Criminal Law and Procedure Technical Amendments Act of 1986
PL 99-646 (S.1236), enacted 11/10/1986

100 STAT. 3592 
PUBLIC LAW 99-646—NOV. 10, 1986 
Public Law 99-646 
99th Congress 
Nov. 10, 1986 
[S. 1236] 
Criminal Law 
and Procedure 
Technical 
Amendments 
Act of 1986. 
18 use 1 note. 
18 use 3673 
note. 
18 use 3551 
note. 
An Act 
To amend title 18 of the United States Code and other laws to make minor or 
technical amendments to provisions enacted by the Comprehensive Crime Control 
Act of 1984, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Criminal Law and Procedure 
Technical Amendments Act of 1986". 
SEC. 2. STYLISTIC CORRECTION. 
(a) IN GENERAL.—Section 3673 of title 18, United States Code, is 
amended— 
(1) by redesignating paragraphs (a) through (c) as paragraphs 
(1) through (3), respectively; and 
(2) by inserting the term" before each open quotation mark. 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the taking effect of section 3673 of title 18, 
United States Code. 
SEC. 3. CONFORMING REPEAL. 
(a) IN GENERAL.—Section 4216 of title 18, United States Code, is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 311 of title 18, United States Code, is amended by striking 
out the item related to section 4216. 
SEC. 4. CROSS REFERENCE CORRECTION. 
Section 992(c) of title 28, United States Code, is amended by 
striking out "section 225(a)(lXBXii) of the Sentencing Reform Act of 
1983" and inserting in lieu thereof "section 235(aXlXBXii) of the 
Sentencing Reform Act of 1984". 
SEC. 5. REPEAL OF OBSOLETE PROVISION. 
Section 993(bX2) of title 28, United States Code, is amended by 
striking out the sentence beginning "Before the appointment". 
SEC. 6. SENTENCING COMMISSION. 
(a) RESIDENCE REQUIREMENT WAIVED FOR MEMBERS.—Section 992 
of title 28, United States Code, is amended by adding at the end the 
following: 
"(d) Sections 44(c) and 134(b) of this title (relating to the residence 
of judges) do not apply to any judge holding a full-time position on 
the Commission under subsection (c) of this section.". 
(b) DUTIES.—Section 994 of title 28, United States Code, is 
amended— 
(1) in subsection (h), by striking out "by section 3581(b) of title 
18, United States Code,''; 
(2) in each of subsections (h) and (i), by striking out "will"; and 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3593 
(3) in subsection (t)— 
(A) by inserting "in what circumstances and" after 
"specify"; and 
(B) by striking out "that are outside the applicable guide-
line ranges". 
SEC. 7. PRESENTENCE REPORTS. 
'' 
' 
(a) IN GENERAL.—Section 3552 of title 18, United States Code, is 
amended— 
(1) in the third sentence of subsection (b), by striking out 
"take" and inserting "be" in lieu thereof; 
(2) in the eighth sentence of subsection (b), by inserting ", if 
the defendant is in custody," after "the United States marshal 
shall"; and 
* 
(3) in subsection (c), by striking out "it may" and all that 
J 
' 
follows through "4247." and inserting in lieu thereof "the court 
^ 
may order the same psychiatric or psychological examination 
'^'-'• 
and report thereon as may be ordered under section 4244(b) of 
this title.". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
18 USC 3552 
take effect on the date of the taking effect of section 3552 of title 18, note. 
United States Code. 
SEC. 8. RESTITUTION ORDERS. 
(a) IN GENERAL.—Section 3553(c) of title 18, United States Code, is 
amended by striking out "If the sentence does not include an order 
.. 
of restitution" and inserting in lieu thereof "If the court does not 
order restitution, or orders only partial restitution". 
(b) CONFORMING AMENDMENT.—Section 3579(a) of title 18, United 
••• ^• 
States Code, is amended— 
(1) by striking out "(1)" where it appears after "(a)"; and 
(2) by striking out paragraph (2). 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
18 use 3553 
take effect on the date of the taking effect of section 3553 of title 18, note. 
United States Code. 
SEC. 9. SENTENCING IN ABSENCE OF APPLICABLE GUIDELINE. 
(a) IN GENERAL.—Section 3553(b) of title 18, United States Code, is 
amended by adding at the end thereof "In the absence of an 
applicable sentencing guideline, the court shall impose an appro-
priate sentence, having due regard for the relationship of the sen-
tence imposed to sentences prescribed by guidelines applicable to 
similar offenses and offenders, the applicable policy statements of 
the Sentencing Commission, and the purposes of sentencing set 
i 
>- • 
forth in subsection (aX2).". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
18 use 8553 
take effect on the date of the taking effect of section 3553 of title 18, note. 
United States Code. 
SEC. 10. ELIMINATION OF DISCHARGE OF LIABILITY FOR UNEXECUTED 
FINE OR OTHER PUNISHMENT IMPOSED BY FULFILLMENT OF 
PROBATION TERMS AND CONDITIONS. 
(a) IN GENERAL.—Section 3561(a) of title 18, United States Code, as 
added by section 212(a) of the Comprehensive Crime Control Act of 
-act J - J '• 
1984, is amended by striking out the second sentence. 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
18 use 3561 
take effect on the date of the taking effect of such section 3561(a). note. 
100 STAT. 3594 
PUBLIC LAW 99-646—NOV. 10, 1986 
SEC. 11. ELIMINATION OF SECTION CROSS REFERENCE RELATING TO AU-
THORIZED IMPRISONMENT AS A CONDITION OF PROBATION. 
(a) I N GENERAL.—Section 3563(bXll) of title 18, United States 
Code, as added by section 212(a) of the Comprehensive Crime Con-
trol Act of 1984, is amended by striking out "in section 3581(b)". 
18 use 3563 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
"o*«- 
take effect on the date of the taking effect of such section 3563(bXll). 
SEC. 12. MODIFICATION OF CONDITIONS OF PROBATION. 
(a) TITLE 18 AMENDMENT.—Section 3563(c) of title 18, United 
States Code, is amended— 
(1) by striking out ", after a hearing"; 
(2) by inserting "the provisions of the Federal Rules of Crimi-
18 use app. 
i,,.^ nal Procedure relating to revocation or modification of proba-
tion" after "pursuant to". 
18 use app. 
(b) RULES AMENDMENT.—Rule 32.1(b) of the Federal Rules of 
Criminal Procedure is amended— 
(1) by inserting "to be" after "relief; 
(2) by striking out the period at the end and inserting in lieu 
thereof ", and the attorney for the government, after having 
been given notice of the proposed relief and a reasonable oppor-
tunity to object, has not objected. An extension of the term of 
probation is not favorable to the probationer for the purposes of 
this rule.". 
18 use 3563 
(c) EFFECTIVE DATES.—(1) The amendments made by subsection (a) 
"ote- 
shall take effect on the date of the taking effect of such section 
3563(c). 
18 use app. 
(2) The amendments made by subsection (b) shall take effect 30 
days after the date of enactment of this Act. 
SEC. 13. CONCURRENCE OF SENTENCE OF PROBATION. 
State and local 
(a) IN GENERAL.—Section 3564(b) of title 18, United States Code, as 
governments. 
added by section 212(a) of the Comprehensive Crime Control Act of 
1984, is amended by striking out the second sentence and inserting 
in lieu thereof the following: "A term of probation runs concur-
rently with any Federal, State, or local term of probation, super-
vised release, or parole for another offense to which the defendant is 
subject or becomes subject during the term of probation. A term of 
probation does not run while the defendant is imprisoned in connec-
tion with a conviction for a Federal, State, or local crime unless the 
imprisonment is for a period of less than thirty consecutive days.". 
18 use 3564 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect on the date of the taking effect of such section 3564. 
SEC. 14. AMENDMENTS RELATING TO SUPERVISED RELEASE. 
(a) IN GENERAL.—Section 3583(e) of title 18, United States Code, is 
amended— 
(1) by striking out "Modiflcation of term or conditions." and 
* inserting "Modincation of conditions or revocation." in lieu 
thereof; and 
(2) in paragraph (1), by striking out "previously ordered". 
18 use 3583 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect on the date of the taking effect of section 3583 of title 18, 
United States Code. 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3595 
SEC. 15. DUTIES OF PROBATION OFFICER 
(a) IN GENERAL.—Section 3603 of title 18, United States Code, is 
amended— 
(1) by redesignating paragraphs (a) through (h) as paragraphs 
(1) through (8), respectively; 
1
- 
(2) in paragraph (6) as so redesignated— 
' 
(A) by striking out "supervise" and inserting "assist in 
the supervision o f in lieu thereof; and 
(B) by inserting a comma after "about". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the taking effect of section 3603 of title 18, 
United States Code. 
SEC. 16. CREDIT TOWARD SERVICE OF TERM OF IMPRISONMENT. 
(a) IN GENERAL.—Subsection Ot)) of section 3624 of title 18, 
United States Code, as added by section 212(a) of the Comprehensive 
Crime Control Act of 1984, is amended by striking out after" the 
first place it appears and inserting "at the end of' in lieu thereof. 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
take effect on the date of the taking effect of such section 3624. 
SEC. 17. CONCURRENCE OF RUNNING OF TERM OF SUPERVISED RELEASE. 
(a) IN GENERAL.—Subsection (e) of section 3624 of title 18, United 
States Code, as added by section 212(a) of the Comprehensive Crime 
Control Act of 1984, is amended— 
(1) by striking out ". The term" the second place it appears 
and inserting "and" in lieu thereof; 
(2) by striking out ", except that it" and inserting ". A term of 
supervised release" in lieu thereof; 
g 
(3) by striking out ", other than during limited intervals as a 
condition of probation or supervised release,"; and 
(4) by inserting before the period at the end of the third 
sentence the following: "unless the imprisonment is for a period 
of less than 30 consecutive days". 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
take effect on the date of the taking effect of such section 3624. 
SEC. 18. PERMANENT AMENDMENT RELATING TO DUTIES OF DIRECTOR 
OF ADMINISTRATIVE OFFICE. 
(a) IN GENERAL.—The section of title 18, United States Code, that 
is redesignated section 3672 by section 212(a) of the Comprehensive 
Crime Control Act of 1984 is amended by adding at the end thereof: 
"He shall have the authority to contract with any appropriate 
public or private agency or person for the detection of and care 
in the community of an offender who is an alcohol-dependent 
person, or an addict or a drug-dependent person within the 
meaning of section 2 of the Public Health Service Act (42 U.S.C. 
201). This authority shall include the authority to provide equip-
ment and supplies; testing; medical, educational, social, psycho-
logical, and vocational services; corrective and preventive 
guidance and training; and other rehabilitative services de-
signed to protect the public and benefit the alcohol-dependent 
person, addict, or drug-dependent person by eliminating his 
dependence on alcohol or addicting drugs, or by controlling his 
dependence and his susceptibility to addiction. He may nego-
^ 
tiate and award such contracts without regard to section 3709 of 
the Revised Statutes (41 U.S.C. 5). 
18 use 3603 
note. 
98 Stat. 1987. 
18 use 3624 
note. 
18 use 3624 
note. 
Post, p. 3600. 
Alcohol and 
alcoholic 
beverages. 
Drugs and drug 
abuse. 
Contracts. 
100 STAT. 3596 
PUBLIC LAW 99-646—NOV. 10, 1986 
Prisoners. 
Health and 
medical care. 
18 use 3552. 
18 use 3672 
note. 
Alcohol and 
alcoholic 
beverages. 
Drugs and drug 
abuse. 
Contracts. 
