 'public official' means Member of 
Congress, the Delegate from the District of Columbia, or Resident 
Commissioner, either before or after he has qualified, or an officer 
or employee or person acting for or on behalf of the United States, 
or any department, agency, or branch of Governments thereof, 
including the District of Columbia, in any official function, under or 
by authority of any such department, agency, or branch of Govern-
ment, or a juror.". 
CHAPTER XII—PROCEDURAL AMENDMENTS 
PART A—PROSECUTION OF CERTAIN JUVENILES AS ADULTS 
SEC. 1201. (a) The first paragraph of section 5032 of title 18 of the 
United States Code is amended to read as follows: 
"A juvenile alleged to have committed an act of juvenile delin-
quency, other than a violation of law committed within the special 
maritime and territorial jurisdiction of the United States for which 
the maximum authorized term of imprisonment does not exceed six 
months, shall not be proceeded against in any court of the United 
States unless the Attorney General, after investigation, certifies to 
the appropriate district court of the United States that (1) the 
juvenile court or other appropriate court of a State does not have 
Ante, p. 2143. 
18 u s e 667. 
Marketing. 
Crimes and 
misdemeanors. 
Post, p. 2150. 
98 STAT. 2150 
PUBLIC LAW 98-473—OCT. 12, 1984 
jurisdiction or refuses to assume jurisdiction over said juvenile with 
respect to such alleged act of juvenile delinquency, (2) the State does 
not have available programs and services adequate for the needs of 
juveniles, or (3) the offense charged is a crime of violence that is a 
felony or an offense described in section 841, 952(a), 955, or 959 of 
21 use 841, 952, title 21, and that there is a substantial Federal interest in the case 
955, 959. 
or the offense to warrant the exercise of Federal jurisdiction." 
Ante, p. 2149. 
(b) The fourth paragraph of section 5032 of title 18 of the United 
States Code is amended— 
(1) by striking "punishable by a maximum term of ten years 
imprisonment or more, life imprisonment or death," and insert-
ing in lieu thereof: "that is a crime of violence or an offense 
described in section 841, 952(a), 955, or 959 of title 21,"; 
(2) by striking out "sixteen" and "sixteenth" and inserting in 
lieu thereof "fifteen" and "fifteenth" respectively; and 
(3) by striking out the period at the end of the paragraph and 
inserting in lieu thereof: "; however, a juvenile who is alleged to 
have committed an act after his sixteenth birthday which if 
committed by an adult would be a felony offense that has as an 
element thereof the use, attempted use, or threatened use of 
physical force against the person of another, or that, by its very 
nature, involves a substantial risk that physical force against 
the person of another may be used in committing the offense, or 
would be an offense described in section 32, 81, 844 (d), (e), (f), 
Post, p. 2187; 18 
(h), (i) or 2275 of this title, and who has previously been found 
use 81, 844; 
guilty of an act which if committed by an adult would have been 
U^C 2275 
^"^ ^^ *^® offenses set forth in this subsection or an offense in 
violation of a State felony statute that would have been such an 
offense if a circumstance giving rise to Federal jurisdiction had 
existed, shall be transferred to the appropriate district court of 
the United States for criminal prosecution."; and 
(c) Section 5032 of title 18 of the United States Code is further 
amended by adding at the end thereof the following: 
"Whenever a juvenile transferred to district court under this 
section is not convicted of the crime upon which the transfer was 
based or another crime which would have warranted transfer had 
the juvenile been initially charged with that crime, further proceed-
ings concerning the juvenile shall be conducted pursuant to the 
provisions of this chapter. 
"Any proceedings against a juvenile under this chapter or as an 
adult shall not be commenced until any prior juvenile court records 
of such juvenile have been received by the court, or the clerk of the 
juvenile court has certified in writing that the juvenile has no prior 
record, or that the juvenile's record is unavailable and why it is 
unavailable. 
"Whenever a juvenile is adjudged delinquent pursuant to the 
provisions of this chapter, the specific acts which the juvenile has 
been found to have committed shall be described as part of the 
official record of the proceedings and part of the juvenile's official 
record.". 
SEC. 1202. Section 5038 of title 18 of the United States Code is 
amended to read as follows: 
Confidentiality. 
"§ 5038. Use of juvenile records 
"(a) Throughout and upon the completion of the juvenile delin-
quency proceeding, the records shall be safeguarded from disclosure 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2151 
to unauthorized persons. The records shall be released to the extent 
necessary to meet the following circumstances: 
"(1) inquiries received from another court of law; 
"(2) inquiries from an agency preparing a presentence report 
for another court; 
"(3) inquiries from law enforcement agencies where the re-
quest for information is related to the investigation of a crime 
or a position within that agency; 
"(4) inquiries, in writing, from the director of a treatment 
agency or the director of a facility to which the juvenile has 
been committed by the court; 
"(5) inquiries from an agency considering the person for a 
position immediately and directly affecting the national secu-
rity; and 
"(6) inquiries from any victim of such juvenile delinquency, or 
if the victim is deceased from the immediate family of such 
victim, related to the final disposition of such juvenile by the 
court in accordance with section 5037. 
18 USC 5037. 
Unless otherwise authorized by this section, information about the 
juvenile record may not be released when the request for informa-
tion is related to an application for employment, license, bonding, or 
any civil right or privilege. Responses to such inquiries shall not be 
different from responses made about persons who have never been 
involved in a delinquency proceeding. 
"(b) District courts exercising jurisdiction over any juvenile shall 
inform the juvenile, and his parent or guardian, in writing in clear 
and nontechnical language, of rights relating to his juvenile record. 
"(c) During the course of any juvenile delinquency proceeding, all 
information and records relating to the proceeding, which are ob-
tained or prepared in the discharge of an official duty by an 
employee of the court or an employee of any other governmental 
agency, shall not be disclosed directly or indirectly to anyone other 
than the judge, counsel for the juvenile and the Government, or 
others entitled under this section to receive juvenile records. 
"(d) Whenever a juvenile is found guilty of committing an act 
which if committed by an adult would be a felony that is a crime of 
violence or an offense described in section 841, 952(a), 955, or 959 of 
title 21, such juvenile shall be fingerprinted and photographed. 
21 USC 841, 952, 
Except a juvenile described in subsection (f), fingerprints and photo- 
^^^' 959-
graphs of a juvenile who is not prosecuted as an adult shall be made 
available only in accordance with the provisions of subsection (a) of 
this section. Fingerprints and photographs of a juvenile who is 
prosecuted as an adult shall be made available in the manner 
applicable to adult defendants. 
"(e) Unless a juvenile who is taken into custody is prosecuted as 
Public 
an adult neither the name nor picture of any juvenile shall be made 
information. 
public in connection with a juvenile delinquency proceeding. 
"(f) Whenever a juvenile has on two separate occasions been found 
guilty of committing an act which if committed by an adult would be 
a felony crime of violence or an offense described in section 841, 
952(a), 955, or 959 of title 21, the court shall transmit to the Federal 
Bureau of Investigation, Identification Division, the information 
concerning the adjudications, including name, date of adjudication, 
court, offenses, and sentence, along with the notation that the 
matters were juvenile adjudications.". 
98 STAT. 2152 
PUBLIC LAW 98-473—OCT. 12, 1984 
PART B—WIRETAP AMENDMENTS 
SEC. 1203. (a) Section 2518(7) of title 18 of the United States Code 
is amended by inserting ", the Deputy Attorney General, the Associ-
ate Attorney General," after the words "Attorney General". 
(b) Paragraph (a) of section 2518(7) of title 18 of the United States 
Code is amended to read as follows: 
"(a) an emergency situation exists that involves— 
"(i) immediate danger of death or serious physical injury 
to any person, 
"(ii) conspiratorial activities threatening the national 
security interest, or 
"(iii) conspiratorial activities characteristic of organized 
crime, 
that requires a wire or oral communication to be intercepted 
before an order authorizing such interception can, with due 
diligence, be obtained, and". 
(c) Subsection (1) of section 2516 of title 18 of the United States 
Code is amended— 
(1) in paragraph (c) by adding "section 1343 (fraud by wire, 
radio, or television), section 2252 or 2253 (sexual exploitation of 
children)," after "section 664 (embezzlement from pension and 
welfare funds),"; 
(2) again in paragraph (c) by deleting "section 1503" and 
substituting "sections 1503, 1512, and 1513"; 
(3) by deleting the "or" at the end of paragraph (f), by 
redesignating present paragraph "(g)" as "(h)", and by inserting 
a new paragraph (g) as follows: 
"(g) a violation of section 5322 of title 31, United States Code 
(dealing with the reporting of currency transactions); or" and 
(4) in the first paragraph by inserting the words "Deputy 
Attorney General, Associate Attorney General," after the words 
"Attorney General.". 
Mail. 
Commerce and 
trade. 
Imports. 
Repeal. 
PART C—EXPANSION OF VENUE FOR THREAT OFFENSES 
SEC. 1204. (a) The second paragraph of subsection (a) of section 
3237 of title 18, United States Code is amended to read as follows: 
"Any offense involving the use of the mails, transportation in 
interstate or foreign commerce, or the importation of an object or 
person into the United States is a continuing offense and, except as 
otherwise expressly provided by enactment of Congress, may be 
inquired of and prosecuted in any district from, through, or into 
which such commerce, mail matter, or imported object or person 
moves.". 
(b) Section 3239 of title 18 of the United States Code is deleted, and 
amend section analysis accordingly. 
Ante, p. 2147. 
18 u s e 1345. 
PART D—INJUNCTIONS AGAINST FRAUD 
SEC. 1205. (a) Chapter 63 of title 18 of the United States Code is 
amended by adding at the end thereof a new section 1345 as follows: 
"§ 1345. Injunctions against fraud 
"Whenever it shall appear that any person is engaged or is about 
to engage in any act which constitutes or will constitute a violation 
of this chapter, the Attorney General may initiate a civil proceeding 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2153 
in a district court of the United States to enjoin such violation. The 
court shall proceed as soon as practicable to the hearing and deter-
mination of such an action, and may, at any time before final 
determination, enter such a restraining order or prohibition, or take 
such other action, as is warranted to prevent a continuing and 
substantial injury to the United States or to any person or class of 
persons for whose protection the action is brought. A proceeding 
under this section is governed by the Federal Rules of Civil Proce-
dure, except that, if an indictment has been returned against the 
respondent, discovery is governed by the Federal Rules of Criminal 
Procedure.". 
(b) The analysis at the beginning of chapter 63 of title 18 is 
amended by adding after the item relating to section 1343 the 
following: 
"1345. Injunctions against fraud.". 
PART E—GOVERNMENT APPEAL OF POST-CONVICTION NEW TRIAL 
ORDERS 
SEC. 1206. The first paragraph of section 3731 of title 18 of the 
United States Code is amended by adding, after "indictment or 
information" the words, "or granting a new trial after verdict or 
judgment,". 
PART F—WITNESS PROTECTION 
28 u s e app. 
18 u s e app. 
S U B P A R T A 
Witness Security 
Reform Act of 
SEC. 1207. This subpart may be cited as the "Witness Security 
1984. 
Reform Act of 1984". 
18 use 3521 
note. 
AUTHORITIES OF ATTORNEY GENERAL 
SEC. 1208. Part II of title 18, United States Code, is amended by 
inserting after chapter 223 the following new chapter: 
"CHAPTER 224—PROTECTION OF WITNESSES 
"Sec. 
"3521. Witness relocation and protection. 
"3522. Probationers and parolees. 
"3523. Civil judgments. 
"3524. Child custody arrangements. 
"3525. Victims Compensation Fund. 
"3526. Cooperation of other Federal agencies and State governments. 
"3527. Additional authority of Attorney General. 
"3528. Definition. 
"§ 3521. Witness relocation and protection 
18 use 3521. 
"(aXD The Attorney General may provide for the relocation and 
other protection of a witness or a potential witness for the Federal 
Government or for a State government in an official proceeding 
concerning an organized criminal activity or other serious offense, if 
the Attorney General determines that an offense involving a crime 
of violence directed at the witness with respect to that proceeding, 
an offense set forth in chapter 73 of this title directed at the witness, 
18 use 1501 et 
or a State offense that is similar in nature to either such offense, is s^9-
likely to be committed. The Attorney General may also provide for 
the relocation and other protection of the immediate family of, or a 
person otherwise closely associated with, such witness or potential 
31-194 - 0 - 86 - 32 : 
QL. 3 Part 2 
98 STAT. 2154 
PUBLIC LAW 98-473—OCT. 12, 1984 
Guidelines. 
Claims. 
Confidentiality. 
Records. 
witness if the family or person may also be endangered on account 
of the participation of the witness in the judicial proceeding. 
"(2) The Attorney General shall issue guidelines defining the 
types of cases for which the exercise of the authority of the Attorney 
General contained in paragraph (1) would be appropriate. 
"(3) The United States and its officers and employees shall not be 
subject to any civil liability on account of any decision to provide or 
not to provide protection under this chapter. 
"(bXD In connection with the protection under this chapter of a 
witness, a potential witness, or an immediate family member or 
close associate of a witness or potential witness, the Attorney Gen-
eral shall take such action as the Attorney General determines to be 
necessary to protect the person involved from bodily injury and 
otherwise to assure the health, safety, and welfare of that person, 
including the psychological well-being and social adjustment of that 
person, for as long as, in the judgment of the Attorney General, the 
danger to that person exists. The Attorney General may, by 
regulation— 
"(A) provide suitable documents to enable the person to estab-
lish a new identity or otherwise protect the person; 
"(B) provide housing for the person; 
"(C) provide for the transportation of household furniture and 
other personal property to a new residence of the person; 
"(D) provide to the person a payment to meet basic living 
expenses, in a sum established in accordance with regulations 
issued by the Attorney General, for such times as the Attorney 
General determines to be warranted; 
"(E) assist the person in obtaining employment; 
"(F) provide other services necessary to assist the person in 
becoming self-sustaining; 
"(G) disclose or refuse to disclose the identity or location of 
the person relocated or protected, or any other matter concern-
ing the person or the program after weighing the danger such a 
disclosure would pose to the person, the detriment it would 
cause to the general effectiveness of the program, and the 
benefit it would afford to the public or to the person seeking 
the disclosure, except that the Attorney General shall, upon the 
request of State or local law enforcement officials or pursuant to 
a court order, without undue delay, disclose to such officials the 
identity, location, criminal records, and fingerprints relating to 
the person relocated or protected when the Attorney General 
knows or the request indicates that the person is under investi-
gation for or has been arrested for or charged with an offense 
that is punishable by more than one year in prison or that is a 
crime of violence; and 
"(H) exempt procurement for services, materials, and sup-
plies, and the renovation and construction of safe sites within 
existing buildings from other provisions of law as may be 
required to maintain the security of protective witnesses and 
the integrity of the Witness Security Program. 
The Attorney General shall establish an accurate, efficient, and 
effective system of records concerning the criminal history of per-
sons provided protection under this chapter in order to provide the 
information described in subparagraph. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2155 
"(2) Deductions shall be made from any payment made to a person 
pursuant to paragraph (1)(D) to satisfy obligations of that person for 
family support payments pursuant to a State court order. 
"(3) Any person who, without the authorization of the Attorney 
Confidentiality. 
General, knowingly discloses any information received from the 
Penalties. 
Attorney General under paragraph (IXG) shall be fined $5,000 or 
imprisoned five years, or both. 
"(c) Before providing protection to any person under this chapter, 
the Attorney General shall, to the extent practicable, obtain infor-
mation relating to the suitability of the person for inclusion in the 
program, including the criminal history, if any, and a psychological 
evaluation of, the person. The Attorney General shall also make a 
written assessment in each case of the seriousness of the investiga-
tion or case in which the person's information or testimony has been 
or will be provided and the possible risk of danger to other persons 
and property in the community where the person is to be relocated 
and shall determine whether the need for that person's testimony 
outweighs the risk of danger to the public. In assessing whether a 
person should be provided protection under this chapter, the Attor-
ney General shall consider the person's criminal record, alternatives 
to providing protection under this chapter, the possibility of secur-
ing similar testimony from other sources, the need for protecting the 
person, the relative importance of the person's testimony, results of 
psychological examinations, whether providing such protection will 
substantially infringe upon the relationship between a child who 
would be relocated in connection with such protection and that 
child's parent who would not be so relocated, and such other factors 
as the Attorney General considers appropriate. The Attorney Gen-
eral shall not provide protection to any person under this chapter if 
the risk of danger to the public, including the potential harm to 
innocent victims, outweighs the need for that person's testimony. 
This subsection shall not be construed to authorize the disclosure of 
Confidentiality, 
the written assessment made pursuant to this subsection. 