18 use 3551 
note. 
18 u s e 3556 
note. 
98 Stat. 1987. 
"He shall pay for presentence studies and reports by qualified 
consultants and presentence examinations and reports by psy-
chiatric or psychological examiners ordered by the court under 
subsection (b) or (c) of section 3552, except for studies conducted 
by the Bureau of Prisons.", 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
take effect on the date of the taking effect of such redesignation. 
SEC. 19. INTERIM AMENDMENT RELATING TO DUTIES OF DIRECTOR OF 
ADMINISTRATIVE OFFICE. 
The second paragraph of section 4255 of title 18, United States 
Code, is amended to read as follows: 
"The Director of the Administrative Office of the United States 
Courts shall have the authority to contract with any appropriate 
public or private agency or person for the detection of and care in 
the community of an offender who is an alcohol-dependent person, 
or an addict or a drug-dependent person within the meaning of 
section 2 of the Public Health Service Act (42 U.S.C. 201). Such 
authority includes the authority to provide equipment and supplies; 
testing; medical, educational, social, psychological, and vocational 
services; corrective and preventive guidance and training; and other 
rehabilitative services designed to protect the public and benefit the 
alcohol-dependent person, addict, or drug-dependent person by 
eliminating that person's or addict's dependence on alcohol or 
addicting drugs, or by controlling that person's or addict's depend-
ence and susceptibility to addiction. Such Director may negotiate 
and award such contracts without regard to section 3709 of the 
Revised Statutes (41 U.S.C. 5).". 
SEC. 20. POWER TO ORDER RESTITUTION IN LIEU OF OTHER SENTENCES. 
(a) SECTION 3579 AMENDMENT.—Section 3579(aXl) of title 18, 
United States Code, is amended by inserting ", in the case of a 
misdemeanor," after "in addition to or". 
(b) SECTION 3556 AMENDMENT.—Section 3556 of title 18, United 
States Code, as amended by the Sentencing Reform Act of 1984, is 
amended by striking out "under this title" and all that follows 
through the end of such section and inserting in lieu thereof "may 
order restitution in accordance with sections 3663 and 3664.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the taking effect of section 212(aX2) of the 
Sentencing Reform Act of 1984. 
- -
SEC. 21. JUVENILE DISPOSITIONAL HEARING. 
(a) IN GENERAL.—Section 5037 of title 18, United States Code, as 
amended by section 214 of the Comprehensive Crime Control Act of 
1984, is amended— 
(1) in subsection (a), by striking out "(e)" and inserting "(d)" in 
lieu thereof; 
(2) in subsection (c)(lXB), by striking out "by section 3581(b)"; 
(3) in subsection (cX2XB), by striking out "by section 3581(b)"; 
and 
(4) in subsection (c), by adding the following at the end 
thereof: 
"Section 3624 is applicable to an order placing a juvenile under 
detention.". 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3597 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
18 use 5037 
take effect on the date the amendments made by such section 214 gg^gj.^^. 2013 
take effect. 
SEC. 22. ELIMINATION OF CROSS REFERENCE. 
(a) IN GENERAL.—Section 341 of the Public Health Service Act (42 
U.S.C. 257(a)) is amended by striking out "and who are not sen-
tenced to treatment under the Narcotic Addict Rehabilitation Act of 
1966". 
42 use 3401 
(b) EFFECTIVE DATE.—The amendment made by this section shall "g^g^. 257 n te 
take effect on the date the amendments made by section 232(a) of 
"° ' 
the Comprehensive Crime Control Act of 1984 take effect. 
42 use 257. 
SEC. 23. REDESIGNATION OF SUBSECTIONS. 
Section 1963 of title 18, United States Code, is amended— 
(1) in subsection (c) by striking out "(m)" and inserting in lieu 
thereof "(1)"; 
(2) in subsection (j) by striking out "(m)" and inserting in lieu 
f 
thereof "(1)"; and 
' 
(3) by redesignating subsections (e), (f), (g), (h), (i), (j), (k), (1), 
^ ^ , 
' 
and (m), as subsections (d), (e), (f), (g), (h), (i), (j), (k), and (1), 
-.t -t * 
respectively. 
SEC. 24. OFFENDERS WITH MENTAL DISEASE OR DEFECT. 
Subdivision (c) of Rule 12.2 of the Federal Rules of Criminal isUSCapp. 
Procedure is amended by inserting "4241 or" before "4242". 
SEC. 25. CORRECTION OF WRONG WORD USE. 
(a) IN GENERAL.—Rule 32(cX2XB) of the Federal Rules of Criminal 
18 use app. 
Procedure is amended by striking out "than" and inserting "from" 
in lieu thereof. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the taking effect of the amendment made by 
section 215(aX5) of the Comprehensive Crime Control Act of 1984. 18 use app. 
SEC. 26. SOLICITATION OFFENSE. 
Section 373 of title 18, United States Code, is amended— 
(1) by striking out "the person or property of another" and 
inserting in lieu thereof "property or sigainst the person of 
another"; and 
(2) by inserting "life imprisonment or" before "death". 
SEC. 27. FORFEITURE FUND. 
(a) Section 524(cXlXE) of title 28, United States Code, is 
amended— 
(1) by inserting "the Federal Bureau of Investigation, the 
United States Marshals Service," after "for official use by"; and 
(2) by inserting a comma before "or". 
(b) Paragraph (4) of section 524(c) of title 28 of the United States 
Code is amended by striking out "remaining after the payment of 
expenses for forfeiture and sale authorized by law" and inserting in 
lieu thereof ", except all proceeds of forfeitures available for use by 
the Secretary of the Treasury or the Secretary of the Interior 
pursuant to section 11(d) of the Endangered Species Act (16 U.S.C. 
;. ^ , , < 
1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 
'^ ' " 
U.S.C. 3375(d))". 
100 STAT. 3598 
PUBLIC LAW 99-646—NOV. 10, 1986 
SEC. 28. INSERTION OF MISSING WORD. 
^
'
^ 
r r 
Section 405A(b) of the Controlled Substances Act (21 U.S.C. 
845a(b)) is amended by inserting "parole" after "(2) at least three 
times any special". 
SEC. 29. RENUMBERING OF SECTION IN CHAPTER 65. 
18 use 1361 et 
(a) IN GENERAL.—Chapter 65 of title 18 of the United States Code 
*^9- 
is amended by redesignating the section 1365 relating to destruction 
of an energy facility as section 1366. 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 65 of title 18, United States Code, is amended by striking 
out "1365" the second place it appears and inserting in lieu thereof 
"1366". 
SEC. 30. REGISTRATION OF FOREIGN AGENTS. 
Section 219 of title 18, United States Code, is amended— 
(1) so that the first paragraph reads as follows: 
"(a) Whoever, being a public official, is or acts as an agent of a 
foreign principal required to register under the Foreign Agents 
22 use 611. 
Registration Act of 1938, as amended, shall be fined under this title 
or imprisoned for not more than two years, or both."; 
(2) by redesignating the second and third paragraphs as 
subsection (b) and (c), respectively; and 
District of 
i jg; 
(3) in the last paragraph by striking out "the Delegate from 
Columbia. 
the District of Columbia" and inserting in lieu thereof "Dele-
gate", and by striking out ", or a juror". 
,
T
^
r 
p 
. 
SEC. 31. RENUMBERING OF SECTION IN CHAPTER 25. 
(a) IN GENERAL.—Chapter 25 of title 18 of the United States Code 
is amended— 
(1) by redesignating section 511 relating to securities of 
States and private entities as section 513; and 
q;;c 5PU 8i 
(2) transferring the section so redesignated so that such sec-
tion appears after section 512 (relating to forfeiture of certain 
motor vehicles and motor vehicle parts). 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 25 of title 18 of the United States Code is amended— 
(1) by striking out "510. Securities of the State private enti-
ties."; and 
(2) by adding at the end the following: 
"513. Securities of the States and private entities.". 
1 .-.'" 
'..- *. 
SEC. 32. ELIMINATION OF SUPERFLUOUS CROSS-REFERENCE. 
Section 3731 of title 18, United States Code, is amended by strik-
ing out the fifth paragraph. 
SEC. 33. CORRECTION OF CLERICAL ERROR AND DESIGNATION OF 
SUBSECTIONS. 
(a) CORRECTION OF CLERICAL ERROR.—The first paragraph of sec-
tion 2232 of title 18, United States Code, is amended by inserting 
"not" after "imprisoned". 
(b) DESIGNATION OF SUBSECTIONS.—Section 2232 of title 18, United 
Ante, p. 1858. 
States Code, is amended— 
(1) by designating the first paragraph as subsection (a); and 
(2) by designating the second paragraph as subsection (b). 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3599 
SEC. 34. RENUMBERING OF SECTION IN CHAPTER 1. 
(a) IN GENERAL.—Section 20 of title 18, United States Code, is 
redesignated as section 17. 
0)) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 1 of title 18, United States Code, is amended by striking 
out "20" and inserting "17" in lieu thereof. 
SEC. 35. COORDINATING 
EFFECTIVE 
DATES 
FOR 
INITIAL 
SET 
OF SENTENCING GUIDELINES AND THE NEW SENTENCING 
CHAPTERS OF TITLE 18. 
Section 235(aXl)(B) of the Comprehensive Crime Control Act of 
18 use 3551 
1984 is amended— 
note. 
(1) in clause (i), by striking out "the chapter" and inserting 
"such chapter 58" in lieu thereof; and 
,ix gr (2) in clause (ii)— 
(A) by striking out ", and the provisions of sections 3581, 
s- ; 
3583, and 3624 of title 18, United States Code,"; 
(B) by striking out "the day after"; 
,j 
I 
(C) in subclause (III), by inserting "the day after" before 
"the Congress"; and 
to m.' 
(D) so that subclause (IV) reads as follows: 
"(IV) section 212(a)(2) takes effect, in the case of the 98 Stat. 1987. 
initial sentencing guidelines so promulgated.". 
SEC. 36. CLERICAL CORRECTIONS TO SECTION 1201 OF TITLE 18. 
Section 1201(a) of title 18, United States Code, is amended— 
(1) by striking out "when:" and inserting "when—" in lieu 
thereof; 
(2) so that the margin of paragraph (5) is aligned with the 
margin of paragraphs (1) through (4); 
(3) by striking out "The" in paragraph (5) and inserting "the" 
in lieu thereof; and 
(4) by striking out "his official duties," and inserting "official 
duties;" in lieu thereof. 
SEC. 37. CROSS REFERENCE DETAIL. 
(a) PENALTY CROSS REFERENCE.—Paragraph (2) of section 1150t>) of Kidnapping, 
title 18, United States Code, is amended by inserting "for the 
kidnapping or attempted kidnapping of a person described in section 
' 
1201(a)(5) of this title^' after "section 1201 of this title". 
O
t
)
) INCLUSION OF CERTAIN ATTEMPTS IN 1201 CROSS REFERENCE.— 
Section 1201(d) of title 18, United States Code, is amended by 
inserting "or (aX5)" after "subsection (a)(4)". 
SEC. 38. GENERAL DEFINITION OF ORGANIZATION. 
^ 
(a) IN GENERAL.—Chapter 1 of title 18, United States Code, is 
amended by adding after the section redesignated by section 23 the 
following: 
"§ 18. Organization defined 
18 use 18. 
"As used in this title, the term 'organization' means a person 
other than an individual.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 1 of title 18, United States Code, is amended by adding at 
the end the following: 
"18. Organization defined.". 
100 STAT. 3600 
PUBLIC LAW 99-646—NOV. 10, 1986 
SEC. 39. CREDITING OF MARSHAL'S FEES. 
' 
(a) IN GENERAL.—Section 1921 of title 28, United States Code, is 
amended— 
(1) by striking out "Only" and inserting in lieu thereof "(a) 
Except as otherwise provided by law, only"; 
(2) by striking out , except as otherwise provided"; 
(3) by inserting "(1)" before "For" the first place it appears; 
.^J, (4) by inserting "(2)" before "For" the second place it appears; 
*'" * (5) by inserting "(3)" before "For" the third place it appears; 
(6) by inserting "(4)" before "For" the fourth place it appears; 
/;r, leij -r lo 
(7) by inserting "(5)" before "For" the fifth place it appears; 
> i)tj 
(8) by inserting "(6)" before "For" the sixth place it appears; 
?"" 
(9) by inserting "(7)" before "For" the seventh place it 
appears; 
(10) by inserting "(8)" before "For" the eighth place it 
appears; 
(11) by inserting "(9)" before "For" the ninth place it appears; 
(12) by inserting "(bXD" before "No mileage fees"; 
(13) by inserting "(2)" before "The marshal may require a 
deposit to cover"; 
(14) by striking out each semicolon that appears at the end of 
i'S(; .1. '3 ; 
a paragraph and inserting in lieu thereof a period; and 
(15) by adding at the end the following: 
"(c) Notwithstanding section 3302 of title 31, the United States 
Marshals Service is authorized, to the extent provided in advance in 
appropriations Acts— 
"(1) to credit to such Service's appropriation all fees, commis-
sions, and expenses collected by such Service for— 
.k:. 
"(A) the service of civil process, including complaints, 
summonses, subpoenas, and similar process; and 
"M' 
"(B) seizures, levies, and sales associated with judicial 
orders of execution; and 
"(2) to use such credited amounts for the purpose of carrying 
out such activities.". 
28 use 1921 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
takeeffect30daysafterthedateof enactment of this Act. 
^ ' 
SEC. 40. CROSS REFERENCE ELIMINATION. 
* ^' 
Ante, p. 899. 
Section 3671(a) in chapter 232 of title 18, United States Code, 
that relates to special forfeiture of collateral profits of crime is 
amended by striking out "chapter 227 or 231 of. 
SEC. 4L REDESIGNATION OF DUPLICATE SECTIONS AND CHAPTER 
(a) SECTION REDESIGNATION.—Sections 3671 and 3672 in chap-
Ante, p. 3595. 
ter 232 of title 18, United States Code, that relates to special 
forfeiture of collateral profits of crime are redesignated as sections 
3681 and 3682, respectively. 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of the chapter 232 of title 18, United States Code, that relates to 
sx D
5
^
;
n 
special forfeiture of collateral profits of crime is amended by strik-
ing out "3671" and "3672" and inserting in lieu thereof "3681" and 
"3682", respectively. 
(c) CHAPTER DESIGNATION.—Chapter 232 of title 18, United 
States Code, that relates to special forfeiture of collateral profits of 
crime is redesignated as chapter 232A. 
(d) TABLE OF CHAPTERS.—The table of chapters at the beginning of 
part II of title 18, United States Ck)de, is amended by striking out the 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3601 
item relating to chapter 232 which relates to special forfeiture of 
collateral profits of crime and inserting in lieu thereof the following: 
"232A. Special forfeiture of collateral profits of crime 
3681". 
SEC. 42. REDESIGNATION OF SECTION. 
(a) IN GENERAL.—Chapter 113 of title 18, United States Code, is 
18 use 2311 et 
amended by redesignating the section 2320 that was enacted by seq. 
Public Law 98-547 as section 2321. 
98 Stat. 2770. 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 113 of title 18, United States Code, is amended by striking 
out "2320" the second place it appears and inserting in lieu thereof 
"2321". 
SEC. 43. ACCESSORY AFTER THE FACT. 
Section 3 of title 18, United States Code, is amended by inserting 
"life imprisonment or" after "or if the principal is punishable by'. 
SEC. 44. CORRECTION OF ERRONEOUS CROSS REFERENCES. 
(a) SECTION 1028 AMENDMENT.—Section 1028(e) of title 18, United 
States Code, is amended by striking out "title V of the Organized 
Crime Control Act of 1970 (18 U.S.C. note prec. 3481)" and inserting 
in lieu thereof "chapter 224 of this title". 
(b) SECTION 1029 AMENDMENT.—Section 1029(f) of title 18, United 
States Code, is amended by striking out "title V of the Organized 
Crime Control Act of 1970 (18 U.S.C. note prec. 3481)" and inserting 
in lieu thereof "chapter 224 of this title". 
18 use 3521 et 
SEC. 45. CROSS REFERENCE CORRECTION. 
*^^ 
Section 3076 of title 18, United States (Dode, is amended by strik-
ing out "title V of the Organized Crime Control Act of 1970" and 
18 use note 
inserting in lieu thereof "chapter 224 of this title". 
P^ec- 3481. 
SEC. 46. INCLUSION OF CERTAIN DELEGATES TO CONGRESS IN BRIBERY 
PROHIBITION. 
(a) SUBSECTION (a) AMENDMENTS.—Section 201(a) of title 18, United 
States C!ode, is amended— 
(1) by striking out "section:" and inserting "section—" in lieu 
''•' thereof; 
(2) in the first undesignated paragraph— 
District of 
- 
(A) by inserting "(1) the term" before " 'public official' "; Columbia. 
(B) by striking out "the Delegate from the District of 
Columbia," and inserting "Delegate," in lieu thereof; 
(C) by striking out "after he has qualified," and inserting 
"after such official has qualified, 
in lieu thereof; and 
iJB' 
(D) by striking out "juror; and" and inserting "juror;" in 
lieu thereof; 
,a 
(3) in the second undesignated paragraph— 
(A) by inserting "(2) the term" before " 'person"; and 
(B) by striking out "he will be" and inserting "such 
ism^ 
p|erson will be" in lieu thereof; and 
(4) in the third undesignated paragraph— 
(A) by inserting "(3) the term before " 'official act' "; and 
(B) by striking out "in his official capacity, or in his" and 
inserting "in such official's official capacity, or in such 
official's" in lieu thereof; 
(b) SUBSECTION (b) AMENDMENTS.—Section 201(b) of title 18, United 
States Code, is amended— 
(1) by striking out 
100 STAT. 3602 
PUBLIC LAW 99-646—NOV. 10, 1986 
"(b) Whoever directly" 
and inserting in lieu thereof the following: 
"(b) Whoever— 
"(1) directly"; 
(2) in paragraph (3), by striking out "his lawful duty; or" and 
' ^ 
inserting "the lawful duty of such official or person;" in lieu 
thereof; and 
— 
(3) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively, and adjusting the margins 
so that such subparagraphs are indented 6 ems. 
(c) SUBSECTION (C) AMENDMENTS.—Section 201(c) of title 18, United 
States Code, is amended— 
(1) by striking out "(c) Whoever, being" and inserting "(2) 
being" in lieu thereof; 
(2) by striking out "corruptly asks, demands, exacts, solicits, 
seeks, accepts, receives, or agrees to receive anything of value 
for himselr' and inserting in lieu thereof "corruptly demands, 
seeks, receives, accepts, or agrees to receive or accept anything 
of value personally"; 
(3) in paragraph (1), by striking out "his performance of any 
official act; or" and inserting in lieu thereof "the performance 
of any official act;" 
(4) in paragraph (3), by striking out "his official duty; or" and 
inserting in lieu thereof "the official duty of such official or 
person;'^ and 
(5) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively, and adjusting the margins 
so that such subparagraphs are indented 4 ems. 
(d) SUBSECTION (d) AMENDMENTS.—Section 201(d) of title 18, 
United States Code, is amended— 
(1) by striking out "(d) Whoever, directly" and inserting "(3) 
directly" in lieu thereof; and 
(2) by striking out "therefrom; or" and inserting "therefrom;" 
in lieu thereof; 
(e) SUBSECTION (e) AMENDMENTS.—Section 201(e) of title 18, United 
States Code, is amended— 
(1) by striking out "(e) Whoever, directly" and inserting "(4) 
directly"; 
. 
r 
(2) by striking out "asks, demands, exacts, solicits, seeks, 
accepts, receives, or agrees to receive anything of value for 
himself' and inserting in lieu thereof "demands, seeks, receives, 
% 
accepts, or agrees to receive or accept anything of value 
I 
personally"; 
(3) by striking out "in his testimony" and inserting "in testi-
mony" in lieu thereof; 
(4) by striking out "therefrom—" and inserting "therefrom;" 
in lieu thereof; and 
(5) in the undesignated paragraph— 
(A) by striking out "Shall and inserting "shall" in lieu 
thereof; 
1
) 
(B) by striking out "$20,000 or"; 
(C) by striking out "whichever is greater,"; 
(f) SUBSECTION (f) AMENDMENTS.—Section 201(f) of title 18, United 
States Code, is amended— 
(1) by striking out 
.T?V 
"(f) Whoever, otherwise" 
and inserting in lieu thereof the following: 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3603 
' "(c) Whoever— 
"(1) otherwise"; 
(2) by striking out "official duty, directly" and inserting in 
lieu thereof the following: 
"official duty— 
"(A) directly"; 
(g) SUBSECTION (g) AMENDMENTS.—Section 201(g) of title 18, United 
States Code, is amended— 
(1) by striking out 
"(g) Whoever, being" 
and inserting in lieu thereof 
"(B)being^; 
(2) by striking out "indirectly asks, demands, exacts, solicits, 
seeks, accepts, receives, or agrees to receive an3i;hing of value 
for himself' and inserting in lieu thereof "indirectly demands, 
seeks, receives, accepts, or agrees to receive or accept anything 
of value personally"; and 
(3) by striking out "by him; or" and inserting in lieu thereof 
"by such official or person;"; 
(h) SUBSECTION (h) AMENDMENTS.—Section 201(h) of title 18, 
United States Code, is amended— 
(1) by striking out 
"(h) Whoever, directly" 
and inserting in lieu thereof the following: 
"(2) directly"; and 
(2) by strilang out "because of his absence therefrom; or" and 
inserting in lieu thereof "because of such person's absence 
therefrom;"; 
(i) SUBSECTION (i) AMENDMENTS.—Section 201(i) of title 18, United 
States Code, is amended— 
(1) by striking out 
"(i) Whoever, directly" 
and inserting in lieu thereof the following: 
"(3) directly"; 
(2) by striking out "asks, demands, exacts, solicits, seeks, 
accepts, receives, or agrees to receive" and inserting in lieu 
thereof "demands, seeks, receives, accepts, or agrees to receive 
or accept"; 
(3) by striking out "for himself and inserting "personally" in 
lieu thereof; 
(4) by striking out "given by him" and inserting "given by 
such person" in lieu thereof; 
(5) by striking out "his absence therefrom—" £uid inserting 
"such person's absence therefrom;" in lieu thereof; and 
(6) in the undesi^ated paragraph— 
(A) by striking out "Shall" and inserting "shall"; and 
(B) by striking out "not more than $10,000' and inserting 
"under this title" in lieu thereof. 
(j) SUBSECTION (j) AMENDMENTS.—Section 2010) of title 18, United 
States Code, is amended— 
(1) by striking out 
"(j) Subsections (d), (e), (h), and (i)" 
and inserting in lieu thereof the following: 
"(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and 
(3) of subsection (c)"; and 
(2) by striking out "involving a technical or professional 
opinion,". 