"(d)(1) Before providing protection to any person under this 
chapter, the Attorney General shall enter into a memorandum of 
understanding with that person. Each such memorandum of under-
standing shall set forth the responsibilities of that 
person, 
including— 
"(A) the agreement of the person, if a witness or potential 
witness, to testify in and provide information to all appro-
priate law enforcement officials concerning all appropriate 
proceedings; 
"(B) the agreement of the person not to commit any crime; 
"(C) the agreement of the person to take all necessary steps to 
avoid detection by others of the facts concerning the protection 
provided to that person under this chapter; 
"(D) the agreement of the person to comply with legal obliga-
tions and civil judgments against that person; 
"(E) the agreement of the person to cooperate with all reason-
able requests of officers and employees of the Government who 
are providing protection under this chapter; 
"(F) the agreement of the person to designate another person 
to act as agent for the service of process; 
98 STAT. 2156 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(G) the agreement of the person to make a sworn statement 
of all outstanding legal obligations, including obligations con-
cerning child custody and visitation; 
"(H) the agreement of the person to disclose any probation or 
parole responsibilities, and if the person is on probation or 
parole under State law, to consent to Federal supervision in 
Post, p. 2157. 
accordance with section 3522 of this title; and 
"(I) the agreement of the person to regularly inform the 
appropriate program official of the activities and current 
address of such person. 
Each such memorandum of understanding shall also set forth the 
protection which the Attorney General has determined will be 
provided to the person under this chapter, and the procedures to be 
followed in the case of a breach of the memorandum of understand-
ing, as such procedures are established by the Attorney General. 
Such procedures shall include a procedure for filing and resolution 
of grievances of persons provided protection under this chapter 
regarding the administration of the program. This procedure shall 
include the opportunity for resolution of a grievance by a person 
who was not involved in the case. 
"(2) The Attorney General shall enter into a separate memoran-
dum of understanding pursuant to this subsection with each person 
protected under this chapter who is eighteen years of age or older. 
The memorandum of understanding shall be signed by the Attorney 
General and the person protected. 
"(3) The Attorney General may delegate the responsibility initi-
ally to authorize protection under this chapter only to the Deputy 
Attorney General, to the Associate Attorney General, to the Assist-
ant Attorney General in charge of the Criminal Division of the 
Departinent of Justice, to the Assistant Attorney General in charge 
of Civil Rights Division of the Department of Justice (insofar as the 
delegation relates to a criminal civil rights case), and to one other 
officer or employee of the Department of Justice. 
"(e) If the Attorney General determines that harm to a person for 
Ante, p. 2153. 
whom protection may be provided under section 3521 of this title is 
imminent or that failure to provide immediate protection would 
otherwise seriously jeopardize an ongoing investigation, the Attor-
ney General may provide temporary protection to such person 
under this chapter before making the written assessment and deter-
mination required by subsection (c) of this section or entering into 
the memorandum of understanding required by subsection (d) of this 
section. In such a case the Attorney General shall make such 
assessment and determination and enter into such memorandum of 
understanding without undue delay after the protection is initiated. 
Termination. 
"(f) The Attorney General may terminate the protection provided 
Children and 
under this chapter to any person who substantially breaches the 
yout^i 
memorandum of understanding entered into between the Attorney 
General and that person pursuant to subsection (d), or who provides 
false information concerning the memorandum of understanding or 
the circumstances pursuant to which the person was provided pro-
tection under this chapter, including information with respect to the 
nature and circumstances concerning child custody and visitation. 
Before terminating such protection, the Attorney General shall send 
notice to the person involved of the termination of the protection 
provided under this chapter and the reasons for the termination. 
The decision of the Attorney General to terminate such protection 
shall not be subject to judicial review. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2157 
"§ 3522. Probationers and parolees 
18 use 3522. 
"(a) A probation officer may, upon the request of the Attorney 
General, supervise any person provided protection under this chap-
ter who is on probation or parole under State law, if the State 
involved consents to such supervision. Any person so supervised 
shall be under Federal jurisdiction during the period of supervision 
and shall, during that period be subject to all laws of the United 
States which pertain to parolees. 
"(b) The failure by any person provided protection under this 
chapter who is supervised under subsection (a) to comply with the 
memorandum of understanding entered into by that person pursu-
ant to section 3521(d) of this title shall be grounds for the revocation 
Ante, p. 2153. 
of probation or parole, as the case may be. 
"(c) The United States Parole Commission and the Chairman of 
the Commission shall have the same powers and duties with respect 
to a probationer or parolee transferred from State supervision pur-
suant to this section as they have with respect to an offender 
convicted in a court of the United States and paroled under chapter 
311 of this title. The provisions of sections 4201 through 4204, 4205 
Ante, p. 2027. 
(a), (e), and (h), 4206 through 4216, and 4218 of this title shall apply 
18 USC 4201 et 
following a revocation of probation or parole under this section. 
*^9-
"(d) If a person provided protection under this chapter who is on 
Penalties, 
probation or parole and is supervised under subsection (a) of this 
section has been ordered by the State court which imposed sentence 
on the person to pay a sum of money to the victim of the offense 
involved for damage caused by the offense, that penalty or award of 
damages may be enforced as though it were a civil judgment ren-
dered by a United States district court. Proceedings to collect the 
moneys ordered to be paid may be instituted by the Attorney 
General in any United States district court. Moneys recovered 
pursuant to such proceedings shall be distributed to the victim. 
"§3523. Civil judgments 
"(a) If a person provided protection under this chapter is named as 
a defendant in a civil cause of action arising prior to or during the 
period in which the protection is provided, process in the civil 
proceeding may be served upon that person or an agent designated 
by that person for that purpose. The Attorney General shall make 
reasonable efforts to serve a copy of the process upon the person 
protected at the person's last known address. The Attorney General 
shall notify the plaintiff in the action whether such process has been 
served. If a judgment in such action is entered against that person 
the Attorney General shall determine whether the person has made 
reasonable efforts to comply with the judgment. The Attorney Gen-
eral shall take appropriate steps to urge the person to comply with 
the judgment. If the Attorney General determines that the person 
has not made reasonable efforts to comply with the judgment, the 
Attorney General may, after considering the danger to the person 
and upon the request of the person holding the judgment disclose 
the identity and location of the person to the plaintiff entitled to 
recovery pursuant to the judgment. Any such disclosure of the 
identity and location of the person shall be made upon the express 
condition that further disclosure by the plaintiff of such identity or 
location may be made only if essential to the plaintiffs efforts to 
recover under the judgment, and only to such additional persons as 
is necessary to effect the recovery. Any such disclosure or nondisclo- 
Claims. 
Confidentiality. 
18 USC 3523. 
98 STAT. 2158 
PUBLIC LAW 98-473—OCT. 12, 1984 
sure by the Attorney General shall not subject the United States 
and its officers or employees to any civil liability. 
Confidentiality. 
"(b)(1) Any person who holds a judgment entered by a Federal or 
State court in his or her favor against a person provided protection 
under this chapter may, upon a decision by the Attorney General to 
deny disclosure of the current identity and location of such 
protected person, bring an action against the protected person in 
the United States district court in the district where the person 
holding the judgment (hereinafter in this subsection referred to as 
the 'petitioner') resides. Such action shall be brought within one 
hundred and twenty days after the petitioner requested the Attor-
ney General to disclose the identity and location of the protected 
person. The complaint in such action shall contain statements that 
the petitioner holds a valid judgment of a Federal or State court 
against a person provided protection under this chapter and that the 
petitioner sought to enforce the judgment by requesting the Attor-
ney General to disclose the identity and location of the protected 
person. 
"(2) The petitioner in an action described in paragraph (1) shall 
notify the Attorney General of the action at the same time the 
action is brought. The Attorney General shall appear in the action 
and shall affirm or deny the statements in the complaint that the 
person against whom the judgment is allegedly held is provided 
protection under this chapter and that the petitioner requested the 
Attorney General to disclose the identity and location of the 
protected person for the purpose of enforcing the judgment. 
"(3) Upon a determination (A) that the petitioner holds a judg-
ment entered by a Federal or State court and (B) that the Attorney 
General has declined to disclose to the petitioner the current 
identity and location of the protected person against whom the 
judgment was entered, the court shall appoint a guardian to act on 
behalf of the petitioner to enforce the judgment. The clerk of the 
court shall forthwith furnish the guardian with a copy of the order 
of appointment. The Attorney General shall disclose to the guardian 
the current identity and location of the protected person and any 
other information necessary to enable the guardian to carry out his 
or her duties under this subsection. 
•'(4) It is the duty of the guardian to proceed with all reasonable 
diligence and dispatch to enforce the rights of the petitioner under 
the judgment. The guardian shall, however, endeavor to carry out 
such enforcement duties in a manner that maximizes, to the extent 
practicable, the safety and security of the protected person. In no 
event shall the guardian disclose the new identity or location of the 
protected person without the permission of the Attorney General, 
except that such disclosure may be made to a Federal or State court 
Claims. 
in order to enforce the judgment. Any good faith disclosure made by 
the guardian in the performance of his or her duties under this 
subsection shall not create any civil liability against the United 
States or any of its officers or employees. 
"(5) Upon appointment, the guardian shall have the power to 
perform any act with respect to the judgment which the petitioner 
could perform, including the initiation of judicial enforcement ac-
tions in any Federal or State court or the assignment of such 
enforcement actions to a third party under applicable Federal or 
28 use app. 
State law. The Federal Rules of Civil Procedure shall apply in any 
action brought under this subsection to enforce a Federal or State 
court judgment. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2159 
"(6) The costs of any action brought under this subsection with 
respect to a judgment, including any enforcement action described 
in paragraph (5), and the compensation to be allowed to a guardian 
appointed in any such action shall be fixed by the court and shall be 
apportioned among the parties as follows: the petitioner shall be 
assessed in the amount the petitioner would have paid to collect on 
the judgment in an action not arising under the provisions of this 
subsection; the protected person shall be assessed the costs which 
are normally charged to debtors in similar actions and any other 
costs which are incurred as a result of an action brought under this 
subsection. In the event that the costs and compensation to the 
guardian are not met by the petitioner or by the protected person, 
the court may, in its discretion, enter judgment against the United 
States for costs and fees reasonably incurred as a result of the action 
brought under this subsection. 
"(7) No officer or employee of the Department of Justice shall in 
any way impede the efforts of a guardian appointed under this 
subsection to enforce the judgment with respect to which the 
guardian was appointed. 
"(c) The provisions of this section shall not apply to a court order 
to which section 3524 of this title applies. 
"§ 3524. Child custody arrangements 
"(a) The Attorney General may not relocate any child in connec-
tion with protection provided to a person under this chapter if it 
appears that a person other than that protected person has legal 
custody of that child. 
"(b) Before protection is provided under this chapter to any person 
(1) who is a parent of a child of whom that person has custody, and 
(2) who has obligations to another parent of that child with respect 
to custody or visitation of that child under a court order, the 
Attorney General shall obtain and examine a copy of such order for 
the purpose of assuring that compliance with the order can be 
achieved. If compliance with a visitation order cannot be achieved, 
the Attorney General may provide protection under this chapter to 
the person only if the parent being relocated initiates legal action to 
modify the existing court order under subsection (e)(1) of this sec-
tion. The parent being relocated must agree in writing before being 
provided protection to abide by any ensuing court orders issued as a 
result of an action to modify. 
"(c) With respect to any person provided protection under this 
chapter (1) who is the parent of a child who is relocated in connec-
tion with such protection and (2) who has obligations to another 
parent of that child with respect to custody or visitation of that child 
under a State court order, the Attorney General shall, as soon as 
practicable after the person and child are so relocated, notify in 
writing the child's parent who is not so relocated that the child has 
been provided protection under this chapter. The notification shall 
also include statements that the rights of the parent not so relocated 
to visitation or custody, or both, under the court order shall not be 
infringed by the relocation of the child and the Department of 
Justice responsibility with respect thereto. The Department of Jus-
tice will pay all reasonable costs of transportation and security 
incurred in insuring that visitation can occur at a secure location as 
designated by the United States Marshals Service, but in no event 
shall it be obligated to pay such costs for visitation in excess of 
thirty days a year, or twelve in number a year. Additional visitation 
Claims. 
Prohibition. 
State and local 
governments. 
18 use 3524. 
98 STAT. 2160 
PUBLIC LAW 98-473—OCT. 12, 1984 
may be paid for, in the discretion of the Attorney General, by the 
Department of Justice in extraordinary circumstances. In the event 
that the unrelocated parent pays visitation costs, the Department of 
Justice may, in the discretion of the Attorney General, extend 
security arrangements associated with such visitation. 
"(d)(1) With respect to any person provided protection under this 
chapter (A) who is the parent of a child who is relocated in connec-
tion with such protection and (B) who has obligations to another 
parent of that child with respect to custody or visitation of that child 
under a court order, an action to modify that court order may be 
brought by any party to the court order in the District Court for the 
District of Columbia or in the district court for the district in which 
the child's parent resides who has not been relocated in connection 
with such protection. 
"(2) With respect to actions brought under paragraph (1), the 
district courts shall establish a procedure to provide a reasonable 
opportunity for the parties to the court order to mediate their 
dispute with respect to the order. The court shall provide a mediator 
for this purpose. If the dispute is mediated, the court shall issue an 
order in accordance with the resolution of the dispute. 
"(3) If, within sixty days after an action is brought under para-
graph (1) to modify a court order, the dispute has not been mediated, 
any party to the court order may request arbitration of the dispute. 
In the case of such a request, the court shall appoint a master to act 
as arbitrator, who shall be experienced in domestic relations mat-
28 use app. 
ters. Rule 53 of the Federal Rules of Civil Procedure shall apply to 
masters appointed under this paragraph. The court and the master 
shall, in determining the dispute, give substantial deference to the 
need for maintaining parent-child relationships, and any order 
issued by the court shall be in the best interests of the child. In 
actions to modify a court order brought under this subsection, the 
court and the master shall apply the law of the State in which the 
court order was issued or, in the case of the modification of a court 
order issued by a district court under this section, the law of the 
State in which the parent resides who was not relocated in connec-
tion with the protection provided under this chapter. The costs to 
the Government of carrying out a court order may be considered in 
an action brought under this subsection to modify that court order 
but shall not outweigh the relative interests of the parties them-
selves and the child. 
"(4) Until a court order is modified under this subsection, all 
parties to that court order shall comply with their obligations under 
that court order subject to the limitations set forth in subsection (c) 
of this section. 
"(5) With respect to any person provided protection under this 
chapter who is the parent of a child who is relocated in connection 
with such protection, the parent not relocated in connection with 
such protection may bring an action, in the District Court for the 
District of Columbia or in the district court for the district in which 
that parent resides, for violation by that protected person of a court 
order with respect to custody or visitation of that child. If the court 
finds that such a violation has occurred, the court may hold in 
contepipt the protected person. Once held in contempt, the protected 
person shall have a maximum of sixty days, in the discretion of the 
Confidentiality. 
Attorney General, to comply with the court order. If the protected 
person fails to comply with the order within the time specified by 
the Attorney General, the Attorney General shall disclose the new 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2161 
identity and address of the protected person to the other parent and 
terminate any financial assistance to the protected person unless 
otherwise directed by the court. 
"(6) The United States shall be required by the court to pay 
litigation costs, including reasonable attorneys' fees, incurred by a 
parent who prevails in enforcing a custody or visitation order; but 
shall retain the right to recover such costs from the protected 
person. 
"(e)(1) In any case in which the Attorney General determines that, 
as a result of the relocation of a person and a child of whom that 
person is a parent in connection with protection provided under this 
chapter, the implementation of a court order with respect to custody 
or visitation of that child would be substantially impossible, the 
Attorney General may bring, on behalf of the person provided 
protection under this chapter, an action to modify the court order. 
Such action may be brought in the district court for the district in 
which the parent resides who would not be or was not relocated in 
connection with the protection provided under this chapter. In an 
action brought under this paragraph, if the Attorney General estab-
lishes, by clear and convincing evidence, that implementation of the 
court order involved would be substantially impossible, the court 
may modify the court order but shall, subject to appropriate security 
considerations, provide an alternative as substantially equivalent to 
the original rights of the nonrelocating parent as feasible under the 
circumstances. 
"(2) With respect to any State court order in effect to which this 
section applies, and with respect to any district court order in effect 
which is issued under this section, if the parent who is not relocated 
in connection with protection provided under this chapter intention-
ally violates a reasonable security requirement imposed by the 
Attorney General with respect to the implementation of that court 
order, the Attorney General may bring an action in the district 
court for the district in which that parent resides to modify the 
court order. The court may modify the court order if the court finds 
such an intentional violation. 
"(3) The procedures for mediation and arbitration provided under 
subsection (d) of this section shall not apply to actions for modifica-
tion brought under this subsection. 
"(f) In any case in which a person provided protection under this 
chapter is the parent of a child of whom that person has custody and 
has obligations to another parent of that child concerning custody 
and visitation of that child which are not imposed by court order, 
that person, or the parent not relocated in connection with such 
protection, may bring an action in the district court of the district in 
which that parent not relocated resides to obtain an order providing 
for custody or visitation, or both, of that child. In any such action, 
all the provisions of subsection (d) of this section shall apply. 
"(g) In any case in which an action under this section involves 
court orders from different States with respect to custody or visita-
tion of the same child, the court shall resolve any conflicts by 
applying the rules of conflict of laws of the State in which the court 
is sitting. 
"(h)(1) Subject to paragraph (2), the costs of any action described 
in subsection (d), (e), or (f) of this section shall be paid by the United 
States. 