100 STAT. 3604 
PUBLIC LAW 99-646—NOV. 10, 1986 
(k) SUBSECTION (k) AMENDMENT.—Section 201(k) of title 18, United 
States Code, is amended by striking out 
"(k)The" 
and inserting in lieu thereof the following: 
"(e) The". 
(1) REAUGNMENT AMENDMENT.—Section 201 of title 18, United 
States Code, as amended by this section is further amended so that 
the margins of each subsection, and of the paragraphs and subpara-
graphs of each subsection, are flush, indented 2 ems, and indented 4 
ems, respectively. 
18 use 201 note. 
(m) EFFECTIVE DATE.—The amendments made by this section shall 
take effect 30 days after the date of enactment of this Act. 
SEC. 47. INCLUSION OF CERTAIN DELEGATES TO CONGRESS IN PROHIBI-
TION AGAINST RECEIVING COMPENSATION FOR SERVICES 
RENDERED IN CONNECTION WITH A PROCEEDING IN WHICH 
THE UNITED STATES IS A PARTY. 
(a) IN GENERAL.—Section 203 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking out "indirectly receives or agrees to re-
ceive, or asks, demands, solicits, or seeks, any" and insert-
ing in lieu thereof the following: 
"indirectly— 
"(1) demands, seeks, receives, accepts, or agrees to receive or 
accept any"; 
(B) by striking out "by himself or another—" and insert-
ing in lieu thereof "personally or by another—"; 
^ « 
(C) by striking out 
: 
"(1) at a time when he" 
"'* 
and inserting in lieu thereof the following: 
"(A) at a time when such person"; 
District of 
(D) by Striking out "Delegate from the District of Colum-
Coiumbia. 
bia, Delegate Elect from the District of Columbia," and 
inserting in lieu thereof "Delegate, Delegate Elect,"; 
(E) by striking out 
^**- 
"(2) at a time when he" 
*^ 
- 
' 
. . 
and inserting in lieu thereof the following: 
III 'f. 
"(B) at a time when such person"; and 
(F) by striking out "commission, or" and inserting 
xp 
"commission; or" in lieu thereof; 
(2) in subsection O
t
)
)
— 
(A) by striking out 
"0)) Whoever, knowingly, otherwise than as provided by law for 
the proper discharge of official duties, directly or indirectly gives," 
and inserting in lieu thereof the following: 
"(2) knowingly gives,"; £uid 
(B) by striking out "employee—" and inserting "em-
t'-^n 
ployee; in lieu thereof; and 
(C) in the undesignated paragraph, by striking out "Shall 
be fined not more than $10,000" and inserting in lieu 
thereof "shall be fined under this title"; 
(3) in subsection (c)— 
Ml! 
(A) by striking out "parties (1) in which he" and inserting 
in lieu thereof the following: 
"parties— 
"(1) in which such employee"; 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3605 
T 
(B) by striking out "otherwise, or (2) which is pending" 
and inserting in lieu thereof the following: 
"otherwise; or 
"(2) which is pending"; 
' 
(C) by striking out "in which he is serving: Provided, That 
clause (2)" and inserting "in which such employee is serv-
ing except that paragraph (2) of this subsection"; and 
(D) section 203 of title 18, United States Code, as amended 
•
= '' 
' 
.'.,!'. 
by this section is further amended so that the margins of 
* ' 
each subsection, and of the paragraphs and subparagraphs 
of each subsection, are flush, indented 2 ems, and indented 
4 ems, respectively; and 
(4) by redesignating subsection (c) as subsection (b). 
(b) EFFECTIVE DATE.—The amendments made by this section shall 18 use 203 note. 
take effect 30 days after the date of enactment of this Act. 
SEC. 48. CROSS REFERENCE AND INTERNAL SUBSECTION REDESIGNA-
TION. 
I Section 1407 of the Victims of Crime Act of 1984 is amended— 
42 USC 10604. 
(1) in subsection (h) by striking out "1302" and inserting in 
lieu thereof "1402"; and 
(2) by redesignating subsection (h) as subsection (g). 
SEC. 49. REPEAL OF SECTION 1410 OF THE VICTIMS OF CRIME ACT OF 1984. 
18 USC 3150a. 
The Victims of Crime Act of 1984 is amended by striking out 
section 1410. 
SEC. 50. VICTIM AND WITNESS RELATED AMENDMENTS. 
(a) NEW PREDICATE OFFENSES.—Section 1961(a) of title 18, United 
States Code, is amended by inserting "section 1512 (relating to 
tampering with a witness, victim, or an informant), section 1513 
(relating to retaliating against a witness, victim, or an informant)," 
after "section 1511 (relating to the obstruction of State or local law 
enforcement),". 
0)) RULE OF CONSTRUCTION AS TO LEGAL REPRESENTATION.—Section 
1515 of title 18, United States Code, is amended— 
(1) in the heading of such section, by inserting "; general 
provision" after "provisions"; 
(2) by inserting "(a)" before "As"; and 
(3) by adding at the end the following: 
"(b) This chapter does not prohibit or punish the providing of 
lawful, bona fide, legal representation services in connection with or 
anticipation of an official proceeding.". 
SEC. 51. RELEASE PENDING SENTENCE. 
(a) IN GENERAL.—Section 3143 of title 18 of the United States Code 
is amended— 
(1) in subsection (b)(2)— 
nn J 
(A) by striking out "reversal or" and inserting in lieu 
thereof, "reversed,"; and 
(B) by inserting after "trial" the following: ", or a sen-
tence that does not include a term of imprisonment"; and 
(2) by adding at the end of subsection (c) the following: 
"Except as provided in subsection Ot)) of this section, the judicial 
officer, in a case in which an appeal has been taken by the United 
States under section 3742, shall— 
State and local 
governments. 
100 STAT. 3606 
PUBLIC LAW 99-646—NOV. 10, 1986 
^, 
"(1) if the person has been sentenced to a term of imprison-
ment, order that person detained; and 
"(2) in any other circumstance, release or detain the person 
18 use 3142. 
under section 3142.". 
18 use 3143. 
(b) CONFORMING REPEAL.—The amendment made by section 
223(f)(2) of the Comprehensive Crime Control Act of 1984 shall not 
take effect. 
18 use 3143 
(c) EFFECTIVE DATE FOR SUBSECTION (aX2).—The amendment made 
"°*^- 
by subsection (a)(2) shedl take effect on the date of the taking of 
effect of section 3742 of title 18, United States Code. 
SEC. 52. REVISION OF PRISON CONTRABAND PROHIBITION. 
(a) IN GENERAL.—Section 1791 of title 18 of the United States Code 
; 1/ 5
< 
is amended to read as follows: 
"§ 1791. Providing or possessing contraband in prison 
"(a) OFFENSE.—Whoever— 
"(1) in violation of a statute or a rule or order issued under a 
: i
» 
'I statute, provides to an inmate of a prison a prohibited object, or 
n 
attempts to do so; or 
"(2) being an inmate of a prison, makes, possesses, or obtains, 
or attempts to make or obtain, a prohibited object; 
shall be punished as provided in subsection (b) of this section. 
''^' 
"(b) PUNISHMENT.—The punishment for an offense under this 
section is a fine under this title or— 
"(1) imprisonment for not more than 10 years, or both, if the 
object is specified in subsection (cXlXA) of this section; 
"(2) imprisonment for not more than 5 years, or both, if the 
object is specified in subsection (cXl)(B) or (cXlXC) of this sec-
tion; 
"(3) imprisonment for not more than one year, or both, if the 
object is specified in subsection (cXlXD) or (cXlXE) of this sec-
wi 
tion; and 
"(4) imprisonment for not more than 6 months, or both, if the 
object is specified in subsection (cXlXF) of this section. 
"(c) DEFINITIONS.—As used in this section— 
"(1) the term 'prohibited object' means— 
"(A) a firearm or destructive device; 
"(B) ammunition, a weapon (other than a firearm or 
destructive device), or an object that is designed or intended 
• « J' 
to be used as a weapon or to facilitate escape from a prison; 
"(C) a narcotic drug, lysergic acid diethylamide, or 
phencyclidine; 
"(D) a controlled substance (other than a controlled sub-
stance referred to in subparagraph (C) of this subsection) or 
' • 'J : '/-'. an alcoholic beverage; 
"(E) any United States or foreign currency; and 
"(F) any other object that threatens the order, discipline, 
1/(1 - 
or security of a prison, or the life, health, or safety of an 
individual; 
"(2) the terms 'ammunition', 'firearm', and 'destructive 
device' have, respectively, the meanings given those terms in 
section 921 of this title; 
"(3) the terms 'controlled substance' and 'narcotic drug' have, 
respectively, the meanings given those terms in section 102 of 
the Controlled Substances Act (21 U.S.C. 802); and 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3607 
"(4) 
the 
term 
'prison' 
means 
a 
Federal 
correc-
tional, detention, or penal facility.", 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
18 use 1791 
take effect 30 days after the date of the enactment of this Act. ^o^e 
SEC. 53. ADDITIONAL CLASS OF INSTITUTIONS ADDED TO MUTINY AND 
RIOT PROHIBITION. 
(a) IN GENERAL.—Section 1792 of title 18 of the United States Code 
is amended by inserting ", detention," after "penal". 
(b) EFFECTIVE DATE.—The amendment made by this section shall 18 use 1792 
take effect 30 days after the enactment of this Act. 
^°^-
SEC. 54. AMENDMENTS TO THE FEDERAL RULES OF CRIMINAL PROCE- 18 USC app. 
DURE RELATING TO CONDITIONAL RULING ON MOTION FOR 
NEW TRIAL AND SENTENCING. 
(a) CONDITIONAL RUUNG.—Rule 29 of the Federal Rules of Crimi-
nal Procedure is amended by adding at the end the following: 
"(d) SAME: CONDITIONAL RULING ON GRANT OF MOTION.—If a motion 
for judgment of acquittal after verdict of guilty under this Rule is 
granted, the court shall also determine whether any motion for a 
new trial should be granted if the judgment of acquittal is thereafter 
vacated or reversed, specifjdng the grounds for such determination. 
If the motion for a new t r i ^ is granted conditionally, the order 
thereon does not affect the finality of the judgment. If the motion 
for a new trial has been granted conditionally and the judgment is 
reversed on appeal, the new trial shall proceed unless the appellate 
court has otherwise ordered. If such motion has been denied condi-
tionally, the appellee on appeal may assert error in that denial, and 
if the judgment is reversed on appeal, subsequent proceedings shall 
be in accordance with the order of the appellate court.". 
0)) EFFECTIVE DATE.—The amendments made by this section shall 
take effect 30 days after the date of the enactment of this Act. 
SEC. 55. STYLE CORRECTIONS TO CHAPTER 207 OF TITLE 18 AND ADDI-
TION OF PSYCHOLOGICAL TREATMENT TO LIST OF TREAT-
MENTS WHICH M
A
Y BE REQUIRED AS CONDITION OF RELEASE 
UNDER THAT CHAPTER 
(a) CHAPTER AMENDMENT.—Chapter 207 of title 18, United States 18 use 3i4i et 
Code, is amended by striking out "pursuant to the provisions o f 
*^9-
each place it appears and inserting "under" in lieu thereof. 
0)) SECTION 3141 AMENDMENTS.—Section 3141(a) of title 18, United 
States Code, is amended— 
(1) by striking out "who is"; 
(2) by striking out "pursuant to section" and inserting "under 
section" in lieu thereof; 
(3) by inserting "before whom an arrested person is brought" 
after'k)f this title"; 
(4) by striking out "an arrested" £md inserting "such" in lieu 
thereof; and 
(5) by striking out "who is brought before him". 