"(2) The Attorney General shall insure that any State court order 
in effect to which this section applies and any district court order in 
98 STAT. 2162 
PUBLIC LAW 98-473—OCT. 12, 1984 
Report. 
Appropriations 
authorization. 
Ante, p. 1987. 
effect which is issued under this section are carried out. The Depart-
ment of Justice shall pay all costs and fees described in subsections 
(c) and (d) of this section. 
"(i) As used in this section, the term 'parent' includes any person 
who stands in the place of a parent by law. 
18 use 3525. 
"§ 3525. Victims Compensation Fund 
"(a) The Attorney General may pay restitution to, or in the case of 
death, compensation for the death of any victim of a crime that 
causes or threatens death or serious bodily injury and that is 
committed by any person during a period in which that person is 
provided protection under this chapter. 
"(b) Not later than four months after the end of each fiscal year, 
the Attorney General shall transmit to the Congress a detailed 
report on payments made under this section for such year. 
"(c) There are authorized to be appropriated for the fiscal year 
1985 and for each fiscal year thereafter, $1,000,000 for payments 
under this section. 
"(d) The Attorney General shall establish guidelines and proce-
dures for making payments under this section. The payments to 
victims under this section shall be made for the types of expenses 
provided for in section 3579(b) of this title, except that in the case of 
the death of the victim, an amount not to exceed $50,000 may be 
paid to the victim's estate. No payment may be made under this 
section to a victim unless the victim has sought restitution and 
compensation provided under Federal or State law or by civil action. 
Such payments may be made only to the extent the victim, or the 
victim's estate, has not otherwise received restitution and compensa-
tion, including insurance payments, for the crime involved. Pay-
ments may be made under this section to victims of crimes occurring 
on or after the date of the enactment of this chapter. In the case of a 
crime occurring before the date of the enactment of this chapter, a 
payment may be made under this section only in the case of the 
death of the victim, and then only in an amount not exceeding 
$25,000, and such a payment may be made notwithstanding the 
requirements of the third sentence of this subsection. 
"(e) Nothing in this section shall be construed to create a cause of 
action against the United States. 
"§ 3526. Cooperation of other Federal agencies and State govern-
ments; reimbursement of expenses 
"(a) Each Federal agency shall cooperate with the Attorney Gen-
eral in carrying out the provisions of this chapter and may provide, 
on a reimbursable basis, such personnel and services as the Attor-
ney General may request in carrying out those provisions. 
"(b) In any case in which a State government requests the Attor-
ney General to provide protection to any person under this 
chapter— 
"(1) the Attorney General may enter into an agreement with 
that State government in which that government agrees to 
reimburse the United States for expenses incurred in providing 
protection to that person under this chapter; and 
"(2) the Attorney General shall enter into an agreement with 
that State government in which that government agrees to 
cooperate with the Attorney General in carrying out the provi-
sions of this chapter with respect to all persons. 
Claims. 
18 u s e 3526. 
Contracts. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2163 
"§ 3527. Additional authority of Attorney General 
"The Attorney General may enter into such contracts or other 
agreements as may be necessary to carry out this chapter. Any such 
contract or agreement which would result in the United States 
being obligated to make outlays may be entered into only to the 
extent and in such amount as may be provided in advance in an 
appropriation Act. 
"§ 3528. Definition 
"For purposes of this chapter, the term 'State' means each of the 
several States, the District of Columbia, the Commonwealth of 
Puerto Rico, and any territory or possession of the United States.". 
SEC. 1209. (a) The table of chapters for part II of title 18, United 
States Code, is amended by inserting after the item relating to 
chapter 223 the following new item: 
"224. Protection of witnesses 
3521". 
(b) Title V of the Organized Crime Control Act of 1970 (84 Stat. 
933) is repealed. 
SEC. 1210. This subpart and the amendments made by this subpart 
shall take effect on October 1,1984. 
Subpart B 
SEC. 1211. (a) Chapter 37 of title 28, United States Code, is 
amended by adding at the end the following new section: 
"§ 576. Reemployment rights 
"(a) A United States marshal for a judicial district who was 
appointed from a position in the competitive service (as defined in 
section 2102 of title 5) in the United States Marshals Service and 
who, for reasons other than misconduct, neglect of duty, or malfea-
sance, is removed from such office, is entitled to be reemployed in 
any vacant position in the competitive service in the United States 
Marshals Service at the same grade or pay level, or lower, as the 
individual's former position if— 
"(1) the individual is qualified for the vacant position; and 
"(2) the individual has made application for the position not 
later than ninety days after being removed from office as a 
United States marshal. 
Such individual shall be so reemployed within thirty days after 
making such application or after being removed from office, which-
ever is later. An individual denied reemployment under this section 
in a position because the individual is not qualified for that position 
may appeal that denial to the Merit Systems Protection Board 
under section 7701 of title 5. 
(b) Any United States marshal serving on the effective date of this 
section shall continue to serve for the remainder of the term for 
which such marshal was appointed, unless sooner removed by the 
President.". 
(c) The table of sections for chapter 37 of title 28, United States 
Code, is amended by adding at the end the following new item: 
"576. Reemployment rights.". 
SEC. 1212. The amendments made by this subpart shall take effect 
on October 1, 1984. 
Contracts. 
18 use 3527. 
18 u s e 3528. 
Repeal. 
18 use note 
prec. 3481. 
Effective date. 
18 use 3521 
note. 
28 use 576. 
5 use 2102. 
President of U.S. 
Effective date. 
28 use 576 note. 
98 STAT. 2164 
PUBLIC LAW 98-473—OCT. 12, 1984 
PART G—18 U.S.C. 951 AMENDMENTS 
SEC. 1209. Section 951 of title 18, United States Code, is amended 
b y -
(1) striking out "Secretary of State" and inserting in lieu 
thereof "Attorney General if required in subsection (b)"; 
(2) inserting "(a)" before "Whoever" and adding at the end of 
such subsection the following new subsections: 
Regulations. 
"(b) The Attorney General shall promulgate rules and regulations 
establishing requirements for notification. 
"(c) The Attorney General shall, upon receipt, promptly transmit 
one copy of each notification statement filed under this section to 
the Secretary of State for such comment and use as the Secretary of 
State may determine to be appropriate from the point of view of the 
foreign relations of the United States. Failure of the Attorney 
General to do so shall not be a bar to prosecution under this section. 
"(d) For purposes of this section, the term 'agent of a foreign 
government' means an individual who agrees to operate within the 
United States subject to the direction or control of a foreign govern-
i 
ment or official, except that such term does not include— 
"(1) a duly accredited diplomatic or consular officer of a 
foreign government, who is so recognized by the Department of 
State; 
"(2) any officially and publicly acknowledged and sponsored 
official or representative of a foreign government; 
"(3) any officially and publicly acknowledged and sponsored 
member of the staff of, or employee of, an officer, official, or 
representative described in paragraph (1) or (2), who is not a 
United States citizen; or 
"(4) any person engaged in a legal commercial transaction.". 
PART H—JURISDICTION OVER CRIMES BY UNITED STATES NATIONALS 
IN PLACES OUTSIDE THE JURISDICTION OF ANY NATION 
SEC. 1210. Section 7 of title 18, United States Code, is amended by 
adding a new paragraph, as follows: 
"(7) Any place outside the jurisdiction of any nation with 
respect to an offense by or against a national of the United 
States.". 
Report. 
PART I—DEPARTMENT OF JUSTICE INTERNAL OPERATIONS GUIDELINES 
SEC. 1211. The Attorney General shall, not later than twelve 
months after the date of enactment of this Act, provide a detailed 
report to the Congress concerning— 
(1) the extent to which internal operating guidelines promul-
gated by the Attorney General for the direction of the investiga-
tive and prosecutorial activities of the Department of Justice 
have been relied upon by criminal defendants in courts of the 
United States as the basis for due process challenges to indict-
ment and prosecution by law enforcement authorities of crimes 
prohibited by Federal statute; 
(2) the extent to which courts of the United States have 
sustained challenges based upon such guidelines in cases 
wherein it has been alleged that Federal investigative agents or 
prosecutorial personnel have failed to comply with the require-
ments of such internal operating guidelines, and the extent and 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2165 
nature of such failures to comply as the courts of the United 
States have found to exist; 
(3) the remedial measures taken by the Attorney General to 
ensure the minimization of such violations of internal operating 
guidelines by the investigative or prosecutorial personnel of the 
Department of Justice; and 
(4) the advisability of the enactment of legislation that would 
prohibit criminal defendants in the courts of the United States 
from relying upon such violations as grounds for the dismissal 
of indictments, suppression of evidence, or the vacation of judg-
ments of conviction. 
PART J—NOTICE ON SOCIAL SECURITY CHECKS 
SEC. 1212. (a) The Secretary of the Treasury shall take such steps 
as may be necessary to provide that all checks issued for payment of 
benefits under title II of the Social Security Act, and the envelopes 
in which such checks are mailed, contain a printed notice that the 
commission of forgery in conjunction with the cashing or attempted 
cashing of such checks constitutes a violation of Federal law. Such 
notice shall also state the maximum penalties for forgery under the 
applicable provisions of title 18 of the United States Code. 
(b) Subsection (a) shall apply with respect to checks issued for 
months after the ninth month after the date of the enactment of 
this Act. 
PART K—FOREIGN EVIDENCE 
SEC. 1217. (a) Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following new sections: 
"§ 3505. Foreign records of regularly conducted activity 
"(a)(1) In a criminal proceeding in a court of the United States, a 
foreign record of regularly conducted activity, or a copy of such 
record, shall not be excluded as evidence by the hearsay rule if a 
foreign certification attests that— 
"(A) such record was made, at or near the time of the occur-
rence of the matters set forth, by (or from 
information 
transmitted by) a person with knowledge of those matters; 
"(B) such record was kept in the course of a regularly con-
ducted business activity; 
"(C) the business activity made such a record as a regular 
practice; and 
"(D) if such record is not the original, such record is a 
duplicate of the original; 
unless the source of information or the method or circumstances of 
preparation indicate lack of trustworthiness. 
"(2) A foreign certification under this section shall authenticate 
such record or duplicate. 
"(b) At the arraignment or as soon after the arraignment as 
practicable, a party intending to offer in evidence under this section 
a foreign record of regularly conducted activity shall provide written 
notice of that intention to each other party. A motion opposing 
admission in evidence of such record shall be made by the opposing 
party and determined by the court before trial. Failure by a party to 
file such motion before trial shall constitute a waiver of objection to 
such record or duplicate, but the court for cause shown may grant 
relief from the waiver. 
Crimes and 
misdemeanors. 
42 use 1302 
note. 
42 use 401. 
Effective date. 
18 use 3505. 
Waiver. 
98 STAT. 2166 
PUBLIC LAW 98-473—OCT. 12, 1984 
"(c) As used in this section, the term— 
"(1) 'foreign record of regularly conducted activity' means a 
memorandum, report, record, or data compilation, in any form, 
of acts, events, conditions, opinions, or diagnoses, maintained in 
a foreign country; 
"(2) 'foreign certification' means a written declaration made 
and signed in a foreign country by the custodian of a foreign 
record of regularly conducted activity or another qualified 
person that, if falsely made, would subject the maker to crimi-
nal penalty under the laws of that country; and 
"(3) 'business' includes business, institution, association, pro-
fession, occupation, and calling of every kind, whether or not 
conducted for profit. 
18 use 3506. 
"§ 3506. Service of papers filed in opposition to official request 
by United States to foreign government for criminal 
evidence 
"(a) Except as provided in subsection (b) of this section, any 
national or resident of the United States who submits, or causes to 
be submitted, a pleading or other document to a court or other 
authority in a foreign country in opposition to an official request for 
evidence of an offense shall serve such pleading or other document 
on the Attorney General at the time such pleading or other docu-
ment is submitted. 
"(b) Any person who is a party to a criminal proceeding in a court 
of the United States who submits, or causes to be submitted, a 
pleading or other document to a court or other authority in a foreign 
country in opposition to an official request for evidence of an offense 
that is a subject of such proceeding shall serve such pleading or 
other document on the appropriate attorney for the Government, 
18 use app. 
pursuant to the Federal Rules of Criminal Procedure, at the time 
such pleading or other document is submitted. 
"(c) As used in this section, the term 'official request' means a 
letter rogatory, a request under a treaty or convention, or any other 
request for evidence made by a court of the United States or an 
authority of the United States having criminal law enforcement 
responsibility, to a court or other authority of a foreign country. 
18 use 3507. 
"§ 3507. Special master at foreign deposition 
"Upon application of a party to a criminal case, a United States 
district court before which the case is pending may, to the extent 
permitted by a foreign country, appoint a special master to carry out 
at a deposition taken in that country such duties as the court may 
direct, including presiding at the deposition or serving as an advisor 
on questions of United States law. Notwithstanding any other provi-
sion of law, a special master appointed under this section shall not 
Prohibition. 
decide questions of privilege under foreign law. The refusal of a 
court to appoint a special master under this section, or of the foreign 
country to permit a special master appointed under this section to 
carry out a duty at a deposition in that country, shall not affect the 
admissibility in evidence of a deposition taken under the provisions 
18 use app. 
of the Federal Rules of Criminal Procedure.". 
(b) The table of sections for chapter 223 of title 18, United States 
Code, is amended by adding at the end the following new items: 
"3505. Foreign records of regularly conducted activity. 
"3506. Service of papers filed in opposition to official request by United States to 
foreign government for criminal evidence. 
"3507. Special master at foreign deposition.". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2167 
SEC. 1218. (a) Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following new section: 
"§ 3292. Suspension of limitations to permit United States to obtain 
18 USC 3292. 
foreign evidence 
"(a)(1) Upon application of the United States, filed before return of 
an indictment, indicating that evidence of an offense is in a foreign 
country, the district court before which a grand jury is impaneled to 
investigate the offense shall suspend the running of the statute of 
limitations for the offense if the court finds by a preponderance of 
the evidence that an official request has been made for such evi-
dence and that it reasonably appears, or reasonably appeared at the 
time the request was made, that such evidence is, or was, in such 
foreign country. 
"(2) The court shall rule upon such application not later than 
thirty days after the filing of the application. 
"(b) Except as provided in subsection (c) of this section, a period of 
suspension under this section shall begin on the date on which the 
official request is made and end on the date on which the foreign 
court or authority takes final action on the request. 
"(c) The total of all periods of suspension under this section with 
respect to an offense— 
"(1) shall not exceed three years; and 
"(2) shall not extend a period within which a criminal case 
must be initiated for more than six months if all foreign 
authorities take final action before such period would expire 
without regard to this section. 
"(d) As used in this section, the term 'official request' means a 
letter rogatory, a request under a treaty or convention, or any other 
request for evidence made by a court of the United States or an 
authority of the United States having criminal law enforcement 
responsibility, to a court or other authority of a foreign country.". 
(b) The table of sections for chapter 213 of title 18, United States 
Code, is amended by adding after the item relating to section 3291 
the following new item: 
"3292. Suspension of limitations to permit United States to obtain 
foreign 
evidence.". 
SEC. 1219. Subsection (h) of section 3161 of title 18, United States 
Code, is amended— 
(1) in paragraph (8)(C), by striking out "paragraph (8)(A) of 
this subsection" and inserting in lieu thereof "subparagraph (A) 
of this paragraph"; and 
(2) by adding at the end the following new paragraph: 
"(9) Any period of delay, not to exceed one year, ordered by a 
district court upon an application of a party and a finding by a 
preponderance of the evidence that an official request, as 
defined in section 3292 of this title, has been made for evidence Supra. 
of any such offense and that it reasonably appears, or rea. on-
ably appeared at the time the request was made, that such 
evidence is, or was, in such foreign country.". 
SEC. 1220. This part and the amendments made by this part shall 
Effective date. 
take effect thirty days after the date of the enactment of this Act. 
18 USC 3505 
note. 
98 STAT. 2168 
PUBLIC LAW 98-473—OCT. 12, 1984 
National 
Narcotics Act of 
1984. 
Drugs and drug 
abuse. 
Law 
enforcement. 
21 u s e 1201 
note. 
21 u s e 1201. 
National Drug 
Enforcement 
Policy Board, 
establishment. 
21 u s e 1202. 
CHAPTER XIII—NATIONAL NARCOTICS ACT 
SEC. 1301. This chapter may be cited as the "National Narcotics 
Act of 1984". 
SEC. 1302. (a) The Congress hereby makes the following findings: 
(1) The flow of illegal narcotics into the United States is a 
major and growing problem. 
(2) The problem of illegal drug activity falls across the 
entire spectrum of Federal activities both nationally and 
internationally. 
(3) Illegal drug trafficking is estimated by the General 
Accounting Office to be an $80,000,000,000 per annum industry 
in the United States. 
(4) The annual consumption of drugs has reached epidemic 
proportions. 
(5) Despite the efforts of the United States Government and 
other nations, the mechanisms for smuggling opium and other 
hard drugs into the United States remain virtually intact and 
United States agencies estimate that they are able to interdict 
no more than 5 to 15 percent of all hard drugs flowing into the 
country. 