(c) SECTION 3142 AMENDMENTS.—Section 3142 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking out "his"; and 
(ii) by inserting "of this section" after "subsection 
(b)"; 
100 STAT. 3608 
PUBLIC LAW 99-646—NOV. 10, 1986 
(B) in paragraph (2), by inserting "of this section" after 
"subsection (c)"; 
(C) in paragraph (3), by inserting "of this section" after 
"subsection (d)"; 
(D) in paragraph (4), by inserting "of this section" after 
"subsection (e)"; 
(2) in subsection (b), by striking out "his" each place it 
appears; 
(3) in subsection (c)— 
(A) by inserting "(1)" before "If the judicial officer"; 
(B) by inserting "of this section" after "subsection (b)"; 
(C) by striking out "he" each place it appears and insert-
ing "such judicial officer" in lieu thereof; 
(D) by striking out "his" each place it appears; 
(E) in paragraph (2)(A), by striking out "supervise him" 
and insert in lieu thereof "assume supervision ; 
(F) in paragraph (2)(J), by inserting ", psychological," 
after "medical ; 
(G) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B) respectively; 
(H) by redesignating subparagraphs (A) through (N) as 
clauses (i) through (xiv) respectively; 
(I) by designating the next to last sentence as paragraph 
(2); and 
(J) by designating the last sentence as paragraph (3); 
(4) in subsection (d)— 
(A) by striking out "he" the first place it appears and 
inserting "such judicial officer" in lieu thereof; 
(B) bv striking out "the person" and inserting "such 
person' in lieu thereof; 
(C) by inserting "of this subsection" after "paragraph 
(IXB)"; and 
(D) by striking out "that he is" and all that follows 
through "lawfully admitted" and inserting "such person's 
United States citizenship or lawful admission"; 
(5) in subsection (e)— 
(A) by inserting "of this section" after "subsection (f)"; 
(B) by striking out "described in (f)(1)" and inserting 
"described in subsection (fKD of this section" in lieu 
thereof; 
(C) by inserting "of this section" after "subsection (fXD" 
each place it appears; 
(D) by inserting "of this subsection" after "paragraph (1)" 
each place it appears; 
(E) by striking out "prior to" and inserting "before" in 
lieu thereof; 
(F) by striking out "he" and inserting "such judicial 
officer" in lieu thereof; and 
(G) by striking out "the judge" and inserting "such 
judicial officer" in lieu thereof; 
(6) in subsection (f)— 
(A) by inserting "of this section" after "subsection (c)"; 
(B) by striking out "in a case"; 
(C) in paragraph (1), by inserting "in a case" after 
"Government,'; 
(D) in paragraph (IXD), by inserting "of this paragraph" 
after "(C)" each place it appears; 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3609 
(E) in paragraph (2)— 
(i) by striking out "Upon" and inserting "upon" in 
lieu thereof; and 
(ii) by inserting "in a case" after "own motion,"; 
(F) by striking out "on his own motion" and inserting 
"sua sponte" in lieu thereof; 
(G) by striking out "whether he is an addict" and insert-
ing "whether such person is an addict" in lieu thereof; 
(H) by striking out "the person" and inserting "such 
person" in lieu thereof; 
(I) by striking out "he is financially" and inserting 
"financially" in lieu thereof; 
(J) by striking out "for him"; and 
(K) by striking out "on his own behalf; 
(7) in subsection (g)— 
(A) in paragraph (3)— 
(i) in subparagraph (A), by striking out "his" and 
inserting "the person's" in lieu thereof; and 
(ii) in subparagraph (B), by striking out "he" and 
inserting "the person" in lieu thereof; and 
(B) in paragraph (4), by inserting "of this section" after 
"(c)(2XL)"; 
' 
(8) in subsection (h)— 
(A) by inserting "of this section" after "(c)"; and 
(B) in paragraph (2XC), by striking out "the provisions 
of; and 
(9) in subsection (i)— 
(A) by inserting "of this section" after "(e)"; and 
(B) by striking out "his". 
(d) SECTION 3143 AMENDMENTS.—Section 3143 of title 18, United 
States Code, is amended— 
(1) in subsections (a) and (b)(1), by striking out "pursuant to" 
each place it appears and inserting "under" in lieu thereof; 
(2) in subsections (a), (b), and (c), by striking out "the provi-
sions o f each place it appears; 
(3) in subsection (b), by inserting "of this title" after "(c)" each 
place it appears; 
(4) by striking out "he" each place it appears and inserting 
"such judicial officer" in lieu thereof; and 
(5) in subsection (c), by inserting "of this title" after "3142". 
(e) SECTION 3144 AMENDMENTS.—Section 3144 of title 18, United 
States Code, is amended— 
(1) by striking out "subpena" and inserting "subpoena" in lieu 
thereof; and 
(2) by inserting "of this title" after "3142". 
(f) SECTION 3146 AMENDMENTS.—Section 3146 of title 18, United 
States Code, is amended— 
(1) by striking out subsection (a) and all that follows through 
subsection (b) and inserting in lieu thereof the following: 
"(a) OFFENSE.—Whoever, having been released under this chapter 
knowingly— 
"(1) fails to appear before a court as required by the condi-
tions of release; or 
"(2) fails to surrender for service of sentence pursuant to a 
court order; 
shall be punished as provided in subsection (b) of this section. 
100 STAT. 3610 
PUBLIC LAW 99-646—NOV. 10, 1986 
"(b) PUNISHMENT.—(1) The punishment for an offense under this 
section is— 
"(A) if the person was released in connection with a charge of, 
or while awaiting sentence, surrender for service of sentence, or 
appeal or certiorari after conviction for— 
"(i) an ofTense punishable by death, life imprisonment, or 
imprisonment for a term of 15 years or more, a fine under 
this title or imprisonment for not more than ten years, or 
both; 
"(ii) an ofTense punishable by imprisonment for a term of 
five years or more, a fine under this title or imprisonment 
for not more than five years, or both; 
"(iii) any other felony, a fine under this title or imprison-
ment for not more than two years, or both; or 
"(iv) a misdemeanor, a fine under this chapter or impris-
onment for not more than one year, or both; and 
"(B) if the person was released for appearance as a material 
witness, a fine under this chapter or imprisonment for not more 
than one year, or both. 
"(2) A term of imprisonment imposed under this section shall be 
consecutive to the sentence of imprisonment for any other offense."; 
(2) in subsection (c)— 
(A) by striking out "that he" the first place it appears and 
inserting in lieu thereof "to"; and 
aai • 
(B) by striking out "he appeared" and inserting in lieu 
thereof "the person appeared ; and 
(3) in subsection (d)— 
(A) by mserting "of this title" after "3142(b)"; 
(B) by striking out "section 3142 (cX2XK) or (cX2XL)" and 
inserting "clause (xi) or (xii) of section 3142(c)(1)(B) of this 
title" in lieu thereof. 
(g) SECTION 3147 AMENDMENTS.—Section 3147 of title 18, United 
States Code, is amended— 
(1) by striking out "pursuant to" each place it appears and 
inserting "under" in lieu thereof; and 
(2) by inserting a comma after "for the offense". 
(h) SECTION 3148 AMENDMENTS.—Section 3148 of title 18, United 
States Code, is amended— 
(1) in subsection (a), by inserting "of this title" after "3142"; 
(2) in subsection (b)— 
(A) by striking out "his" the first place it appears and 
inserting "such person's" in lieu thereof; 
(B) by striking out "his" each other place it appears; 
* 
(C) by strikii^ out "he" the first place it appears and 
inserting "such person" in lieu thereof; 
(D) by inserting a comma after "period of release"; 
- 
(E) by inserting "ofthis title" after "3142(g)"; 
(F) by striking out "he" the second place it appears and 
inserting "the judicial officer" in lieu thereof; and 
(G) by inserting "of this title" after "3142"; and 
* 
(3) in subsection (c>— 
(A) by striking out "judge" and inserting "judicial offi-
cer" in lieu thereof; 
(B) by inserting "ofthis title" after "401"; and 
(C) by striking out "his". 
(i) SECTION 3156 AMENDMENTS.—Section 3156(a) of title 18, United 
States Code, is amended— 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3611 
(1) by striking out "The term" each place it appears and 
inserting "the term" in Ueu thereof; and 
(2) by striking out "and" at the end of paragraph (2). 
(j) EFFECTIVE DATE.—The amendments made by this section shall 
take effect 30 days after the date of enactment of this Act. 
SEC. 56. CORRECTION OF PRINTING ERROR IN SENTENCING GUIDELINES 
ACT OF 1986. 
Section 994(bX2) of title 28» United States Code, is amended by 
striking out "that, if the maximum" and inserting "that, if the 
minimum" in lieu thereof. 
SEC. 57. DISCLOSURES WITH RESPECT TO CERTAIN CONVICTS AND 
AMENDMENT RELATING TO PAROLE REGIONS. 
(a) DISCLOSURE BY ATTORNEY GENERAL.—Section 4082 of title 18, 
United States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g), and 
(2) by inserting after subsection (e) the following new 
subsection: 
"(fXD The Attorney Genera 
nail, upon the request of the head of 
any law enforcement agency of a State or of a unit of local govern-
ment in a State, make available as expeditiously as possible to such 
£^ency, with respect to prisoners who have been convicted of felony 
offenses against the United States and who are confined at a facility 
which is a residential community treatment center located in the 
geographical area in which such agency has jurisdiction, the follow-
ing information maintained by the Bureau of Prisons (to the extent 
that the Bureau of Prisons maintains such information)— 
"(A) the names of such prisoners; 
"(B) the community treatment center addresses of such pris-
oners; 
"(C) the dates of birth of such prisoners; 
"(D) the Federal Bureau of Investigation numbers assigned to 
such prisoners; 
"(E) photographs and fingerprints of such prisoners; and 
"(F) the nature of the offenses against the United States of 
which each such prisoner has been convicted and the factual 
circumstances relating to such offenses. 
"(2) Any law enforcement agency which receives information 
under this subsection shall not disseminate such information out-
side of such agency.". 
(b) DISCLOSURE BY COMMISSION.—Section 4203 of title 18, United 
States Code, is amended by adding at the end thereof the following 
new subsection: 
"(eXD The Commission shall, upon the request of the head of any 
law enforcement agency of a State or of a unit of local government 
in a State, make available as expeditiously as possible to such 
agency, with respect to individuals who are under the jurisdiction of 
the Commission, who have been convicted of felony offenses against 
the United States, and who reside, are employed, or are supervised 
in the geographical area in which such agency has jurisdiction, the 
following information maintained by the Commission (to the extent 
that the Commission maintains such information)— 
"(A) the names of such individuals; 
"(B) the addresses of such individuals; 
"(C) the dates of birth of such individuals; 
18 u s e 3141 
note. 
State and local 
governments. 
Classified 
information. 
State and local 
governments. 
100 STAT. 3612 
PUBLIC LAW 99-646—NOV. 10, 1986 
"(D) the Federal Bureau of Investigation numbers assigned to 
such individuals; 
"(E) photographs and fingerprints of such individuals; and 
"(F) the nature of the offenses against the United States of 
^ 
which each such individual has been convicted and the factual 
circumstances relating to such offense. 
Classified 
"(2) Any law enforcement agency which receives information 
information. 
under this subsection shall not disseminate such information out-
side of such agency.". 
(c) PAROLE REGIONS.—Section 4203(aX2) of title 18, United States 
Code, is amended by striking out ", but in no event less than five". 
SEC. 58. PAROLE-RELATED CORRECTIONS. 