(6) Such significant indicators of the drug problem as drug-
related deaths, emergency room visits, hospital admissions due 
to drug-related incidents, and addiction rates are soaring. 
(7) Increased drug trafficking is strongly linked to violent, 
addiction-related crime and recent studies have shown that over 
90 percent of heroin users rely upon criminal activity as a 
means of income. 
(8) Much of the drug trafficking is handled by syndicates, a 
situation which results in increased violence and criminal activ-
ity because of the competitive struggle for control of the domes-
tic drug market. 
(9) Controlling the supply of illicit drugs is a key to reducing 
the crime epidemic confronting every region of the country. 
(10) The magnitude and scope of the problem requires the 
establishment of a National Drug Enforcement Policy Board, 
chaired by the Attorney General, to facilitate coordination of all 
Federal efforts by relevant agencies. 
(11) Such a Board must have responsibility for coordinating 
the operations of Federal agencies involved in attacking this 
problem through the development of policy and resources, so 
that a unified and efficient effort can be undertaken. 
(b) It is the purpose of this Act to insure— 
(1) the maintenance of a national and international effort 
against illegal drugs; 
(2) that the activities of the Federal agencies involved are 
fully coordinated; and 
(3) that a single, competent, and responsible high-level Board 
of the United States Government, chaired by the Attorney 
General, will be charged with this responsibility of coordinating 
United States policy with respect to national and international 
drug law enforcement. 
SEC. 1303. There is established in the executive branch of the 
Government a Board to be known as the "National Drug Enforce-
ment Policy Board" (hereinafter in this Act referred to as the 
"Board"). There shall be at the head of the Board a chairman who 
shall be the Attorney General (hereinafter in this Act referred to as 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2169 
the "Chairman"). In addition to the Chairman, the Board shall be 
comprised of the Secretaries of State, Treasury, Defense, Transpor-
tation, Health and Human Services, the Director of the Office of 
Management and Budget, and the Director of Central Intelligence 
and such other officials as may be appointed by the President. 
Decisions made by the Board pursuant to section 4(a) of this Act 
Infra. 
shall be acknowledged by each member thereof in writing. 
SEC. 1304. (a) The Board shall facilitate coordination of United 
21 USC 1203. 
States operations and policy on illegal drug law enforcement. In the 
furtherance of that responsibility, the Board shall have the responsi-
bility, and is authorized to— 
(1) review, evaluate and develop United States Government 
policy, strategy and resources with respect to illegal drug law 
enforcement efforts, including budgetary priorities and a Na-
tional and International Drug Law Enforcement Strategy; 
(2) facilitate coordination of all United States Government 
efforts to halt national and international trafficking in illegal 
drugs; and 
(3) coordinate the collection and evaluation of information 
necessary to implement United States policy with respect to 
illegal drug law enforcement. 
(b) For the purpose of coordinating the activities of the several 
departments and agencies with responsibility for drug law enforce-
ment and implementing the determinations of the Board, it shall be 
the duty of the Chairman— 
(1) to advise the Board in matters concerning drug law 
enforcement; 
(2) to make recommendations to the Board for the coordina-
tion of drug enforcement activities; 
(3) to correlate and evaluate intelligence and other informa-
tion on drug law enforcement to support the activities of the 
Board; 
(4) to act as primary adviser to the President and Congress on 
national and international illegal drug law enforcement pro-
grams and policies developed by the Board under subsection (a) 
of this section and the implementation thereof; and 
(5) to perform such other duties as the President may direct. 
(c) In carrying out responsibilities under this section, the Chair-
man, on behalf of the Board, is authorized to— 
(1) direct, with the concurrence of the head of the agency 
employing such personnel, the assignment of Government per-
sonnel within the United States Government in order to imple-
ment United States policy with respect to illegal drug law 
enforcement; 
(2) provide guidance in the implementation and maintenance 
of policy, strategy, and resources developed under subsection (a) 
of this section; 
(3) review and approve the reprograming of funds relating to 
budgetary priorities developed under subsection (a) of this 
section; 
(4) procure temporary and intermittent services under section 
3109(b) of title 5 of the United States Code, but at rates for 
individuals not to exceed the daily equivalent of the maximum 
annual rate of basic pay payable for the grade of GS-18 of the 
General Schedule; 
5 USC 5332. 
(5) accept and use donations of property from all Government 
Gifts and 
agencies; and 
property. 
98 STAT. 2170 
PUBLIC LAW 98-473—OCT. 12, 1984 
Mail. 
Prohibition. 
50 u s e 401 note. 
3 CFR, 1981 
Comp., p. 200. 
21 u s e 1204. 
21 use nil. 
Health. 
Effective date. 
21 u s e 1201 
note. 
Victims of erime 
Act of 1984. 
42 u s e 10601 
note. 
Establishment. 
42 u s e 10601. 
(6) use the mails in the same manner as any other department 
or agency of the executive branch. 
(d) Notwithstanding the authority granted in this section, the 
Board and the Chairman shall not interfere with routine law 
enforcement or intelligence decisions of any agency and shall under-
take no activity inconsistent with the authorities and responsibil-
ities of the Director of Central Intelligence under the provisions of 
the National Security Act of 1947, as amended, or Executive Order 
12333. 
(e) The Administrator of the General Services Administration 
shall provide to the Board on a reimbursable basis such administra-
tive support services as the Chairman may request. 
SEC. 1305. The Chairman shall submit to the Congress, within 
nine months after enactment of this Act, and biannually thereafter, 
a full and complete report reflecting United States policy with 
respect to illegal drug law enforcement, plans proposed for the 
implementation of such policy, and, commencing with the submis-
sion of the second report, a full and complete report reflecting 
accomplishments with respect to the United States policy and plans 
theretofore submitted to the Congress. 
SEC. 1306. Title II of the Drug Abuse Prevention, Treatment and 
Rehabilitation Act (21 U.S.C. 1112) is amended by adding at the end 
of section 201 (21 U.S.C. 1111) a new subsection (d) as follows: 
"(d) SUPPORT TO NATIONAL DRUG ENFORCEMENT POLICY BOARD.— 
One of the duties of the White House Office of Drug Abuse Policy 
shall be to insure coordination between the National Drug Enforce-
ment Policy Board and the health issues associated with drug 
abuse.". 
SEC. 1307. This chapter and the amendments made by this chapter 
shall take effect January 20,1985. 
CHAPTER XIV—VICTIM COMPENSATION AND ASSISTANCE 
SEC. 1401. This chapter may be cited as the "Victims of Crime Act 
of 1984". 
CRIME VICTIMS FUND 
SEC. 1402. (a) There is created in the Treasury a separate account 
to be known as the Crime Victims Fund (hereinafter in this chapter 
referred to as the "Fund"). 
(b) Except as limited by subsection (c), there shall be deposited in 
the Fund— 
(1) all fines that are collected from persons convicted of 
offenses against the United States except— 
(A) fines available for use by the Secretary of the Treas-
ury pursuant to— 
(i) section 11(d) of the Endangered Species Act (16 
U.S.C. 1540(d)); and 
(ii) section 6(d) of the Lacey Act Amendments of 1981 
(16 U.S.C. 3375(d)); and 
(B) fines to be paid into— 
(i) the railroad unemployment insurance account 
pursuant to the Railroad Unemployment Insurance 
Act (45 U.S.C. 351 et seq.); 
(ii) the Postal Service Fund pursuant to sections 
2601(a)(2) and 2003 of title 39 of the United States Code 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2171 
and for the purposes set forth in section 404(a)(8) of 
such title 39; 
(iii) the navigable waters revolving fund pursuant to 
section 311 of the Federal Water Pollution Control Act 
(33 U.S.C. 1321); and 
(iv) county public school funds pursuant to section 
3613 of title 18 of the United States Code; 
(2) penalty assessments collected under section 3013 of title 18 
of the United States Code; 
(3) the proceeds of forfeited appearance bonds, bail bonds, and 
collateral collected under section 3146 of title 18 of the United 
States Code; and 
(4) any money ordered to be paid into the Fund under section 
3671(c)(2) of title 18 of the United States Code. 
(c)(1) If the total deposited in the Fund during a particular fiscal 
year reaches the sum of $100 million, the excess over that sum shall 
be deposited in the general fund of the Treasury and shall not be a 
part of the Fund. 
(2) No deposits shall be made in the Fund after September 30, 
1988. 
(d)(1) Sums deposited in the Fund shall remain in the Fund and be 
available for expenditure under this subsection for grants under this 
title without fiscal year limitation. 
(2) Fifty percent of the total deposited in the Fund during a 
particular fiscal year shall be available for grants under section 
1403 and fifty percent shall be available for grants under section 
1404. 
(e) Any sums awarded as part of a grant under this chapter that 
remain unspent at the end of a fiscal year in which such grant is 
made may be expended for the purpose for which such grant is made 
at any time during the next succeeding fiscal year, at the end of 
which year any remaining unobligated sums shall be returned to the 
general fund of the Treasury. 
(f) As used in this section, the term "offenses against the United 
States" does not include— 
(1) a criminal violation of the Uniform Code of Military 
Justice (10 U.S.C. 801 et seq.); 
(2) an offense against the laws of the District of Columbia; and 
(3) an offense triable by an Indian tribal court or Court of 
Indian Offenses. 
39 u s e 404. 
Ante, pp. 1987, 
2005. 
Post, p. 2174. 
Ante, pp. 1976, 
1982. 
Ante, pp. 1987, 
post, p. 2175. 
Grants. 
Infra. 
Post, p. 2172. 
Grants. 
CRIME VICTIM COMPENSATION 
SEC. 1403. (aXD Except as provided in paragraph (2), the Attorney 
General shall make an annual grant from the Fund to an eligible 
crime victim compensation program of 35 percent of the amounts 
awarded during the preceding fiscal year, other than amounts 
awarded for property damage. A grant under this section shall be 
used by such program only for awards of compensation. 
(2) If the sums available in the Fund for grants under this section 
are insufficient to provide grants of 35 percent as provided in 
paragraph (1), the Attorney General shall make, from the sums 
available, a grant to each eligible crime victim compensation pro-
gram so that all such programs receive the same percentage of the 
amounts awarded by such program during the preceding fiscal year, 
other than amounts awarded for property damage. 
Grants. 
42 u s e 10602. 
98 STAT. 2172 
PUBLIC LAW 98-473—OCT. 12, 1984 
state and local 
(b) A Crime victim compensation program is an eligible crime 
governments. 
victim compensation program for the purposes of this section i
f
— 
(1) such program is operated by a State and offers compensa-
tion to victims of crime and survivors of victims of crime for— 
(A) medical expenses attributable to a physical injury 
resulting from compensable crime, including expenses for 
mental health counseling and care; 
(B) loss of wages attributable to a physical injury result-
ing from a compensable crime; and 
(C) funeral expenses attributable to a death resulting 
from a compensable crime; 
(2) such program promotes victim cooperation with the rea-
sonable requests of law enforcement authorities; 
(3) such State certifies that grants received under this section 
will not be used to supplant State funds otherwise available to 
provide crime victim compensation; 
(4) such program, as to compensable crimes occurring within 
the State, makes compensation awards to victims who are 
nonresidents of the State on the basis of the same criteria used 
to make awards to victims who are residents of such State; 
(5) such program provides compensation to victims of crimes 
occurring within such State that would be compensable crimes, 
but for the fact that such crimes are subject to Federal jurisdic-
tion, on the same basis that such program provides compensa-
tion to victims of compensable crimes; and 
(6) such program provides such other information and 
assurances related to the purposes of this section as the Attor-
ney General may reasonably require. 
State and local 
(c) A State Crime victim compensation program in effect on the 
governments. 
date grants may first be made under this section shall be deemed an 
eligible crime victim compensation program for the purposes of this 
section until the day after the close of the first regular session of the 
legislature of that State that begins after such date. 
(d) As used in this section— 
(1) the term "property damage" does not include damage to 
prosthetic devices or dental devices; 
(2) the term "medical expenses" includes, to the extent pro-
vided under the eligible crime victim compensation program, 
expenses for dental services and devices and prosthetic devices 
and for services rendered in accordance with a method of 
healing recognized by the law of the State; 
(3) the term "compensable crime" means a crime the victims 
of which are eligible for compensation under the eligible crime 
victim compensation program; and 
(4) the term "State" includes the District of Columbia, the 
Commonwealth of Puerto Rico, and any other possession or 
territory of the United States. 
CRIME VICTIM ASSISTANCE 
State and local 
SEC. 1404. (a)(1) Subject to the availability of money in the Fund, 
governments. 
the Attorney General shall make an annual grant from any portion 
Grants. 
Qf ^^g Fund not used for grants under section 1403 with respect to a 
42 use 10603. 
particular fiscal year, and after any deduction under subsection (c), 
to the chief executive of each State for the financial support of 
eligible crime victim assistance programs. 
(2) Such chief executive shall— 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2173 
(A) certify that priority shall be given to eligible crime victim 
assistance programs providing assistance to victims of sexual 
assault, spousal abuse, or child abuse; 
(B) certify that funds awarded to eligible crime victim assist-
ance programs will not be used to supplant State and local 
funds otherwise available for crime victim assistance; and 
(C) provide such other information and assurances related to 
the purposes of this section as the Attorney General may rea-
sonably require. 
(3) The amounts of grants under paragraph (1) shall be— 
(A) $100,000 to each State; and 
(B) that portion of the then remaining available money to 
each State that results from a distribution among the States on 
the basis of each State's population in relation to the population 
of all States. 
(4) If the amount available for grants under paragraph (1) is 
insufficient to provide $100,000 to each State, the funds available 
shall be distributed equally among the States. 
(b)(1) A victim assistance program is an eligible crime victim 
assistance program for the purposes of this section if such 
program— 
(A) is operated by a public agency or a nonprofit organization, 
or a combination of such agencies or organizations or of both 
such agencies and organizations, and provides services to vic-
tims of crime; 
(B) demonstrates— 
(i) a record of providing effective services to victims of 
crime and financial support from sources other than the 
Fund; or 
(ii) substantial financial support from sources other than 
the Fund; 
(C) utilizes volunteers in providing such services, unless and 
to the extent the chief executive determines that compelling 
reasons exist to waive this requirement; 
(D) promotes within the community served coordinated public 
and private efforts to aid crime victims; and 
(E) assists potential recipients in seeking crime victim com-
pensation benefits. 
(2) An eligible crime victim assistance program shall expend sums 
received under subsection (a) only for providing services to victims of 
crime. 
(c)(1) The Attorney General may in any fiscal year deduct from 
amounts available under section 1404 an amount not to exceed 5 
percent of the amount in the Fund, and may expend the amount so 
deducted to provide services to victims of Federal crimes by the 
Department of Justice, or reimburse other instrumentalities of the 
Federal Government otherwise authorized to provide such services. 
(2) The Attorney General shall appoint or designate an official of 
the Department of Justice to be the Federal Crime Victim Assist-
ance Administrator (hereinafter in this chapter referred to as the 
"Federal Administrator") to exercise the responsibilities of the 
Attorney General under this subsection. 
(3) The Federal Administrator shall— 
(A) be responsible for monitoring compliance with guidelines 
for fair treatment of crime victims and witnesses issued under 
section 6 of the Victim and Witness Protection Act of 1982 
(Public Law 97-291); 
18 USC 1501 
note. 
98 STAT. 2174 
PUBLIC LAW 98-473—OCT. 12, 1984 
(B) consult with the heads of Federal law enforcement agen-
cies that have responsibilities affecting victims of Federal 
crimes; 
(C) coordinate victim services provided by the Federal Govern-
ment with victim services offered by other public agencies and 
nonprofit organizations; and 
(D) perform such other functions related to the purposes of 
this title as the Attorney General may aissign. 
Contracts. 
(4) The Attorney General may reimburse other instrumentalities 
of the Federal Government and contract for the performance of 
functions authorized under this subsection, 
(d) As used in this section— 
(1) the term "State" includes the District of Columbia, the 
Commonwealth of Puerto Rico, and, except for the purposes of 
paragraphs (3XA) and (4) of subsection (a) of this section, any 
other territory or possession of the United States; and 
(2) the term "services to victims of crime" includes— 
(A) crises intervention services; 
(B) providing, in an emergency, transportation to court, 
short-term child care services, and temporary housing and 
security measures; 
(C) assistance in participating in criminal justice proceed-
ings; and 
(D) payment of all reasonable costs for a forensic medical 
examination of a crime victim, to the extent that such costs 
are otherwise not reimbursed or paid; 
(3) the term "services to victims of Federal crime" means 
services to victims of crime with respect to Federal crime, and 
includes— 
(A) training of law enforcement personnel in the delivery 
of services to victims of Federal crime; 
(B) preparation, publication, and distribution of informa-
tional materials— 
(i) setting forth services offered to victims of crime; 
and 
(ii) concerning services to victims of Federal crime for 
use by Federal law enforcement personnel; and 
(C) salaries of personnel who provide services to victims 
of crime, to the extent that such personnel provide such 
services; 
(4) the term "crises intervention services" means counseling 
to provide emotional support in crises arising from the occur-
rence of crime; and 
(5) the term "chief executive" includes a person designated by 
a chief executive to perform the functions of the chief executive 
under this section. 
PENALTY ASSESSMENT 
SEC. 1405. (a) Chapter 201 of title 18 of the United States Code is 
amended by adding at the end the following: 
18 use 3013. 
"§ 3013. Special assessment on convicted persons 
"(a) The court shall assess on any person convicted of an offense 
against the United States— 
"(1) in the case of a misdemeanor— 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2175 
"(A) the amount of $25 if the defendant is an individual; 
and 
"(B) the amount of $100 if the defendant is a person other 
than an individual; and 
"(2) in the case of a felony— 
"(A) the amount of $50 if the defendant is an individual; 
and 
"(B) the amount of $200 if the defendant is a person other 
than an individual. 
"(b) Such amount so assessed shall be collected in the manner that 
fines are collected in criminal cases.". 
(b) The table of sections for chapter 201 of title 18 of the United 
States Code is amended by adding at the end the following: 
"3013. Special assessment on convicted persons.". 
SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME 
SEC. 1406. (a) Title 18 of the United States Code is amended by 
adding after chapter 231 the following: 
"CHAPTER 
232—SPECIAL 
FORFEITURE 
OF 
COLLATERAL 
PROFITS 
OF 
CRIME 
"Car, 
"3671. Order of special forfeiture. 
"3672. Notice to victims of order of special forfeiture. 
"§ 3671. Order of special forfeiture 
18 USC 3671. 
"(a) Upon the motion of the United States attorney made at any 
time after conviction of a defendant for an offense against the 
United States resulting in physical harm to an individual, and after 
notice to any interested party, the court shall, if the court deter-
mines that the interest of justice or an order of restitution under 
chapter 227 or 231 of this title so requires, order such defendant to 
Ante, p. 1987. 
forfeit all or any part of proceeds received or to be received by that 
defendant, or a transferee of that defendant, from a contract relat-
ing to a depiction of such crime in a movie, book, newspaper, 
magazine, radio or television production, or live entertainment of 
any kind, or an expression of that defendant's thoughts, opinions, or 
emotions regarding such crime. 
"(b) An order issued under subsection (a) of this section shall 
require that the person with whom the defendant contracts pay to 
the Attorney General any proceeds due the defendant under such 
contract. 
"(c)(1) Proceeds paid to the Attorney General under this section 
shall be retained in escrow in the Crime Victims Fund in the 
Treasury by the Attorney General for five years after the date of an 
order under this section, but during that five year period may— 
"(A) be levied upon to satisfy— 
"(i) a money judgment rendered by a United States dis-
trict court in favor of a victim of an offense for which such 
defendant has been convicted, or a legal representative of 
such victim; and 
"(ii) a fine imposed by a court of the United States; and 
"(B) if ordered by the court in the interest of justice, be used 
to— 
98 STAT. 2176 
PUBLIC LAW 98-473—OCT. 12, 1984 
18 use 3672. 
"(i) satisfy a money judgment rendered in any court in 
favor of a victim of any offense for which such defendant 
has been convicted, or a legal representative of such victim; 
and 
"(ii) pay for legal representation of the defendant in 
matters arising from the offense for which such defendant 
has been convicted, but no more than 20 percent of the total 
proceeds may be so used. 
"(2) The court shall direct the disposition of all such proceeds in 
the possession of the Attorney General at the end of such five years 
and may require that all or any part of such proceeds be released 
from escrow and paid into the Crime Victims Fund in the Treasury. 
"(d) As used in this section, the term 'interested party' includes 
the defendant and any transferee of proceeds due the defendant 
under the contract, the person with whom the defendant has con-
tracted, and any person physically harmed as a result of the offense 
for which the defendant has been convicted. 
"§ 3672. Notice to victims of order of special forfeiture 
"The United States attorney shall, within thirty days after the 
imposition of an order under this chapter and at such other times as 
the Attorney General may require, publish in a newspaper of gen-
eral circulation in the district in which the offense for which a 
defendant was convicted occurred, a notice that states— 
"(1) the name of, and other identifying information about, the 
defendant; 
"(2) the offense for which the defendant was convicted; and 
"(3) that the court has ordered a special forfeiture of certain 
proceeds that may be used to satisfy a judgment obtained 
against the defendant by a victim of an offense for which the 
defendant has been convicted.". 
(b) The table of chapters for part II of title 18 of the United States 
Code is amended by adding after the item for chapter 231 the 
following: 
"232. Special forfeiture of collateral profits of crime.". 
Regulations. 
42 use 10604. 
Records. 
Audit. 
ADMINISTRATIVE PROVISIONS 
SEC. 1407. (a) The Attorney General may establish such rules, 
regulations, guidelines, and procedures as are necessary to carry out 
any function of the Attorney General under this chapter and may 
delegate to any officer or employee of the Department of Justice any 
such function as the Attorney General deems appropriate. 
(b) Each recipient of sums under this chapter shall keep such 
records as the Attorney General shall prescribe, including records 
that fully disclose the amount and disposition by such recipient of 
such sums, the total cost of the undertaking for which such sums are 
used, and that portion of the cost of the undertaking supplied by 
other sources, and such other records as will facilitate an effective 
audit. 
(c) The Attorney General or any duly authorized representative of 
the Attorney General shall have access, for purpose of audit and 
examination, to any books, documents, papers, and records of the 
recipient of sums under this chapter that, in the opinion of the 
Attorney General or any duly authorized representative of 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2177 
the Attorney General, may be related to the expenditure of funds 
received under this chapter. 
(d) Except as otherwise provided by Federal law, no officer or 
Confidentiality, 
employee of the Federal Government, and no recipient of sums 
under this chapter, shall use or reveal any research or statistical 
information furnished under this chapter by any person and identi-
fiable to any specific private person for any purpose other than the 
purpose for which such information was obtained in accordance 
with this chapter. Such information, and any copy of such informa-
tion, shall be immune from legal process and shall not, without the 
consent of the person furnishing such information, be admitted as 
evidence or used for any purpose in any action, suit, or other 
judicial, legislative, or administrative proceeding. 
(e) No person shall on the ground of race, color, religion, national 
origin, handicap, or sex be excluded from participation in, denied 
the benefits of, subjected to discrimination under, or denied employ-
ment in connection with, any undertaking funded in whole or in 
part with sums made available under this chapter. 
(f) If, after reasonable notice and opportunity for a hearing on the 
record, the Attorney General finds that a State has failed to comply 
substantially with any provision of this chapter or a rule, regula-
tion, guideline, or procedure issued under this chapter, or an appli-
cation submitted in accordance with this chapter or the provisions of 
any other applicable law, the Attorney General shall— 
(1) terminate payments to such State; 
(2) suspend payments to such State until the Attorney 
General is satisfied that such noncompliance has ended; or 
(3) take such other action as the Attorney General deems 
appropriate. 
(h) The Attorney General shall, no later than December 31, 1987, 
Report, 
report to the President and to the Congress on the revenue derived 
from each source described in section 1302 and on the effectiveness 
Ante, p. 2168. 
of the activities supported under this chapter. The Attorney General 
may include in such report recommendations for legislation to 
improve this chapter. 
Discrimination, 
prohibition. 
State and local 
governments. 
PAROLE PROCEEDING AMENDMENTS 
SEC. 1408. (a) Section 4207 of title 18 of the United States Code is 
Ante, pp. 2027, 
amended— 
2032. 
(1) by striking out "and" at the end of paragraph (4); and 
(2) by inserting after paragraph (4) the following new 
paragraph: 
"(5) a statement, which may be presented orally or otherwise, 
by any victim of the offense for which the prisoner is impris-
oned about the financial, social, psychological, and emotional 
harm done to, or loss suffered by such victim; and". 
(b) Section 6(a) of the Victim and Witness Protection Act of 1982 is 
18 USC 1512 
amended— 
note. 
(1) in the catchline of paragraph (4), by striking out "Major"; 
(2) in paragraph (4), by striking out "if possible, of judicial 
proceedings relating to their case, including—" and inserting in 
lieu thereof "if possible, of^"; and 
(3) in subparagraph (D) of paragraph (4)— 
(A) by inserting "and punishment" after "prosecution"; 
and 
98 STAT. 2178 
PUBLIC LAW 98-473—OCT. 12, 1984 
Ante, pp. 2027, 
2032. 
42 u s e 10601 
note. 
(B) by inserting "a hearing to determine a parole release 
date and" after "imposed,". 
(c) Section 4215 of title 18 of the United States Code is amended— 
(1) so that the heading of such section reads as follows: 
"§ 4215. Appeal"; 
(2) in subsection (a)— 
(A) in the first sentence— 
(i) by striking out "have the decision reconsidered" 
and inserting in lieu thereof "appeal such decision"; 
and 
(ii) by striking out "regional commissioner" and 
inserting in lieu thereof "National Appeal Board"; and 
(B) by striking out the second sentence; and 
(3) in subsection (b), by striking out the first sentence. 
(d) The table of sections at the beginning of chapter 311 of title 18 
of the United States Code is amended so that the item relating to 
section 4215 reads as follows: 
"4215. Appeal.". 
EFFECTIVE DATES 
SEC. 1409. (a) Except as provided in subsection (b), this chapter and 
the amendments made by this chapter shall take effect thirty days 
after the date of enactment of this joint resolution. 
(b) Sections 1402, 1403, 1404, and 1407 of this chapter shall take 
effect on October 1,1984. 
18 u s e 3150a. 
Trademark 
Counterfeiting 
Act of 1984. 
18 u s e 2311 
note. 
Penalties. 
Post, p. 2770. 
18 u s e 2320. 
CONFORMING AMENDMENT 
SEC. 1410. Section 3150(a) of title 18 U.S.C. is amended by striking 
out "the general fund of. 
CHAPTER XV—TRADEMARK COUNTERFEITING 
SEC. 1501. This chapter may be cited as the "Trademark Counter-
feiting Act of 1984". 
TITLE 18 AMENDMENT 
SEC. 1502. (a) Chapter 113 of title 18 of the United States Code is 
amended by adding at the end the following: 
"§ 2320. Trafficking in counterfeit goods or services 
"(a) Whoever intentionally traffics or attempts to traffic in goods 
or services and knowingly uses a counterfeit mark on or in connec-
tion with such goods or services shall, if an individual, be fined not 
more than $250,000 or imprisoned not more than five years, or both, 
and, if a person other than an individual, be fined not more than 
$1,000,000. In the case of an offense by a person under this section 
that occurs after that person is convicted of another offense under 
this section, the person convicted, if an individual, shall be fined not 
more than $1,000,000 or imprisoned not more than fifteen years, or 
both, and if other than an individual, shall be fined not more than 
$5,000,000. 
"(b) Upon a determination by a preponderance of the evidence 
that any articles in the possession of a defendant in a prosecution 
under this section bear counterfeit marks, the United States may 
obtain an order for the destruction of such articles. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2179 
"(c) All defenses, affirmative defenses, and limitations on reme-
dies that would be applicable in an action under the Lanham Act 
15 USC 1051 
shall be applicable in a prosecution under this section. In a prosecu- 
"o^e. 
tion under this section, the defendant shall have the burden of 
proof, by a preponderance of the evidence, of any such affirmative 
defense. 
^ 
"(d) For the purposes of this section— 
"(1) the term 'counterfeit mark' means— 
"(A) a spurious mark— 
"(i) that is used in connection with trafficking in 
goods or services; 
"(ii) that is identical with, or substantially indistin-
guishable from, a mark registered for those goods or 
services on the principal register in the United States 
Patent and Trademark Office and in use, whether or 
not the defendant knew such mark was so registered; 
and 
"(iii) the use of which is likely to cause confusion, to 
cause mistake, or to deceive; or 
"(B) a spurious designation that is identical with, or 
substantially indistinguishable from, a designation as to 
which the remedies of the Lanham Act are made available 
by reason of section 110 of the Olympic Charter Act; 
36 USC 380. 
but such term does not include any mark or designation used in 
connection with goods or services of which the manufacturer or 
producer was, at the time of the manufacture or production in 
question authorized to use the mark or designation for the type 
of goods or services so manufactured or produced, by the holder 
of the right to use such mark or designation; 
"(2) the term 'traffic' means transport, transfer, or otherwise 
dispose of, to another, as consideration for anything of value, or 
make or obtain control of with intent ao L
u transport, transfer, 
or dispose of; 
"(3) the term 'Lanham Act' means the Act entitled 'An Act to 
provide for the registration and protection of trademarks used 
in commerce, to carry out the provisions of certain interna-
tional conventions, and for other purposes', approved July 5, 
1946 (15 U.S.C. 1051 et seq.); and 
"(4) the term 'Olympic Charter Act' means the Act entitled 
'An Act to incorporate the United States Olympic Association', 
approved September 21, 1950 (36 U.S.C. 371 et seq.).". 
(b) The table of sections at the beginning of chapter 113 of title 18 
of the United States Code is amended by adding at the end the 
following new item: 
"2320. Trafficking in counterfeit goods or services.". 
LANHAM ACT AMENDMENT 
SEC. 1503. The Act entitled "An Act to provide for the registration 
and protection of trademarks used in commerce, to carry out the 
provisions of certain international conventions, and for other pur-
poses", approved July 5, 1946 (15 U.S.C. 1051 et seq.) is amended— 
(1) in section 34 (15 U.S.C. 1116)— 
(A) by designating the first paragraph as subsection (a); 
(B) by designating the second paragraph as subsection (b); 
Claims. 
98 STAT. 2180 
PUBLIC LAW 98-473—OCT. 12, 1984 
(C) by designating the third paragraph as subsection (c); 
and 
(D) by adding at the end the following: 
Law enforce- 
"(d)(1)(A) In the case of a civil action arising under section 32(l)(a) 
ment. 
of this Act (15 U.S.C. 1114) or section 110 of the Act entitled 'An Act 
to incorporate the United States Olympic Association', approved 
September 21, 1950 (36 U.S.C. 380) with respect to a violation that 
consists of using a counterfeit mark in connection with the sale, 
offering for sale, or distribution of goods or services, the court may, 
upon ex parte application, grant an order under subsection (a) of 
this section pursuant to this subsection providing for the seizure of 
goods and counterfeit marks involved in such violation and the 
means of making such marks, and records documenting the manu-
facture, sale, or receipt of things involved in such violation. 
"(B) As used in this subsection the term 'counterfeit mark' 
means— 
"(i) a counterfeit of a mark that is registered on the principal 
register in the United States Patent and Trademark Office for 
such goods or services sold, offered for sale, or distributed and 
that is in use, whether or not the person against whom relief is 
sought knew such mark was so registered; or 
"(ii) a spurious designation that is identical with, or substan-
tially indistinguishable from, a designation as to which the 
remedies of this Act are made available by reason of section 110 
of the Act entitled 'An Act to incorporate the United States 
Olympic Association', approved September 21, 1950 (36 U.S.C. 
380); 
but such term does not include any mark or designation used in 
connection with goods or services of which the manufacture or 
producer was, at the time of the manufacture or production in 
question authorized to use the mark or designation for the type of 
goods or services so manufactured or produced, by the holder of the 
right to use such mark or designation. 
"(2) The court shall not receive an application under this subsec-
tion unless the applicant has given such notice of the application as 
is reasonable under the circumstances to the United States attorney 
for the judicial district in which such order is sought. Such attorney 
may participate in the proceedings arising under such application if 
such proceedings may affect evidence of an offense against the 
United States. The court may deny such application if the court 
determines that the public interest in a potential prosecution so 
requires. 
"(3) The application for an order under this subsection shall— 
"(A) be based on an affidavit or the verified complaint estab-
lishing facts sufficient to support the findings of fact and 
conclusions of law required for such order; and 
"(B) contain the additional information required by para-
graph (5) of this subsection to be set forth in such order. 
"(4) The court shall not grant such an application unless— 
"(A) the person obtaining an order under this subsection 
provides the security determined adequate by the court for the 
payment of such damages as any person may be entitled to 
recover as a result of a wrongful seizure or wrongful attempted 
seizure under this subsection; and 
"(B) the court finds that it clearly appears from specific facts 
that— 
PUBLIC LAW 98-473—OCT. 12, 1984 
STAT. 2181 
"(i) an order other than an ex parte seizure order is not 
adequate to achieve the purposes of section 32 of this Act 
(15 U.S.C. 1114); 
"(ii) the appHcant has not pubHcized the requested 
seizure; 
"(iii) the appHcant is Hkely to succeed in showing that the 
person against whom seizure would be ordered used a 
counterfeit mark in connection with the sale, offering for 
sale, or distribution of goods or services; 
"(iv) an immediate and irreparable injury will occur if 
such seizure is not ordered; 
"(v) the matter to be seized will be located at the place 
identified in the application; 
"(vi) the harm to the applicant of denying the application 
outweighs the harm to the legitimate interests of the 
person against whom seizure would be ordered of granting 
the application; and 
"(vii) the person against whom seizure would be ordered, 
or persons acting in concert with such person, would de-
stroy, move, hide, or otherwise make such matter inacces-
sible to the court, if the applicant were to proceed on notice 
to such person. 