(a) NATIONAL APPEALS BOARD.—Section 4204(aX5) of title 18, 
United States Code, is amended by striking out "three" and insert-
ing in lieu thereof "not fewer than three". 
(b) PERSONAL CONFERENCE WITH REPRESENTATIVE OF COMMIS-
SION.—Section 4208(g) of title 18, United States Code, is amended by 
striking out "the Commissioners or examiners conducting the 
proceeding" and inserting "a representative of the Commission" in 
lieu thereof. 
(c) CONDITIONS OF PAROLE.—Section 4209(dXl) of title 18, United 
States Code, is amended by adding at the end thereof the following: 
"Notwithstanding any other provision of this paragraph, the 
Commission may modify conditions of parole, without regard to such 
ten-day period, on any such motion if the Commission determines 
that the immediate modification of conditions of parole is required 
to prevent harm to the parolee or to the public". 
(d) RUNNING OF TERMS.—Section 4210(bX2) of title 18, United 
States Code, is amended— 
(1) by striking out "a Federal, State, or local crime" and 
inserting "any criminal offense" in lieu thereof; and 
(2) by striking out "crime" the second place it appears and 
inserting "offense" in lieu thereof. 
(e) EuMiNATiON OF OBSOLETE PROVISION.—Section 4210 of title 18, 
United States Code, is amended— 
(1) by striking out subsection (e); and 
(2) by redesignating subsection (f) as subsection (e). 
(f) REVOCATION OF PAROLE.—Section 42140t)Xl) of title 18, United 
States C!ode, is amended— 
(1) by striking out "a Federal, State, or local crime" and 
inserting in lieu thereof "any criminal offense"; and 
(2) by striking out "a crime" and inserting "an offense" in lieu 
thereof. 
(g) SECTION 3147 AMENDMENTS.—Section 3147 of title 18, United 
Code, is amended by striking out section 4217. 
(2) The table of sections at the beginning of chapter 311 of title 18, 
United States Code, is amended by striking out the item relating to 
section 4217. 
SEC. 59. PROGRAM THEFT AND BRIBERY. 
(a) IN GENERAL.—Section 666 of title 18, United States Code, is 
amended to read eis follows: 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3613 
"§666. Theft 
or 
bribery 
concerning 
programs 
receiving 
Federal funds 
"(a) Whoever, if the circumstance described in subsection (b) of 
this section exists— 
"(1) being an agent of an organization, or of a State, local, or 
Indian tribal government, or any agency thereof— 
"(A) embezzles, steals, obtains by fraud, or otherwise 
without authority knowingly converts to the use of any 
person other than the rightful owner or intentionally 
misapplies, property that— 
"(i) is valued at $5,000 or more, and 
"(ii) is owned by, or is under the care, custody, or 
control of such organization, government, or agency; or 
"(B) corruptly solicits or demands for the benefit of any 
person, or accepts or agrees to accept, anj^hing of value 
from any person, intending to be influenced or rewarded in 
connection with any business, transaction, or series of 
transactions of such organization, government, or agency 
involving any thing of value of $5,000 or more; or 
"(2) corruptly gives, offers, or agrees to give anything of value 
to any person, with intent to influence or reward an agent of an 
organization or of a State, local or Indian tribal government, or 
any agency thereof, in connection with any business, trans-
action, or series of transactions of such organization, govern-
ment, or agency involving anything of value of $5,000 or more; 
shall be fined under this title, imprisoned not more than 10 years, or 
both. 
"O?) The circumstance referred to in subsection (a) of this section 
is that the organization, government, or sigency receives, in any one 
year period, benefits in excess of $10,000 under a Federal program 
involving a grant, contract, subsidy, loan, guarantee, insurance, or 
other form of Federal assistance. 
"(c) This section does not apply to bona fide salary, wages, fees, or 
other compensation paid, or expenses paid or reimbursed, in the 
usual course of business. 
"(d) As used in this section— 
"(1) the term 'agent' means a person authorized to act on 
behalf of another person or a government and, in the case of an 
organization or government, includes a servant or employee, 
and a partner, director, officer, manager, and representative; 
"(2) the term 'government agency' means a subdivision of the 
executive, legislative, judicial, or other branch of government, 
including a department, independent establishment, commis-
sion, administration, authority, board, and bureau, and a cor-
poration or other legal entity established, and subject to control, 
by a government or governments for the execution of a govern-
mental or intergovernmental program; and 
"(3) the term 'local' means of or pertaining to a political 
subdivision within a State.". 
SEC. 60. EXTENSION OF CERTAIN PROTECTIONS FOR FAMILY MEMBERS 
OF CERTAIN OFFICIALS TO THOSE OFFICIALS. 
Section 115(a) of title 18, United States Code, is amended— 
(1) by striking out "18 U.S.C. 1114, as amended," and insert-
ing "section 1114 of this title, or threatens to assault, kidnap, or 
murder, a United States official, a United States judge, a Fed-
State and local 
governments. 
Indians. 
Grants. 
Contracts. 
Loans. 
Insurance. 
Wages. 
.2,' 
100 STAT. 3614 
PUBLIC LAW 99-646—NOV. 10, 1986 
eral law enforcement officer, or an official whose killing would 
be a crime under such section" in lieu thereof; 
(2) by striking out "he is"; and 
. 
' 
(3) by striking out "his". 
SEC. 61. KILLING WITNESSES. 
" 
Section 1512 of title 18, United States Code, is amended— 
(1) in subsection (aXl), by inserting ", delay, or prevent" after 
"influence"; 
(2) by inserting after the catchline the following: 
"(aXl) Whoever kills or attempts to kill another person, with 
intent to— 
"(A) prevent the attendance or testimony of any person in an 
official proceeding; 
"(B) prevent the production of a record, document, or other 
object, in an official proceeding; or 
"(C) prevent the communication by any person to a law 
enforcement officer or judge of the United States of information 
relating to the commission or possible commission of a Federal 
offense or a violation of conditions of probation, parole, or 
release pending judicial proceedings; 
shall be punished as provided in paragraph (2). 
"(2) The punishment for an offense under this subsection is— 
"(A) in the case of a killing, the punishment provided in 
sections 1111 and 1112 of this title; and 
"(B) in the case of an attempt, imprisonment for not more 
than twenty years."; and 
(3) by redesignating subsections (a) through (f) as subsections 
(b) through (g) respectively. 
SEC. 62. PROTECTION FOR MAJOR PRESIDENTIAL AND VICE PRESI-
DENTIAL CANDIDATES. 
Section 351 of title 18, United States Code, is amended— 
(1) in subsection (a), by inserting "a major Presidential or Vice 
Presidential candidate (as defined in section 3056 of this title)" 
after "Central Intelligence,"; and 
(2) in subsection (h), by striking out "official" and inserting 
"individual" in lieu thereof. 
SEC. 63. ADDITION OF FOREIGN COMMERCE TO COMMUNICATION OF 
THREAT OFFENSES. 
Section 875 of title 18, United States Code, is amended by insert-
ing "or foreign" after "interstate" each place it appears. 
SEC. 
6
4
. 
TRESPASS 
ON 
BUREAU 
OF 
PRISONS 
RESERVATIONS 
AND 
LAND. 
(a) IN GENERAL.—Chapter 87 of title 18, United States Code, is 
amended by inserting after section 1792 the following new section: 
18 use 1793. 
"§ 1793. Trespass on Bureau of Prisons reservations and land 
"Whoever, without lawful authority or permission, goes upon a 
reservation, land, or a facility of the Bureau of Prisons shall be fined 
not more than $500 or imprisoned not more than six months, or 
both." 
ft)) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 87 of title 18, United States Code, is amended by adding 
at the end the following new item: 
"1793. Trespass on Bureau of Prisons reservations and land.". 
i 
' 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3615 
SEC. 65. ARREST AUTHORITY. 
(a) IN GENERAL.—The first sentence of section 3050 of title 18, 
United States Code, is amended to read £is follows: 
"An officer or employee of the Bureau of Prisons may— 
"(1) make arrests on or off of Bureau of Prisons property 
without warrant for violations of the following provisions 
regardless of where the violation may occur: sections 111 
(assaulting officers), 751 (escape), and 752 (assisting escape) of 
title 18, United States Code, and section 1826(c) (escape) of title 
28, United States Code; 
"(2) make arrests on Bureau of Prisons premises or reserva-
tion land of a penal, detention, or correctional facility without 
warrant for violations occurring thereon of the following provi-
sions: sections 661 (theft), 1361 (depredation of property), 1363 
(destruction of property), 1791 (contraband), 1792 (mutiny and 
riot), and 1793 (trespass) of title 18, United States Code; and 
"(3) arrest without warrant for any other offense described in 
title 18 or 21 of the United States Code, if committed on the 
premises or reservation of a penal or correctional facility of the 
Bureau of Prisons if necessary to safeguard security, good order, 
or government property; 
if such officer or employee has reasonable grounds to believe that 
the arrested person is guilty of such offense, and if there is likeli-
hood of such person's escaping before an arrest warrant can be 
obtained.". 
(b) STYLE CORRECTION.—The second sentence of section 3050 of 
title 18, United States Code, is amended by striking out "he" and 
inserting "such prisoner". 
SEC. 66. AUTHORITY TO EXCHANGE INMATES WITH STATES. 
Subsection (a) of section 5003 of title 18, United States Code, is Contracts. 
amended to read as follows: 
"(a)(1) The Director of the Bureau of Prisons when proper and 
adequate facilities and personnel are available may contract with 
proper officials of a State or territory, for the custody, care, subsist-
ence, education, treatment, and training of persons convicted of 
crimmal offenses in the courts of such State or territory. 
"(2) Any such contract shall provide— 
"(A) for reimbursing the United States in full for all costs or 
expenses involved; 
"(B) for receiving in exchange persons convicted of criminal 
offenses in the courts of the United States, to serve their 
sentence in appropriate institutions or facilities of the State or 
territory by designation as provided in section 40820t)) of this 
title, this exchange to be made according to formulas or condi-
tions which may be negotiated in the contract; or 
"(C) for compensating the United States by means of a com-
bination of monetary payment and of receipt of persons con-
victed of criminal offenses in the courts of the United States, 
according to formulas or conditions which may be negotiated in 
the contract. 
"(3) No such contract shall provide for the receipt of more State or 
territory prisoners by the United States than are transferred to that 
State or territory by such contract.". 
100 STAT. 3616 
PUBLIC LAW 99-646—NOV. 10, 1986 
18 use 4044. 
18 use 4045. 
State and local 
governments. 
Health and 
medical care. 
Safety. 
Religion. 
SEC. 67. AUTHORITY TO ACCEPT DONATIONS AND CONDUCT AUTOPSIES. 
(a) IN GENERAL.—Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following: 
"§ 4044. Donations on behalf of the Bureau of Prisons 
"The Attorney General may, in accordance with rules prescribed 
by the Attorney General, accept in the name of the Department of 
Justice any form of devise, bequest, gift or donation of money or 
property for use by the Bureau of Prisons or Federal Prison Indus-
tries. The Attorney General may take all appropriate steps to secure 
possession of such property and may sell, assign, transfer, or convey 
such property other than money. 