"(5) An order under this subsection shall set forth— 
"(A) the findings of fact and conclusions of law required for 
the order; 
"(B) a particular description of the matter to be seized, and a 
description of each place at which such matter is to be seized; 
"(C) the time period, which shall end not later than seven 
days after the date on which such order is issued, during which 
the seizure is to be made; 
"(D) the amount of security required to be provided under this 
subsection; and 
"(E) a date for the hearing required under paragraph (10) of 
this subsection. 
"(6) The court shall take appropriate action to protect the person 
against whom an order under this subsection is directed from 
publicity, by or at the behest of the plaintiff, about such order and 
any seizure under such order. 
"(7) Any materials seized under this subsection shall be taken into 
the custody of the court. The court shall enter an appropriate 
protective order with respect to discovery by the applicant of any 
records that have been seized. The protective order shall provide for 
appropriate procedures to assure that confidential information con-
tained in such records is not improperly disclosed to the applicant. 
"(8) An order under this subsection, together with the supporting 
documents, shall be sealed until the person against whom the order 
is directed has an opportunity to contest such order, except that any 
person against whom such order is issued shall have access to such 
order and supporting documents after the seizure has been carried 
out. 
"(9) The court shall order that a United States marshal or other 
law enforcement officer is to serve a copy of the order under this 
subsection and then is to carry out the seizure under such order. The 
court shall issue orders, when appropriate, to protect the defendant 
from undue damage from the disclosure of trade secrets or other 
confidential information during the course of the seizure, including, 
when appropriate, orders restricting the access of the applicant (or 
Confidentiality. 
Confidentiality. 
98 STAT. 2182 
PUBLIC LAW 98-473—OCT. 12, 1984 
any agent or employee of the applicant) to such secrets or 
information. 
"(10)(A) The court shall hold a hearing, unless waived by all the 
parties, on the date set by the court in the order of seizure. That 
date shall be not sooner than ten days after the order is issued and 
not later than fifteen days after the order is issued, unless the 
applicant for the order shows good cause for another date or unless 
the party against whom such order is directed consents to another 
date for such hearing. At such hearing the party obtaining the order 
shall have the burden to prove that the facts supporting findings of 
fact and conclusions of law necessary to support such order are still 
in effect. If that party fails to meet that burden, the seizure order 
shall be dissolved or modified appropriately. 
"(B) In connection with a hearing under this paragraph, the court 
may make such orders modifying the time limits for discovery under 
28 use app. 
the Rules of Civil Procedure as may be necessary to prevent the 
frustration of the purposes of such hearing. 
"(11) A person who suffers damage by reason of a wrongful seizure 
under this subsection has a cause of action against the applicant for 
the order under which such seizure was made, and shall be entitled 
to recover such relief as may be appropriate, including damages for 
lost profits, cost of materials, loss of good will, and punitive damages 
in instances where the seizure was sought in bad faith, and, unless 
the court finds extenuating circumstances, to recover a reasonable 
attorney's fee. The court in its discretion may award prejudgment 
interest on relief recovered under this paragraph, at an annual 
interest rate established under section 6621 of the Internal Revenue 
26 use 6621. 
Code of 1954, commencing on the date of service of the claimant's 
pleading setting forth the claim under this paragraph and ending on 
the date such recovery is granted, or for such shorter time as the 
court deems appropriate."; 
(2) in section 35 (15 U.S.C. 1117)— 
(A) by inserting "(a)" before "When"; and 
(B) by adding at the end the following new subsection: 
"(b) In assessing damages under subsection (a), the court shall, 
unless the court finds extenuating circumstances, enter judgment 
for three times such profits or damages, whichever is greater, 
together with a reasonable attorney's fee, in the case of any viola-
tion of section 32(lXa) of this Act (15 U.S.C. 1114(lXa)) or section 110 
of the Act entitled 'An Act to incorporate the United States Olympic 
Association', approved September 21, 1950 (36 U.S.C. 380) that con-
sists of intentionally using a mark or designation, knowing such 
mark or designation is a counterfeit mark (as defined in section 34(d) 
Ante, p. 2179. 
of this Act (15 U.S.C. 1116(d)), in connection with the sale, offering 
for sale, or distribution of goods or services. In such cases, the court 
may in its discretion award prejudgment interest on such amount at 
an annual interest rate established under section 6621 of the Inter-
26 use 6621. 
nal Revenue Code of 1954, commencing on the date of the service of 
the claimant's pleadings setting forth the claim for such entry and 
ending on the date such entry is made, or for such shorter time £is 
the court deems appropriate."; and 
(3) in section 36 (15 U.S.C. 1118), by adding at the end of such 
section "The party seeking an order under this section for 
destruction of articles seized under section 34(d) (15 U.S.C. 
Ante, p. 2179. 
1116(d)) shall give ten days' notice to the United States attorney 
for the judicial district in which such order is sought (unless 
good cause is shown for lesser notice) and such United States 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2183 
attorney may, if such destruction may affect evidence of an 
offense against the United States, seek a hearing on such 
destruction or participate in any hearing otherwise to be held 
with respect to such destruction.". 
CHAPTER XVI—CREDIT CARD FRAUD 
Credit Card 
Fraud Act of 
SEC. 1601. This chapter may be cited as the "Credit Card Fraud 
1984. 
Act of 1984". 
SEC. 1602. (a) Chapter 47 of title 18 of the United States Code is 
amended by adding at the end thereof the following: 
18 use 1001 
note. 
"§ 1029. Fraud and related activity in connection with access 
devices 
"(a) Whoever— 
"(1) knowingly and with intent to defraud produces, uses, or 
traffics in one or more counterfeit access devices; 
"(2) knowingly and with intent to defraud traffics in or uses 
one or more unauthorized access devices during any one-year 
period, and by such conduct obtains anything of value aggregat-
ing $1,000 or more during that period; 
"(3) knowingly and with intent to defraud possesses fifteen or 
more devices which are counterfeit or unauthorized access 
devices; or 
"(4) knowingly, and with intent to defraud, produces, traffics 
in, has control or custody of, or possesses device-making 
equipment; 
shall, if the offense affects interstate or foreign commerce, be pun-
ished as provided in subsection (c) of this section. 
"(b)(1) Whoever attempts to commit an offense under subsection 
(a) of this section shall be punished as provided in subsection (c) of 
this section. 
"(2) Whoever is a party to a conspiracy of two or more persons to 
commit an offense under subsection (a) of this section, if any of the 
parties engages in any conduct in furtherance of such offense, shall 
be fined an amount not greater than the amount provided as the 
maximum fine for such offense under subsection (c) of this section or 
imprisoned not longer than one-half the period provided as the 
maximum imprisonment for such offense under subsection (c) of this 
section, or both. 
"(c) The punishment for an offense under subsection (a) or (b)(1) of 
this section is— 
"(1) a fine of not more than the greater of $10,000 or twice the 
value obtained by the offense or imprisonment for not more 
than ten years, or both, in the case of an offense under subsec-
tion (a)(2) or (a)(3) of this section which does not occur after a 
conviction for another offense under either such subsection, or 
an attempt to commit an offense punishable under this 
paragraph; 
"(2) a fine of not more than the greater of $50,000 or twice the 
value obtained by the offense or imprisonment for not more 
than fifteen years, or both, in the case of an offense under 
subsection (a)(1) or (a)(4) of this section which does not occur 
after a conviction for another offense under either such subsec-
tion, or an attempt to commit an offense punishable under this 
paragraph; and 
Penalties. 
18 use 1029. 
98 STAT. 2184 
PUBLIC LAW 98-473—OCT. 12, 1984 
U.S. Secret Serv-
ice, investiga-
tions. 
Report. 
18 u s e 1029 
note. 
"(3) a fine of not more than the greater of $100,000 or twice 
the value obtained by the offense or imprisonment for not more 
than twenty years, or both, in the case of an offense under 
subsection (a) of this section which occurs after a conviction for 
another offense under such subsection, or an attempt to commit 
an offense punishable under this paragraph. 
"(d) The United States Secret Service shall, in addition to any 
other agency having such authority, have the authority to investi-
gate offenses under this section. Such authority of the United States 
Secret Service shall be exercised in accordance with an agreement 
which shall be entered into by the Secretary of the Treasury and the 
Attorney General. 
"(e) As used in this section— 
"(1) the term 'access device' means any card, plate, code, 
account number, or other means of account access that can be 
used, alone or in conjunction with another access device, to 
obtain money, goods, services, or any other thing of value, or 
that can be used to initiate a transfer of funds (other than a 
transfer originated solely by paper instrument); 
"(2) the term 'counterfeit access device' means any access 
device that is counterfeit, fictitious, altered, or forged, or an 
identifiable component of an access device or a counterfeit 
access device; 
"(3) the term 'unauthorized access device' means any access 
device that is lost, stolen, expired, revoked, canceled, or 
obtained with intent to defraud; 
"(4) the term 'produce' includes design, alter, authenticate, 
duplicate, or assemble; 
"(5) the term 'traffic' means transfer, or otherwise dispose of, 
to another, or obtain control of with intent to transfer or dispose 
of; and 
"(6) the term 'device-making equipment' means any equip-
ment, mechanism, or impression designed or primarily used for 
making an access device or a counterfeit access device. 
"(f) This section does not prohibit any lawfully authorized investi-
gative, protective, or intelligence activity of a law enforcement 
agency of the United States, a State, or a political subdivision of a 
State, or of an intelligence agency of the United States, or any 
activity authorized under title V of the Organized Crime Control Act 
of 1970) 18 U.S.C. note prec. 3481).". 
(b) The table of sections at the beginning of chapter 47 of title 18 of 
the United States Code is amended by adding at the end the 
following new item: 
"1029. Fraud and related activity in connection with access devices.". 
SEC. 1603. The Attorney General shall report to the Congress 
annually, during the first three years following the date of the 
enactment of this joint resolution, concerning prosecutions under 
the section of title 18 of the United States Code added by this 
chapter. 
CHAPTER XVII—SALARIES OF UNITED STATES ATTORNEYS 
SEC. 1701. (a) Section 548 of title 28, United States Code, is 
amended to read as follows: 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2185 
"§ 548. Salaries 
"Subject to sections 5315 through 5317 of title 5, the Attorney 
General shall fix the annual salaries of United States attorneys, 
assistant United States attorneys, and attorneys appointed under 
section 543 of this title at rates of compensation not in excess of the 
rate of basic compensation provided for Executive Level IV of the 
Executive Schedule set forth in section 5315 of title 5, United States 
Code.". 
(b) Section 5315 of title 5, United States Code, is amended by 
striking out the items relating to the United States Attorney for the 
Southern District of New York, the United States Attorney for the 
District of Columbia, the United States Attorney for the Northern 
District of Illinois, and the United States Attorney for the Central 
District of California. 
28 u s e 548. 
5 u s e 
5315-5317. 
28 u s e 543. 
CHAPTER XVIII—ARMED CAREER CRIMINAL 
SEC. 1801. This chapter may be cited as the "Armed Career 
Criminal Act of 1984". 
SEC. 1802. Section 1202(a) of title VII of the Omnibus Crime 
Control and Safe Streets Act of 1968 (18 U.S.C. App. 1202(a)) is 
amended by adding at the end "In the case of a person who receives, 
possesses, or transports in commerce or affecting commerce any 
firearm and who has three previous convictions by any court re-
ferred to in paragraph (1) of this subsection for robbery or burglary, 
or both, such person shall be fined not more than $25,000 and 
imprisoned not less than fifteen years, and, notwithstanding any 
other provision of law, the court shall not suspend the sentence of, 
or grant a probationary sentence to, such person with respect to the 
conviction under this subsection, and such person shall not be 
eligible for parole with respect to the sentence imposed under this 
subsection.". 
SEC. 1803. Section 1202(c) of title VII of the Omnibus Crime 
Control and Safe Streets Act of 1968 (18 U.S.C. App. 1202(c)) is 
amended— 
(1) by striking out the period at the end of paragraph (7) and 
inserting a semicolon in lieu thereof; and 
(2) by adding at the end the following: 
"(8) 'robbery' means any felony consisting of the taking of the 
property of another from the person or presence of another by 
force or violence, or by threatening or placing another person in 
fear that any person will imminently be subjected to bodily 
injury; and 
"(9) 'burglary' means any felony consisting of entering or 
remaining surreptitiously within a building that is property of 
another with intent to engage in conduct constituting a Federal 
or State offense.". 
Armed eareer 
eriminal Act of 
1984. 
18 u s e app. 
1201 note. 
Penalty. 
CHAPTER XIX—CRIMINAL JUSTICE ACT REVISION 
SEC. 1901. This chapter may be cited as the "Criminal Justice Act 
Revision of 1984". 
Subsection (d) of section 3006A of title 18, United States Code, is 
amended— 
(1) by striking out "$30" in paragraph (1) and inserting in lieu 
thereof "$60"; 
eriminal Justice 
Act Revision of 
1984. 
18 u s e 3006A 
note. 
31-194 
0 - 86 - 33 : QL. 3 Part 2 
98 STAT. 2186 
PUBLIC LAW 98-473—OCT. 12, 1984 
(2) by striking out "$20" in paragraph (1) and inserting in lieu 
thereof "$40"; 
(3) by striking out ", or such other hourly rate, fixed by the 
Judicial Council of the Circuit, not to exceed the minimum 
hourly scale established by a bar association for similar services 
rendered in the district" in paragraph (1); 
(4) by striking out "$1,000" each place it appears in paragraph 
(2) and inserting in lieu thereof "$2,000"; 
(5) by striking out "$400" in paragraph (2) and inserting in 
lieu thereof "$800"; and 
(6) by striking out "$250" in paragraph (2) and inserting in 
lieu thereof "$500". 
CHAPTER XX—TERRORISM 
Act for the Pre-
vention and 
Punishment of 
the Crime of 
Hostage-Taking. 
18 u s e 1201 
note. 
18 u s e 1203 
Effective date. 
18 u s e 1203 
note. 
PART A—HOSTAGE TAKING 
SEC. 2001. This part may be cited as the "Act for the Prevention 
and Punishment of the Crime of Hostage-Taking". 
SEC. 2002. (a) Chapter 55 of title 18 of the United States Code is 
amended by adding at the end the following new section: 
"§ 1203. Hostage taking 
"(a) Except as provided in subsection (b) of this section, whoever, 
whether inside or outside the United States, seizes or detains and 
threatens to kill, to injure, or to continue to detain another person 
in order to compel a third person or a governmental organization to 
do or abstain from doing any act as an explicit or implicit condition 
for the release of the person detained, or attempts to do so, shall be 
punished by imprisonment for any term of years or for life. 
"OaXD It is not an offense under this section if the conduct 
required for the offense occurred outside the United States unless— 
"(A) the offender or the person seized or detained is a national 
of the United States; 
"(B) the offender is found in the United States; or 
"(C) the governmental organization sought to be compelled is 
the Government of the United States. 
"(2) It is not an offense under this section if the conduct required 
for the offense occurred inside the United States, each alleged 
offender and each person seized or detained are nationals of the 
United States, and each alleged offender is found in the United 
States, unless the governmental organization sought to be compelled 
is the Government of the United States. 
"(CJ) As used in this section, the term 'national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(aX22)).". 
Ot)) The table of sections at the beginning of chapter 55 of title 18 of 
the United States Code is amended by adding at the end the 
following new item: 
"1203. Hostage taking.". 
Sec. 2003. This part and the amendments made by this part shall 
take effect on the later of— 
(1) the date of the enactment of this joint resolution; or 
(2) the date the International Convention Against the Taking 
of Hostages has come into force and the United States has 
become a party to that convention. 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2187 
PART B—AIRCRAFT SABOTAGE 
SHORT TITLE 
SEC. 2011. This part may be cited as the "Aircraft Sabotage Act". 
STATEMENT OF FINDINGS AND PURPOSE 
SEC. 2012. The Congress hereby finds that— 
(1) the Convention for the Suppression of Unlawful Acts 
Against the Safety of Civil Aviation (ratified by the United 
States on November 1, 1972) requires each contracting State to 
establish its jurisdiction over certain offenses affecting the 
safety of civil aviation; 
(2) such offenses place innocent lives in jeopardy, endanger 
national security, affect domestic tranquility, gravely affect 
interstate and foreign commerce, and are offenses against 
the law of nations; and 
(3) the purpose of this subtitle is to implement fully the 
Convention for the Suppression of Unlawful Acts Against the 
Safety of Civil Aviation and to expand the 
protection 
accorded to aircraft and related facilities. 
SEC. 2013. (a) Section 31 of title 18, United States Code, is 
amended— 
(1) in the first paragraph by— 
(A) striking out "and" before the term "spare part" and 
inserting "and 'special aircraft jurisdiction of the United 
States' " after the term "spare part"; and 
(B) striking out "Civil Aeronautics Act of 1938" and 
inserting in lieu thereof "Federal Aviation Act of 1958"; 
(2) by striking out "and" at the end of the third undesignated 
paragraph thereof; 
(3) by striking the period at the end thereof and inserting in 
lieu thereof ";" ; and 
(4) by adding at the end thereof the following new paragraphs: 
" 'In flight' means any time from the moment all the external 
doors of an aircraft are closed following embarkation until the 
moment when any such door in opened for disembarkation. In the 
case of a forced landing the flight shall be deemed to continue until 
competent authorities take over the responsibility for the aircraft 
and the persons and property on board; and 
" 'In service' means any time from the beginning of preflight 
preparation of the aircraft by ground personnel or by the crew for a 
specific flight until twenty-four hours after any landing; the period 
of service shall, in any event, extend for the entire period during 
which the aircraft is in flight.". 