"§ 4045. Authority to conduct autopsies 
"A chief executive officer of a Federal penal or correctional 
facility may, pursuant to rules prescribed by the Director, order an 
autopsy and related scientific or medical tests to be performed on 
the body of a deceased inmate of the facility in the event of 
homicide, suicide, fatal illness or accident, or unexplained death, 
when it is determined that such autopsy or test is necessary to 
detect a crime, maintain discipline, protect the health or safety of 
other inmates, remedy official misconduct, or defend the United 
States or its employees from civil liability arising from the adminis-
tration of the facility. To the extent consistent with the needs of the 
autopsy or of specific scientific or medical tests, provisions of State 
and local law protecting religious beliefs with respect to such au-
topsies shall be observed. Such officer may also order an autopsy or 
post-mortem operation, including removal of tissue for transplant-
ing, to be performed on the body of a deceased inmate of the facility, 
with the written consent of a person authorized to permit such an 
autopsy or post-mortem operation under the law of the State in 
which the facility is located.". 
0)) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 303 of title 18, United States Code, is £imended by adding 
after the item relating to 4043 the following new items: 
"4044. Donations on behalf of the Bureau of Prisons." 
"4045. Authority to conduct autopsies.". 
SEC. 68. ADDITION OF EXTORTION TO BANK ROBBERY OFFENSE. 
Section 2113(a) of title 18, United States Code, is amended by 
inserting ", or obtains or attempts to obtain by extortion" after 
"from the person or presence of another". 
SEC. 
69. 
INTERIM 
APPOINTMENT 
OF 
UNITED 
STATES 
ATTORNEYS. 
Section 546 of title 28, United States Code, is amended to read as 
follows: 
"§ 546. Vacancies 
"(a) Except as provided in subsection (b), the Attorney General 
may appoint a United States attorney for the district in which the 
office of United States attorney is vacant. 
"01)) The Attorney General shall not appoint as United States 
attorney a person to whose appointment by the President to that 
office the Senate refused to give advice and consent. 
"(c) A person appointed as United States attorney under this 
section may serve until the earlier o
f
— 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3617 
"(1) the qualification of a United States attorney for such 
district appointed by the President under section 541 of this 
title; or 
"(2) the expiration of 120 days after appointment by the 
Attorney Greneral under this section. 
"(d) If an appointment expires under subsection (cX2), the district 
court for such district may appoint a United States attorney to serve 
until the vacancy is filled. The order of appointment by the court 
shall be filed with the clerk of the court." 
SEC. 70. RELOCATION EXPENSES FOR EXCHANGE PARTICIPANTS. 
Section 209(e) of title 18, United States Code, is amended by 
striking out the period at the end and inserting in lieu thereof "or, 
in the case of participants in overseas assignments, in excess of 
three hundred and sixty-five days.". 
, r 
SEC. 71. VICTIMS OF CRIME ACT. 
Section 1404(cX2) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603) is amended— 
(1) in subparagraph (A), by striking out "not less than" and 
inserting in lieu thereof "not more than"; and 
(2) in subparagraph (B), by striking out "not more than" and 
inserting in lieu thereof "not less than". 
SEC. 72. BAIL. 
(a) SUBPARAGRAPH (D) AMENDMENTS.—Subparagraph (D) of section 
3142(f)(1) of title 18, United States Code, is amended— 
(1) by striking out "any felony committed after the person had 
been convicted of two or more prior offenses" and inserting in 
lieu thereof "any felony if the person has been convicted of two 
or more offenses"; and 
(2) by inserting before the semicolon ", or a combination of 
such offenses". 
0>) SUBPARAGRAPH (A) AMENDMENTS.—Subparagraph (A) of sec-
tion 3142(fK2) of title 18, United States Code, is amended by insert-
ing "or" after the semicolon. 
(c) SUBSECTION (f) AMENDMENT.—Subsection (f) of section 3142 of Safety. 
title 18, United States Code, is amended by adding at the end thereof 
the following: "The hearing may be reopened, before or after a 
determination by the judicial officer, at any time before trial if the 
judicial officer finds that information exists that was not known to 
the movant at the time of the hearing and that has a material 
bearing on the issue whether there are conditions of release that 
will reasonably assure the appearance of the person as required and 
the safety of any other person and the community.". 
SEC. 73. APPELLATE REVIEW. 
(a) IN GENERAL.—Section 3742(e) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking out "it shall" and all that 
follows through the end of such paragraph, and inserting in lieu 
thereof "the court shall remand the case for further sentencing 
proceedings with such instructions as the court considers appro-
priate;" and 
(2) in each of subparagraphs (A) and (B) of paragraph (2), by 
striking out "and— and all that follows through the end of the 
subparagraph and inserting in lieu thereof 
the court shall 
100 STAT. 3618 
PUBLIC LAW 99-646—NOV. 10, 1986 
remand the case for further sentencing proceedings with such 
instructions as the court considers appropriate;". 
SEC. 74. WARRANTS RELATING TO SEIZURE. 
Subsection 0?) of section 511 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 881(b)) is amended— 
(1) by striking out "or criminal" after "Any property subject 
to civil"; 
(2) in paragraph (4), by striking out "or criminal" after "is 
subject to civil"; and 
(3) by adding the following at the end thereof: 
"The Government may request the issuance of a warrant au-
thorizing the seizure of property subject to forfeiture under this 
section in the same manner as provided for a search warrant under 
18 use app. 
the Federal Rules of Criminal Procedure.". 
(b) Subsection (i) of section 511 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 881(i)) is amended by 
inserting ", or a violation of State or local law that could have been 
charged under this title or title III," after "title III". 
SEC. 75. PROBATIONERS AND PAROLEES. 
Section 3522(a) of title 18, United States Code, is amended by 
striking out "parolees" in the second sentence and inserting in lieu 
thereof "probationers or parolees, as the case may be". 
SEC. 76. STOLEN GOODS. 
The first and second paragraphs of section 2315 of title 18 of the 
United States Code are each amended— 
(1) by inserting "possesses," after "receives,"; and 
(2) by striking out "moving as, or which are a part of, or 
which constitute interstate or foreign commerce," and inserting 
in lieu thereof "which have crossed a State or United States 
boundary after being stolen, unlawfully converted, or taken,". 
SEC. 77. STANDARDS FOR IMPOSITION OF RESTITUTION. 
(a) IN GENERAL.—Subsection (d) of section 3579 of title 18, United 
States Clode, is amended to read as follows: 
"(d) To the extent that the court determines that the complication 
and prolongation of the sentencing process resulting from the fash-
ioning of an order of restitution under this section outweighs the 
need to provide restitution to any victims, the court may decline to 
make such an order.". 
18 use 3579 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
note. 
take effect on the 30th day after the date of the enactment of this 
Act. 
SEC. 78. ENFORCEMENT OF RESTITUTION ORDER 
(a) IN GENERAL.—Subsection (h) of section 3579 of title 18, United 
States Code, is amended by striking out "or" and inserting in lieu 
thereof "in the manner provided for the collection of fines and 
penalties by section 3565 or by". 
1
8 use 3579 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
^°^- 
take effect on the 30th day after the date of the enactment of this 
Act. 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3619 
18 use 3553 
note. 
98 Stat. 1987. 
SEC. 79. CLARIFYING AMENDMENT. 
(a) IN GENERAL.—Section 3579(aXl) of title 18, United States Code, 
is amended by striking out "the offense" and inserting in lieu 
thereof "such offense". 
(b) EFFECTIVE DATE.—The amendment made by this section shall is use 3579 
take effect on the date of the enactment of this Act. 
note. 
SEC. 80. PRESENTENCE PROCEDURE RELATING TO RESTITUTION. 
(a) IN GENERAL.—Section 3553(d) of title 18, United States Code, is 
amended— 
(1) by striking out "OR RESTITUTION" in the subsection head-
ing; and 
(2) by striking out "or an order of restitution pursuant to 
section 3556,". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the taking effect of section 212(aX2) of the 
Sentencing Reform Act of 1984. 
SEC. 81. NEED FOR RESTITUTION TO BE CONSIDERED AS FACTOR IN 
SENTENCING. 
(a) IN GENERAL.—Section 3553(a) of title 18, United States Code, is 
amended— 
(1) by striking out "and" at the end of paragraph (5); 
(2) by striking out the period at the end of paragraph (6) and 
inserting "; and" in lieu thereof; and 
(3) by adding at the end the following new paragraph: 
"(7) the need to provide restitution to any victims of the 
offense.". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the taking effect of section 212(aX2) of the 
Sentencing Reform Act of 1984. 
SEC. 82. AVAILABILITY OF SECTION 1402 AMOUNTS. 
Section 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C. 
10601(e)) is amended— 
(1) by inserting "(1)" after "(e)"; 
(2) by striking out "Any" and inserting "Except as provided in 
paragraph (2), any"; and 
(3) by adding at the end the following: 
"(2) For the purposes of the application of paragraph (1) to any 
grant under this chapter with respect to fiscal year 1985, there shall 
be substituted in such paragraph 'two succeeding fiscal vears' for 
'succeeding fiscal year' and 'which period' for 'which year'.'. 
SEC. 83. DEFINITION OF ISOMER 
Section 102(14) of the Controlled Substances Act (21 U.S.C. 802(14)) 
is amended in the second and third sentences by striking out "the 
optical" and inserting in lieu thereof "any optical". 
SEC. 84. AMENDMENT TO SCHEDULE. 
Paragraph (4) of subsection (a) of schedule II of the Controlled 
Substances Act (21 U.S.C. 812) is amended to read as follows: 
"(4) coca leaves, except coca leaves and extracts of coca leaves 
from which cocaine, ecgonine, and derivatives of ecgonine or 
their salts have been removed; cocaine, its salts, optical and 
geometric isomers, and salts of isomers; ecgonine, its deriva-
tives, their salts, isomers, and salts of isomers; or any 
18 u s e 3553 
note. 
Grants. 
Drugs and drug 
abuse. 
100 STAT. 3620 
PUBLIC LAW 99-646—NOV. 10, 1986 
Contracts. 
State and local 
governments. 
State and local 
governments. 
Government 
organization and 
employees. 
Sexual Abuse 
Act of 1986. 
18 u s e 2241 
note. 
compound, mixture, or preparation which contains any quantity 
of any of the substances referred to in this paragraph. . 
SEC. 85. ENFORCEMENT COOPERATION. 
Section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) is 
amended— 
(1) by striking out "and" at the end of paragraph (5); 
(2) by striking out the period at the end of paragraph (6) and 
inserting in lieu thereof ; and"; and 
(3) by adding at the end thereof the following: 
"(7) notwithstanding any other provision of law, enter into 
contractual agreements with State and local law enforcement 
agencies to provide for cooperative enforcement and regulatory 
activities under this Act.". 
SEC. 86. POWERS OF ENFORCEMENT PERSONNEL. 
Section 508 of the Controlled Substances Act (21 U.S.C. 878) is 
amended— 
(1) by inserting "(a)" before "Any officer or employee"; 
(2) by inserting after "Drug Enforcement Administration" the 
following: "or any State or local law enforcement officer"; and 
(3) by adding at the end thereof the following new subsection: 
"(b) State and local law enforcement officers performing functions 
under this section shall not be deemed Federal employees and shall 
not be subject to provisions of law relating to Federal employees, 
except that such officers shall be subject to section 3374(c) of title 5, 
United States Code.". 
SEC. 87. AMENDMENTS RELATING TO SEXUAL ABUSE. 
(a) SHORT TITLE.—This section may be cited as the "Sexual Abuse 
Act of 1986". 
(b) DEFINITION OF SEXUAL ABUSE OFFENSES.—Title 18, United 
States Code, is amended by inserting after chapter 109 the following 
new chapter: 
"CHAPTER 109A—SEXUAL ABUSE 
"Sec. 
"2241. Aggravated sexual abuse. 
"2242. Sexual abuse. 
^ .^ 
"2243. Sexual abuse of a minor or ward. 