(b) Section 32 of title 18, United States Code, is amended to read as 
follows: 
"§ 32. Destruction of aircraft or aircraft facilities 
"(a) Whoever willfully— 
"(1) sets fire to, damages, destroys, disables, or wrecks any 
aircraft in the special aircraft jurisdiction of the United States 
or any civil aircraft used, operated, or employed in interstate, 
overseas, or foreign air commerce; 
"(2) places or causes to be placed a destructive device or 
substance in, upon, or in proximity to, or otherwise makes or 
Aircraft Sabo-
tage Act. 
18 u s e 31 note. 
Safety. 
18 u s e 31 note. 
24 UST 564. 
24 UST 564. 
Ante, p. 2141. 
Penalties. 
98 STAT. 2188 
PUBLIC LAW 98-473—OCT. 12, 1984 
causes to be made unworkable or unusable or hazardous to work 
or use, any such aircraft, or any part or other materials used or 
intended to be used in connection with the operation of such 
aircraft, if such placing or causing to be placed or such making 
or causing to be made is likely to endanger the safety of any 
such aircraft; 
"(3) sets fire to, damages, destroys, or disables any air naviga-
tion facility, or interferes by force or violence with the operation 
of such facility, if such fire, damaging, destroying, disabling, or 
intefering is likely to endanger the safety of any such aircraft in 
flight; 
"(4) with the intent to damage, destroy, or disable any such 
aircraft, sets fire to, damages, destroys, or disables or places a 
destructive device or substance in, upon, or in proximity to, any 
appliance or structure, ramp, landing area, property, machine, 
or apparatus, or any facility or other material used, or intended 
to be used, in connection with the operation, maintenance, 
loading, unloading or storage of any such aircraft or any cargo 
carried or intended to be carried on any such aircraft; 
"(5) performs an act of violence against or incapacitates any 
individual on any such aircraft, if such act of violence or 
incapacitation is likely to endanger the safety of such aircraft; 
"(6) communicates information, knowing the information to 
be false and under circumstances in which such information 
may reasonably be believed, thereby endangering the safety of 
any such aircraft in flight; or 
"(7) attempts to do anything prohibited under paragraphs (1) 
through (6) of this subsection; 
shall be fined not more than $100,000 or imprisoned not more than 
twenty years or both. 
"(b) Whoever willfully— 
"(1) performs an act of violence against any individual on 
board any civil aircraft registered in a country other than the 
United States while such aircraft is in flight, if such act is likely 
to endanger the safety of that aircraft; 
"(2) destroys a civil aircraft registered in a country pther than 
the United States while such aircraft is in service or causes 
damage to such an aircraft which renders that 
aircraft 
incapable of flight or which is likely to endanger that aircraft's 
safety in flight; 
"(3) places or causes to be placed on a civil aircraft registered 
in a country other than the United States while such aircraft is 
in service, a device or substance which is likely to destroy that 
aircraft, or to cause damage to that aircraft which renders 
that aircraft incapable of flight or which is likely to endanger 
that aircraft's safety in flight; or 
"(4) attempts to commit an offense described in paragraphs (1) 
through (3) of this subsection; 
shall, if the offender is later found in the United States, be fined not 
more than $100,000 or imprisoned not more than twenty years, or 
both. 
"(c) Whoever willfully imparts or conveys any threat to do an act 
which would violate any of paragraphs (1) through (5) of subsection 
(a) or any of paragraphs (1) through (3) of subsection (b) of this 
section, with an apparent determination and will to carry the threat 
into execution shall be fined not more than $25,000 or imprisoned 
not more than five years, or both.". 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2189 
(c) Section 101(38)(d) of the Federal Aviation Act of 1958 (49 U.S.C. 
1301(38)(d), relating to the definition of the term "special aircraft 
49 USC app. 
jurisdiction of the United States", is amended— 
l^Ol. 
(1) in clause (i), by striking out "; or" and inserting in lieu 
thereof a semicolon; 
(2) at the end of clause (ii), by striking out "and" and inserting 
in lieu thereof "or;"; and 
(3) by adding at the end thereof the following new clause: 
"(iii) regarding which an offense as defined in subsection 
(d) or (e) of article I, section I of the Convention for the 
Suppression of Unlawful Acts against the Safety of Civil 
Aviation (Montreal, September 23, 1971) is committed if the 
24 UST 564. 
aircraft lands in the United States with an alleged offender 
still on board; and". 
SEC. 2014. (aXD Section 901 of the Federal Aviation Act of 1958 (49 Penalties. 
U.S.C. 1471) is amended by adding at the end thereof the following 
49 USC app. 
new subsections: 
1471. 
"(c) Whoever imparts or conveys or causes to be imparted or 
conveyed false information, knowing the information to be false and 
under circumstances in which such information may reasonably be 
believed, concerning an attempt or alleged attempt being made or to 
be made, to do any act which would be a crime prohibited by 
subsection (i), (j), (k), or (1) of section 902 of this Act, shall be subject 
to a civil penalty of not more than $10,000 which shall be recover-
able in a civil action brought in the name of the United States. 
"(d) Except for law enforcement officers of any municipal or State 
government or officers or employees of the Federal Government, 
who are authorized or required within their official capacities to 
carry arms, or other persons who may be so authorized under 
regulations issued by the Administrator, whoever while aboard, or 
while attempting to board, any aircraft in, or intended for operation 
in, air transportation or intrastate air transportation, has on or 
about his person or his property a concealed deadly or dangerous 
weapon, which is, or would be, accessible to such person in flight 
shall be subject to a civil penalty of not more than $10,000 which 
shall be recoverable in a civil action brought in the name of the 
United States.". 
(2) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 901. Civil penalties." 
is amended by inserting at the end thereof: 
"(c) Conveying false information. 
"(d) Concealed weapons.". 
(b) Section 901(a)(2) of the Federal Aviation Act of 1958 (49 U.S.C. 
1471(a)(2)) is amended by inserting "penalties provided for in subsec- 
49 USC app. 
tions (c) and (d) of this section or" after "Secretary of Transportation 
1471. 
in the case of. 
(cXl) Section 902(1)(1) of the Federal Aviation Act of 1958 (49 
U.S.C. 1472(1)(1) is amended by striking out "$1,000" and inserting in 
49 USC app. 
lieu thereof "$10,000". 
1472. 
(2) Section 902(1)(2) of the Federal Aviation Act of 1958 (49 U.S.C. 
1472(1)(2)) is amended by striking out "$5,000" and inserting in lieu 
49 USC app. 
thereof "$25,000". 
1472. 
98 STAT. 2190 
PUBLIC LAW 98-473—OCT. 12, 1984 
Penalties. 
49 u s e app. 
1472. 
Effective date. 
18 u s e 31 note. 
Counterfeit Ac-
cess Device and 
eomputer Fraud 
and Abuse Act of 
1984. 
18 u s e 1001 
note. 
Penalties. 
18 u s e 1030. 
42 u s e 2014. 
(d)(1) Section 902(m) of the Federal Aviation Act of 1958 (49 U.S.C. 
1472(m)) is amended to read as follows: 
" F A L S E INFORMATION AND THREATS 
"(m)(l) Whoever willfully and maliciously, or with reckless disre-
gard for the safety of human life, imparts or conveys or causes to be 
imparted or conveyed false information, knowing the information to 
be false and under circumstances in which such information may 
reasonably be believed, concerning an attempt or alleged attempt 
being made or to be made, to do any act which would be a felony 
prohibited by subsection (i), (j), (k), or (1) of this section, shall be fined 
not more than $25,000 or imprisoned not more than five years, or 
both. 
"(2) Whoever imparts or conveys or causes to be imparted or 
conveyed any threat to do an act which would be a felony prohibited 
by subsection (i), (j), (k), or (1) of this section with an apparent 
determination and will to carry the threat into execution shall be 
fined not more than $25,000 or imprisoned not more than five years, 
or both.". 
(2) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 902. eriminal penalties." 
is amended by striking out 
"(m) False information." 
and inserting in lieu thereof 
"(m) False information and threats.". 
SEC. 2015. This part shall become effective on the date of the 
enactment of this joint resolution. 
CHAPTER XXI—ACCESS DEVICES AND COMPUTERS 
SEC. 2101. This chapter may be cited as the "Counterfeit Access 
Device and Computer Fraud and Abuse Act of 1984". 
SEC. 2102. (a) Chapter 47 of title 18 of the United States Code as 
amended by chapter XVI of this joint resolution is further amended 
by adding at the end thereof the following: 
"§ 1030. Fraud and related activity in connection with computers 
"(a) Whoever— 
"(1) knowingly accesses a computer without authorization, or 
having accessed a computer with authorization, uses the oppor-
tunity such access provides for purposes to which such authori-
zation does not extend, and by means of such conduct obtains 
information that has been determined by the United States 
Government pursuant to an Executive order or statute to re-
quire protection against unauthorized disclosure for reasons of 
national defense or foreign relations, or any restricted data, as 
defined in paragraph r. of section 11 of the Atomic Energy Act 
of 1954, with the intent or reason to believe that such informa-
tion so obtained is to be used to the injury of the United States, 
or to the advantage of any foreign nation; 
"(2) knowingly accesses a computer without authorization, or 
having accessed a computer with authorization, uses the oppor-
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2191 
tunity such access provides for purposes to which such authori-
zation does not extend, and thereby obtains information 
contained in a financial record of a financial institution, as such 
terms are defined in the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3401 et seq.), or contained in a file of a consumer 
reporting agency on a consumer, as such terms are defined in 
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or 
"(3) knowingly accesses a computer without authorization, or 
having accessed a computer with authorization, uses the oppor-
tunity such access provides for purposes to which such authori-
zation does not extend, and by means of such conduct knowingly 
uses, modifies, destroys, or discloses information in, or prevents 
authorized use of, such computer, if such computer is operated 
for or on behalf of the Government of the United States and 
such conduct affects such operation; 
shall be punished as provided in subsection (c) of this section. It is 
not an offense under paragraph (2) or (3) of this subsection in the 
case of a person having accessed a computer with authorization and 
using the opportunity such access provides for purposes to which 
such access does not extend, if the using of such opportunity consists 
only of the use of the computer. 
"(bXl) Whoever attempts to commit an offense under subsection 
(a) of this section shall be punished as provided in subsection (c) of 
this section. 
"(2) Whoever is a party to a conspiracy of two or more persons to 
commit an offense under subsection (a) of this section, if any of the 
parties engages in any conduct in furtherance of such offense, shall 
be fined an amount not greater than the amount provided as the 
maximum fine for such offense under subsection (c) of this section or 
imprisoned not longer than one-half the period provided £is the 
maximum imprisonment for such offense under subsection (c) of this 
section, or both. 
"(c) The punishment for an offense under subsection (a) or (bXD of 
this section is— 
"(IXA) a fine of not more than the greater of $10,000 or twice 
the value obtained by the offense or imprisonment for not more 
than ten years, or both, in the case of an offense under subsec-
tion (aXD of this section which does not occur after a conviction 
for another offense under such subsection, or an attempt to 
commit an offense punishable under this subparagraph; and 
"(B) a fine of not more than the greater of $100,000 or twice 
the value obtained by the offense or imprisonment for not more 
than twenty years, or both, in the case of an offense under 
subsection (aXD of this section which occurs after a conviction 
for another offense under such subsection, or an attempt to 
commit an offense punishable under this subparagraph; and 
"(2XA) a fine of not more than the greater of $5,000 or twice 
the value obtained or loss created by the offense or imprison-
ment for not more than one year, or both, in the case of an 
offense under subsection (aX2) or (aXS) of this section which does 
not occur after a conviction for another offense under such 
subsection, or an attempt to commit an offense punishable 
under this subparagraph; and 
"(B) a fine of not more than the greater of $10,000 or twice the 
value obtained or loss created by the offense or imprisonment 
for not than ten years, or both, in the ceise of an offense 
under subsection (aX2) or (aX3) of this section which occurs after 
98 STAT. 2192 
PUBLIC LAW 98-473—OCT. 12, 1984 
U.S. Secret 
Service, 
investigations. 
Report. 
18 u s e 1030 
note. 
State and local 
governments. 
Labor relations. 
29 u s e 524a. 
29 u s e 167. 
Penalties. 
Ante, p. 2040. 
21 u s e 853. 
a conviction for another offense under such subsection, or an 
attempt 
to 
commit 
an 
offense 
punishable 
under 
this 
subparagraph. 
"(d) The United States Secret Service shall, in addition to any 
other agency having such authority, have the authority to investi-
gate offenses under this section. Such authority of the United States 
Secret Service shall be exercised in accordance with an agreement 
which shall be entered into by the Secretary of the Treasury and the 
Attorney General. 
"(e) As used in this section, the term 'computer' means an elec-
tronic, magnetic, optical, electrochemical, or other high speed data 
processing device performing logical, arithmetic, or storage func-
tions, and includes any data storage facility or communications 
facility directly related to or operating in conjunction with such 
device, but such term does not include an automated typewriter or 
typesetter, a portable hand held calculator, or other similar device.". 
(b) The table of sections at the beginning of chapter 47 of title 18 of 
the United States Code is amended by adding at the end the 
following new items: 
"1030. Fraud and related activity in connection with computers.". 
SEC. 2103. The Attorney General shall report to the Congress 
annually, during the first three years following the date of the 
enactment of this joint resolution, concerning prosecutions under 
the sections of title 18 of the United States Code added by this 
chapter. 
CHAPTER XXII 
SEC. 2201. Notwithstanding this or any other Act regulating labor-
management relations, each State shall have the authority to enact 
and enforce, as part of a comprehensive statutory system to elimi-
nate the threat of pervasive racketeering activity in an industry 
that is, or over time has been, affected by such activity, a provision 
of law that applies equally to employers, employees, and collective 
bargaining representatives, which provision of law governs service 
in any position in a local labor organization which acts or seeks to 
act in that State as a collective bargaining representative pursuant 
to the National Labor Relations Act, in the industry that is subject 
to that program. 
CHAPTER XXIII 
SEC. 2301. (a) Subsection (a) of section 1963 of title 18 of the United 
States Code, as amended by chapter III of this title, is further 
amended by adding at the end the following: "In lieu of a fine 
otherwise authorized by this section, a defendant who derives profits 
or other proceeds from an offense may be fined not more than twice 
the gross profits or other proceeds." 
(b) Section 1963 of title 18 of the United States Code, as amended 
by chapter III of this title, is further amended by striking out 
subsection (d). 
(c) Section 1963 (m)(l) of title 18 of the United States Code, as 
amended by chapter III of this title, is further amended by striking 
out "for at least seven successive court days". 
(d) Section 413(a) of title II of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970, as amended by chapter III of 
this title, is further amended by adding at the end the following: "In 
lieu of a fine otherwise authorized by this part, a defendant who 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2193 
derives profits or other proceeds from an offense may be fined not 
more than twice the gross profits or other proceeds." 
(e) Section 413 of title II of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970, as amended by chapter III of 
this title, is further amended— 
(1) by striking out subsection (d); and 
(2) by redesignating subsections (e), (f), (g), (h), (i), (1), (m), (n), 
(o), and (p) as subsections (d), (e), (0, (g), (h), (i), (j), (h), (1), (m), (n), 
and (o) respectively. 
(f) Section 413(n) of title II of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970, as amended by chapter III of 
this title, and as so redesignated by this chapter, is further amended 
by striking out "for at least seven successive court days". 
SEC. 2302. Part D of title II of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970, as amended by chapter III of 
this title and this chapter, is further amended by adding at the end 
the following new section: 
Ante, p. 2040. 
21 u s e 853. 
ALTERNATIVE FINE 
"SEC. 415. In lieu of a fine otherwise authorized by this part, a 
defendant who derives profits or other proceeds from an offense mav 
be fined not more than twice the gross profits or other proceeds.'. 
SEC. 2303. (a) Section 524 of title 28 of the United States Code, as 
amended by chapter III of this title, is further amended in subsec-
tion (cXl)— 
(1) by striking out "and" at the end of subparagraph (c); 
(2) by striking out the period at the end of subparagraph (1) 
and inserting a semicolon in lieu thereof; and 
(3) by inserting after subparagraph (D) the following: 
"(E) for equipping for law enforcement functions of forfeited 
vessels, vehicles, and aircraft retained as provided by law for 
official use by the Drug Enforcement Administration or the 
Immigration and Naturalization Service; and 
"(F) for purchase of evidence of any violation of the Controlled 
Substances Act or the Controlled Substances Import and Export 
Act.". 