"2244. Abusive sexual contact. 
"2245. Definitions for chapter. 
18 use 2241. 
"§ 2241. Aggravated sexual abuse 
"(a) BY FORCE OR THREAT.—Whoever, in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison, 
knowingly causes another person to engage in a sexual act— 
"(1) by using force against that other person; or 
"(2) by threatening or placing that other person in fear that 
any person will be subjected to death, serious bodily injury, or 
kidnaping; 
or attempts to do so, shall be fined under this title, imprisoned for 
anv term of years or life, or both. 
(b) BY O
h
T
H
E
R MEANS.—Whoever, in the sp»ecial maritime and 
territorial jurisdiction of the United States or in a Federal prison, 
knowingly— 
- 
i^ 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3621 
"(1) renders another person unconscious and thereby engages 
in a sexual act with that other person; or 
"(2) administers to another person by force or threat of force, 
or without the knowledge or permission of that person, a drug, 
intoxicant, or other similar substance and thereby— 
"(A) substantially impairs the ability of that other person 
to appraise or control conduct; and 
"(B) engages in a sexual act with that other person; 
or attempts to do so, shall be fined under this title, imprisoned for 
any term of years or life, or both. 
"(c) WITH CHILDREN.—Whoever, in the special maritime and terri-
torial jurisdiction of the United States or in a Federal prison, 
knowingly engages in a sexual act with another person who has not 
attained the age of 12 years, or attempts to do so, shall be fined 
under this title, imprisoned for any term of years or life, or both. 
"(d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under 
subsection (c) of this section, the Government need not prove that 
the defendant knew that the other person engaging in the sexual act 
had not attained the age of 12 years. 
"§ 2242. Sexual abuse 
"Whoever, in the special maritime and territorial jurisdiction of 
the United States or in a Federal prison, knowingly— 
"(1) causes another person to engage in a sexual act by 
threatening or placing that other person in fear (other than by 
threatening or placing that other person in fear that any person 
will be subjected to death, serious bodily injury, or kidnaping); 
or 
"(2) engages in a sexusd act with another person if that other 
person is— 
"(A) incapable of appraising the nature of the conduct; or 
"(B) physically incapable of declining participation in, or 
communicating unwillingness to engage in, that sexual act; 
or attempts to do so, shall be fined under this title, imprisoned not 
more than 20 years, or both. 
"§ 2243. Sexual abuse of a minor or ward 
"(a) OF A MINOR.—Whoever, in the special maritime and terri-
torial jurisdiction of the United States or in a Federal prison, 
knowingly engages in a sexual act with another person who— 
"(1) has attained the age of 12 years but has not attained the 
age of 16 years; and 
"(2) is at least four years younger than the person so 
engaging; 
or attempts to do so, shall be fined under this title, imprisoned not 
more than five years, or both. 
"(b) OF A WARD.—Whoever, in the special maritime and terri-
torial jurisdiction of the United States or in a Federal prison, 
knowingly engages in a sexual act with another person who is— 
"(1) in official detention; and 
"(2) under the custodial, supervisory, or disciplinary authority 
of the person so engaging; 
or attempts to do so, shall be fined under this title, imprisoned not 
more than one year, or both. 
"(c) DEFENSES.—(1) In a prosecution under subsection (a) of this 
section, it is a defense, which the defendant must establish by a 
Drugs and drug 
abuse. 
Alcohol and 
alcoholic 
beverages. 
18 use 2242. 
18 use 2243. 
100 STAT. 3622 
PUBLIC LAW 99-646—NOV. 10, 1986 
preponderance of the evidence, that the defendant reasonably be-
lieved that the other person had attained the age of 16 years. 
"(2) In a prosecution under this section, it is a defense, which the 
defendant must establish by a preponderance of the evidence, that 
the persons engaging in the sexual act were at that time married to 
each other. 
"(d) STATE OF MIND PROOF REQUIREMENT.—In a prosecution under 
subsection (a) of this section, the Government need not prove that 
the defendant knew— 
"(1) the age of the other person engaging in the sexual act; or 
"(2) that the requisite age difference existed between the 
persons so engaging. 
18 use 2244. 
"§ 2244. Abusive sexual contact 
"(a) SEXUAL C!ONDUCT IN CIRCUMSTANCES WHERE SEXUAL ACTS ARE 
PUNISHED BY THIS CHAPTER.—Whoever, in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison, 
knowingly engages in or causes sexual contact with or by another 
person, if so to do would violate— 
"(1) section 2241 of this title had the sexual contact been a 
sexual act, shall be fined under this title, imprisoned not more 
than five years, or both; 
"(2) section 2242 of this title had the sexual contact been a 
sexual act, shall be fined under this title, imprisoned not more 
than three years, or both; 
"(3) subsection (a) of section 2243 of this title had the sexual 
contact been a sexual act, shall be fined under this title, impris-
oned not more than one year, or both; or 
"(4) subsection (b) of section 2243 of this title had the sexual 
contact been a sexual act, shall be fined not more than $5,000, 
imprisoned not more than six months, or both. 
"Ot)) IN OTHER CIRCUMSTANCES.—Whoever, in the special maritime 
and territorial jurisdiction of the United States or in a Federal 
prison, knowingly engages in sexual contact with another person 
without that other person's permission shall be fined not more than 
$5,000, imprisoned not more than six months, or both. 
18 use 2245. 
"§ 2245. Definitions for chapter 
"As used in this chapter— 
"(1) the term prison' means a correctional, detention, or 
penal facility; 
"(2) the term 'sexual act' means— 
"(A) contact between the penis and the vulva or the penis 
and the anus, and for purposes of this subparagraph contact 
involving the penis occurs upon penetration, however 
slight; 
"(B) contact between the mouth and the penis, the mouth 
and the vulva, or the mouth and the anus; or 
"(C) the penetration, however slight, of the anal or geni-
tal opening of another by a hand or finger or by any object, 
with an intent to abuse, humiliate, harass, degrade, or 
arouse or gratify the sexual desire of any person; and 
"(3) the term sexual contact' means the intentional touching, 
either directly or through the clothing, of the genitalia, anus, 
groin, breast, inner thigh, or buttocks of any person with an 
intent to abuse, humiliate, harass, degrade, or arouse or gratify 
the sexual desire of any person; 
PUBLIC LAW 99-646—NOV. 10, 1986 
100 STAT. 3623 
"(4) the term 'serious bodily injury' means bodily injury that 
involves a substantial risk of death, unconsciousness, extreme 
physical pain, protracted and obvious disfigurement, or pro-
tracted loss or impairment of the function of a bodily member, 
organ, or mental faculty; 
"(5) the term 'official detention' means— 
"(A) detention by a Federal officer or employee, or under 
the direction of a Federal officer or employee, following 
arrest for an offense; following surrender in lieu of arrest 
for an offense; following a charge or conviction of an of-
fense, or an allegation or finding of juvenile delinquency; 
following commitment as a material witness; following civil 
commitment in lieu of criminal proceedings or pending 
; 
resumption of criminal proceedings that are being held in 
abeyance, or pending extradition, deportation, or exclusion; 
or 
"(B) custody by a Federal officer or employee, or under 
the direction of a Federal officer or employee, for purposes 
incident to any detention described in subparagraph (A) of 
this paragraph, including transportation, medical diagnosis 
or treatment, court appearance, work, and recreation; 
but does not include supervision or other control (other than 
custody during specified hours or days) after release on bail, 
probation, or parole, or after release following a finding of 
juvenile delinquency.". 
(c) OTHER TITLE 18 AMENDMENTS.—Title 18, United States Code, is 
amended— 
(1) by striking out chapter 99; 
18 use 2031, 
(2) in subsection (a) of section 113 by striking out "or rape"; 2032. 
(3) in subsection (b) of section 113 by striking out "rape" and 
inserting in lieu thereof "a felony under chapter 109A"; 
(4) in subsection (a) of section 1111 by striking out ", rape" 
and inserting in lieu thereof "aggravated sexual abuse or sexual 
abuse"; 
(5) in section 1153— 
(A) in the first paragraph, by striking out "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," and inserting in lieu thereof "a 
felony under chapter 109A,"; and 
Ante, p. 3620. 
(B) in each of the second and third paragraphs, by strik-
ing out", involuntary sodomy,"; 
(6) in paragraph (12) of section 3185 by striking out "Rape;" 
and inserting in lieu thereof "A felony under chapter 109A of 
this title;"; and 
(7) in the table of chapters at the beginning of part I— 
(A) by striking out the item relating to chapter 99; and 
(B) by inserting after the item relating to chapter 109 the 
following new item: 
"109A. Sexual Abuse 
2241". 
(d) NON-TITLE 18 PROVISIONS.—(1) The Public Health Service Act 
is amended— 
(A) in section 1904(aXlXG) (42 U.S.C. 300w-3(aXlXG)) by strik-
ing out "rape victims and for rape prevention" and inserting in 
lieu thereof "victims of sex offenses and for prevention of sex 
offenses"; and 
100 STAT. 3624 
PUBLIC LAW 99-646—NOV. 10, 1986 
(B) in section 1905(c)(6) (42 U.S.C. 300w-4(cX6)) by striking out 
"rape" and inserting "sex offense" in lieu thereof. 
94 Stat. 1602. 
(2) The heading of title VI of the Mental Health Systems Act is 
amended by striking out "RAPE" and inserting "SEX OFFENSE" 
in lieu thereof. 
(3) The heading for section 601 of the Mental Health Systems Act 
(42 U.S.C. 9511) is amended by striking out "RAPE" and inserting 
"SEX OFFENSE" in lieu thereof. 
(4) Section 601(a) of the Mental Health Systems Act (42 U.S.C. 
9511(a)) is amended by striking out "Rape" and inserting "Sex 
Offenses" in lieu thereof. 
(5) Section 601(aXl) of the Mental Health Systems Act (42 U.S.C. 
9511(aXl)) is amended— 
(A) in subparagraph (B), by striking out "the act of rape" and 
inserting "sex offenses" in lieu thereof; 
(B) in subparagraph (E), by striking out "rape" and inserting 
"a sex offense" in lieu thereof; and 
(C) by striking out "rape" each place it appears other than in 
subparagraphs (B) and (E) and inserting "sex offenses" in lieu 
(6) Section 601(aX3) of the Mental Health Systems Act (42 U.S.C. 
9511(aX3)) is amended by striking out "rape" each place it appears 
and inserting "sex offenses" in lieu thereof. 
(7) Section 601(e) of the Mental Health Systems Act (42 U.S.C. 
9511(e)) is amended by striking out "rape" the first place it appears 
and inserting "sex offense" in lieu thereof. 
(8) Section 902(kXl) of the Federal Aviation Act of 1958, as 
amended (49 U.S.C. App. 1472(kXl)), is amended by striking out 
"2031, 2032" and inserting in lieu thereof "chapter 109A". 
18 use 2241 
(e) EFFECTIVE DATE.—This section and the amendments made by 
iiote- 
this section shall take effect 30 days after the date of the enactment 
of this Act, 
Approved November 10, 1986. 
LEGISLATIVE HISTORY—S. 1236 (H.R. 2713) (H.R. 2998) (H.R. 5241): 
HOUSE REPORTS: No. 99-334 accompanying H.R. 2713, No. 99-527 accompanying 
H.R. 2998, and No. 99-797 accompanying H.R. 5241 (all from 
C!omm. on the Judiciary). 
SENATE REPORTS: No. 99-278 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Apr. 17, considered and passed Senate. 
Oct. 17, considered and passed House, amended. 
" 
Oct. 18, Senate concurred in House amendment.