(b) Section 524 of title 28 of the United States Code, as amended by 
chapter III of this title,, is further amended in subsection (c)— 
(1) by inserting after paragraph (2) the following new para-
graph: 
"(3) Any amount under subparagraph (F) of subsection (cXD of this 
section shall be paid at the discretion of the Attorney General or his 
delegate, except that the authority to pay $100,000 or more may be 
delegated only to the respective head of the agency involved."; and 
(2) by redesignating paragraphs (3) through (8) as (4) through 
(9) respectivelv. 
SEC. 2304. Section 613(a) of the Tariff Act of 1930, as amended by 
chapter III of this title, is further amended— 
(1) by striking out "and" at the end of subsection (aXD; 
(2) by striking out the period at the end of subsection (aX2) 
and inserting a semicolon in lieu thereof; 
(3) by inserting after paragraph (2) of subsection (a) the 
following: 
"(3) for equipping for law enforcement functions of forfeited 
vessels, vehicles, and aircraft retained as provided by law for 
official use by the United States Customs Service; and 
Ante, p. 2044. 
21 u s e 855. 
Ante, p. 2052. 
Drugs and drug 
abuse. 
Hazardous 
materials. 
Imports and 
exports. 
Transportation. 
Ante, p. 2054. 
Hazardous 
materials. 
Imports and 
exports. 
Transportation. 
98 STAT. 2194 
PUBLIC LAW 98-473—OCT. 12, 1984 
31 u s e 5301 et 
seq. 
President's 
Emergency Food 
Assistance Act of 
1984. 
Third world 
nations. 
7 u s e 1728 note. 
"(4) purchases by the United States Customs Service for 
evidence (A) of smuggling of controlled substances, and (B) of 
violations of the currency and foreign transaction reporting 
requirements of chapter 53 of title 31, United States Code, if 
there is a substantial probability that the violation of these 
requirements are related to the smuggling of controlled 
substances"; 
(4) by inserting after subsection (a) the following: 
"(b) If the expense of keeping the vessel, vehicle, aircraft, mer-
chandise, or baggage is disproportionate to the value thereof, and 
such value is less than $1,000, such officer may proceed forthwith to 
order destruction or other appropriate disposition of such property, 
under regulations prescribed by the Secretary of the Treasury. 
"(c) Amounts under subsection (a) of this section shall be avail-
able, at the discretion of the Commissioner of Customs, to reimburse 
the applicable appropriation for expenses incurred by the Coast 
Guard for a purpose specified in such subsection."; and 
(5) by redesignating subsections (b) through (f) as subsections 
(d) through (h) respectively. 
TITLE III—PRESIDENT'S EMERGENCY FOOD ASSISTANCE 
ACT OF 1984 
SHORT TITLE 
SEC. 301. This title may be cited as the "President's Emergency 
Food Assistance Act of 1984". 
PART A—PRESIDENT'S EMERGENCY FUND 
FINDINGS 
7 use 1728. 
SEC. 302. The Congress finds that— 
(1) acute food crises continue to cause loss of life, severe 
malnutrition, and general human suffering in many areas of 
the Third World, especially in sub-Saharan Africa; 
(2) the United States continues to respond to these needs, as a 
reflection of its humanitarian concern for the people of the 
Third World, with emergency food and other necessary assist-
ance to alleviate the suffering of those affected by severe food 
shortages; 
(3) the timely provision of food and other necessary assistance 
to those in need is of paramount importance if the worst effects 
of such food crises are to be mitigated; and 
(4) the ability of the United States to provide food and other 
necessary assistance on a timely basis, and to ensure that such 
assistance is distributed to those in need, should be enhanced in 
order to better enable the United States to help those affected 
by severe food shortages. 
President's 
Emergency Food 
Assistance Fund. 
7 u s e 1728a. 
ESTABUSHMENT OF THE FUND 
SEC. 303. (a) There is hereby established the President's Emer-
gency Food Assistance Fund (hereafter in this title referred to as the 
"Fund"). Whenever the President determines it to be in the national 
interest of the United States, he is authorized to furnish, in accord-
ance with the provisions of this part, and on such terms and 
conditions as he may determine, assistance from the Fund for the 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2195 
purpose of alleviating the human suffering of peoples outside the 
United States caused by acute food shortages. Such assistance may 
be provided through such governments or other entities, private or 
public, including intergovernmental and multilateral organizations, 
as the President deems appropriate. 
(b) Because the effects of severe food shortages will vary with the 
country or region, assistance to alleviate human suffering may 
include the provision of food assistance or such activities as the 
provision of seed, animal fodder, animal vaccines, and transporta-
tion (including inland transportation) and distribution services. 
(c) There are authorized to be appropriated to the President 
$50,000,000 each for fiscal year 1985 and fiscal year 1986 to carry out 
the purposes of this title, to remain available until expanded. 
(d) The President may make loans, advances, and grants to, make 
and perform agreements and contracts with, or enter into transac-
tions with, any individual, corporation, or other body of persons, 
government or government agency, whether within or without the 
United States, and international and intergovernmental organiza-
tions in furtherance of the purposes and within the limitations of 
this title. 
REPORTS 
SEC. 304. Not later than December 31 of each year, the President 
shall submit a comprehensive report to the appropriate committees 
of Congress detailing all activities carried out under the authority of 
this title during the previous fiscal year. 
Appropriations 
authorization. 
President of U.S. 
Grants. 
Contracts. 
President of U.S. 
7 u s e 1728b. 
PART 
B—FOOD FOR 
PEACE PROGRAM 
TRANSPORTATION AND STORAGE 
SEC. 305. Section 203 of the Agricultural Trade Development and 
Assistance Act of 1954 is amended by inserting after the semicolon 
at the end of clause (4) the following: "in the case of commodities for 
urgent and extraordinary relief requirements, including pre-
positioned commodities, transportation costs from designated points 
of entry or ports of entry abroad to storage and distribution sites 
and associated storage and distribution costs;". 
7 u s e 1723. 
TITLE IV 
SEC. 401. (a)(1) Notwithstanding any provision of title XX of the 
Social Security Act, the amount applicable under section 2003(c)(3) 
of such Act shall be $2,725,000,000 for fiscal year 1985. Of such 
amount, $25,000,000 shall be allotted and used in accordance with 
this section. 
(2) In addition to any other amounts appropriated under this 
resolution or any Act, there are hereby appropriated $25,000,000 for 
fiscal year 1985, for carrying out title XX of the Social Security Act, 
to be used in accordance with the provisions of this section. 
(3) Amounts appropriated under this section shall remain avail-
able until September 30, 1985, without regard to section 102 of this 
resolution. 
(4) Except as otherwise provided in this section, each State's 
allotment of the additional amounts authorized and appropriated 
under this section shall be the same proportion of $25,000,000 as 
such State's proportional allotment of other title XX funds for fiscal 
State and local 
governments. 
Appropriations 
authorizations. 
42 u s e 1397b 
note. 
42 u s e 1397. 
97 Stat. 861. 
42 u s e 1397. 
Ante, p. 1852. 
98 STAT. 2196 
PUBLIC LAW 98-473—OCT. 12, 1984 
42 u s e 1397b. 
Children and 
youth. 
42 u s e 1397. 
Reports. 
Audits. 
42 u s e 1397e. 
Children and 
youth. 
Effective date. 
86 Stat. 1109. 
year 1985, as determined under section 2003 of the Social Security 
Act. 
(b) The additional $25,000,000 made available to the States for 
fiscal year 1985 pursuant to subsection (a) shall— 
(1) be used only for the purpose of providing training and 
retraining (including training in the prevention of child abuse 
in child care settings) to providers of licensed or registered child 
care services, operators and staffs (including those receiving in-
service training) of facilities where licensed or registered child 
care services are provided, State licensing and enforcement 
officials, and parents; 
(2) be expended only to supplement the level of any funds that 
would, in the absence of the additional funds appropriated 
under this section, be available from other sources (including 
any amounts available under title XX of the Social Security Act 
without regard to this section) for the purpose specified in 
paragraph (1), and shall in no case supplant such funds from 
other sources or reduce the level thereof; and 
(3) be separately accounted for in the reports and audits 
provided for in section 2006 of the Social Security Act. 
(c)(1) In order to provide guidance and assistance to the States in 
utilizing funds allocated pursuant to title XX of the Social Security 
Act, not later than 3 months after the date of enactment of this 
section, the Secretary shall draft and distribute to the States for 
their consideration, a Model Child Care Standards Act containing— 
(A) minimum licensing or registration standards for day care 
centers, group homes, and family day care homes regarding 
matters including— 
(i) the training, development, supervision, and evaluation 
of staff; 
(ii) staff qualification requirements, by job classification; 
(iii) staff-child ratios; 
(iv) probation periods for new staff; 
(v) employment history checks for staff; and 
(vi) parent visitation; and 
(2XA) Any State receiving an allotment under such title from the 
funds made available as a result of subsection (a) shall have in 
effect, not later than September 30,1985— 
(i) procedures, established by State law or regulation, to 
provide for employment history and background checks; and 
(ii) provisions of State law, enacted in accordance with the 
provisions of Public Law 92-544 (86 Stat. 115) requiring nation-
wide criminal record checks 
for all operators, staff or employees, or prospective operators, staff 
or employees of child care facilities (including any facility or pro-
gram having primary custody of children for 20 hours or more per 
week), juvenile detention, correction or treatment facilities, with the 
objective of protecting the children involved and promoting such 
children's safety and welfare while receiving service through such 
facilities or programs. 
(B) In the case of any State not meeting the requirements of 
subparagraph (A) by September 30, 1985, such State's allotment for 
fiscal year 1986 or 1987 shall be reduced in the aggregate by an 
amount equal to one-half of the amount by which such State's 
allotment under such title was increased for fiscal year 1985 as a 
result of subsection (a). 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2197 
(d) The determination and promulgation required by section 
2003(b) of the Social Security Act with respect to the fiscal year 1985 
(to take into account the preceding provisions of this section) shall 
be made as soon as possible after the date of the enactment of this 
Act. 
SEC. 402. (a) The Congress finds that— 
(1) disturbing increases have occurred in recent years in the 
numbers of younger Americans who are abused; 
(2) many children who run away from home, who fall prey to 
pornography and prostitution, who suffer from a dependency on 
alcohol and drugs, and who become juvenile offenders, have 
been victims of child abuse; 
(3) research has shown that abuse tends to repeat itself, and 
many times parents who abuse their children were once victims 
themselves; 
(4) given the increased demand for treatment and crisis inter-
vention in child abuse and neglect cases. Federal funds distrib-
uted to States are most often used for treatment and little is left 
for prevention efforts; 
(5) since 1980 some States have begun to recognize the critical 
need for prevention efforts, and trust funds (generated by sur-
charges on marriage licenses, birth certificates or divorce ac-
tions, or by special checkoffs on income tax returns) are being 
established to allow such States to pay for child abuse and 
neglect prevention activities despite depressed State economies 
and budget cutbacks; 
(6) in recognition of the increased cases of child abuse and 
neglect, other States have established significant funds for child 
abuse and neglect prevention activities through direct appro-
priations; and 
(7) the Nation cannot afford to ignore the importance of 
preventing child abuse. 
(b) It is the purpose of sections 402 to 409, by providing for Federal 
challenge grants, to encourage States to establish and maintain 
trust funds or other funding mechanisms, including appropriations 
to support child abuse and neglect prevention activities. 
42 u s e 1397b. 
Children and 
youth. 
42 u s e 5116. 
DEFINITIONS 
SEC. 403. As used in sections 402 to 409— 
(1) the term "Secretary" means the Secretary of Health and 
Human Services; and 
(2) the term "State" means each of the several States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
42 u s e 5116a. 
GRANTS AUTHORIZED 
SEC. 404. (a) The Secretary is authorized, in accordance with the 
provisions of sections 402 to 409, to make grants to eligible States. 
(b) Payments under sections 402 to 409 may be made in any fiscal 
year following the fiscal year in which any State has collected funds 
for child abuse and neglect prevention activities through a trust 
fund or other funding mechanism. 
(c) There is authorized to be appropriated such sums as are 
necessary to carry out the provisions of sections 402 to 409 for the 
fiscal year 1985 and for each of the four succeeding fiscal years. 
State and local 
governments. 
42 u s e 5116b. 
98 STAT. 2198 
PUBLIC LAW 98-473—OCT. 12, 1984 
STATE ELIGIBILITY 
Grants. 
SEC. 405. Any State is eligible for a grant under sections 402 to 409 
42 use 5116c. 
for any fiscal year if such State has established or maintained in the 
previous fiscal year a trust fund or other funding mechanism, 
including appropriations, which is available only for child abuse and 
neglect prevention activities, including activities which— 
(1) provide statewide educational and public informational 
seminars for the purpose of developing appropriate public 
awareness regarding the problems of child abuse and neglect; 
(2) encourage professional persons and groups to recognize 
and deal with problems of child abuse and neglect; 
(3) make information about the problems of child abuse and 
neglect available to the public and organizations and agencies 
which deal with problems of child abuse and neglect; and 
(4) encourage the development of community prevention pro-
grams, including— 
(A) community-based educational programs on parenting, 
prenatal care, perinatal bonding, child development, basic 
child care, care of children with special needs, coping with 
family stress, personal safety and sexual abuse prevention 
training for children, and self-care training for latchkey 
children; and 
(B) community-based programs relating to crisis care, aid 
to parents, child-abuse counseling, peer support groups for 
abusive or potentially abusive parents and their children, 
lay health visitors, respite or crisis child care, and early 
identification of families where the potential for child abuse 
and neglect exists. 
LIMITATIONS 
Grants. 
SEC. 406. (a)(1) Any grant made to any eligible State under sec-
State and local 
tions 402 to 409 in any fiscal year shall be equal to the lesser o
f
— 
42^US(riii*6d 
^^^ ^^ percent of the total amount made available by such 
State for child abuse and neglect prevention activities and 
collected in the previous fiscal year in a trust fund (excluding 
any interest income from the principal of such fund) or through 
any other funding mechanism, including appropriations; or 
(B) an amount equal to 50 cents times the number of children 
residing in such State according to the most current data 
available to the Secretary. 
(2) For purposes of clause (B) of paragraph (1), the term "children" 
means individuals who have not attained the age of majority, as 
defined by such State. 
(b)(1) No grant may be made to any eligible State unless an 
application is made to the Secretary at such time, in such manner, 
and containing or accompanied by such information as the Secre-
tary deems essential to carry out the purposes and provisions of 
sections 402 to 409. Each application shall— 
(A) specify that the trust fund advisory board, or in States 
without a trust fund mechanism, the State liaison agency to the 
National Center on Child Abuse and Neglect, established by 
42 use 5101. 
section 2 of the Child Abuse Prevention and Treatment Act, will 
be responsible for administering and awarding of the Federal 
grants to eligible recipients carrying out activities described in 
section 5; 
PUBLIC LAW 98-473—OCT. 12, 1984 
98 STAT. 2199 
(B) provide assurances that any assistance received under 
sections 402 to 409 shall not be used as a source for non-Federal 
funds for the matching requirements of any other provision of 
Federal law; and 
(C) provide for keeping records and making such reasonable 
reports as the Secretary deems essential to carry out the pur-
poses and provisions of sections 402 to 409. 
(2) The Secretary shall approve any application that meets the 
requirements of this subsection, and the Secretary shall not disap-
prove any such application except after reasonable notice of the 
Secretary's intention to disapprove and opportunity for a hearing 
with respect to the disapproval. 
Records. 
Reports. 
WITHHOLDING 
SEC. 407. Whenever the Secretary, after reasonable notice to any 
State and opportunity for hearing within the State, finds that there 
has been a failure to comply with any provision of sections 402 to 
409, the Secretary shall notify the State that further payments will 
not be made under sections 402 to 409 until the Secretary is satisfied 
that there is no longer any such failure to comply. Until the 
Secretary is so satisfied, no further payments shall be made under 
sections 402 to 409. 
AUDIT 
SEC. 408. The Comptroller General of the United States, and any 
of his duly authorized representatives, shall have access for the 
purpose of audit and examination to any books, documents, papers, 
and records of any applicant and any other entity receiving assist-
ance under sections 402 to 409 that are pertinent to the sums 
received and disbursed under sections 402 to 409. 
State and local 
governments. 
42 u s e 5116e. 
42 u s e 5116f. 
REPORT 
SEC. 409. The Secretary shall prepare and submit to the Congress 
at the end of each year a compilation and analysis of any reports 
submitted by eligible States under section 6(b)(1)(C). 
Approved October 12, 1984. 
42 u s e 5116g. 
LEGISLATIVE HISTORY—H.J. Res. 648 (S.J. Res. 356): 
HOUSE REPORTS: No. 98-1030 (Comm. on Appropriations) and No. 98-1159 (eomm. 
of eonference). 
SENATE REPORT No. 98-634 accompanying S.J. Res. 356 (Comm. on Appropria-
tions). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 25, considered and passed House. 
Sept. 27-29, Oct. 1-4, considered and passed Senate, amended. 
Oct. 10, House agreed to conference report; receded from its disagreement and 
concurred in a certain Senate amendment. 
Oct. 11, Senate agreed to conference report.