PUBLIC LAW OCT. 12, Joint Resolution. Making continuing appropriations for the íis year 1985, and for other purpse.

Transcription

1 PUBLIC LAW OCT. 12, STAT *Public Law th Congress Joint Resolution Making continuing appropriations for the íis year 1985, and for other purpse. Resolved by the Senate and House Representatives States America in Congrss assembled, TITLE I the United That the following sums are hereby appropriated, out any money in the Treasury not otherwse appropriated, and out applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units the Government for the fiscal year 1985, and for other purposes, namely: SEC (a) Such sums as may be necessary for programs, projects, or activities provided for in the Agriculture, Rural Development and Related Agencies Appropriation Act, 1985 (H.R. 5743), to the extent and in the manner provided for in the conference report and joint explanatory statement the Committee Conference (House Report Numbered ), fied in the House Representatives on September 25, 1984, as if such Act had been enacte into law.. (b) Such sums as may be necessary for programs, projects, or activities provided for in the District Columbia Appropriation Act, 1985 (H.R 5899), to the extent and in the manner provided for in the conference report and joint explanatory statement the Committee Conference (House Report Numbered ), fied in the House Representatives on September 26, 1984, as if such Act had been enacte into law. (c) Such amounts as may be necessary for programs, projects or activities provided for in the Department the Interior and Related Agencies Appropriations Act, 1985, at a rate operations and to the extent and in the manner provided as follows, to be effective as if it had been enacted into law as the regular appropriation Act: Oct. 12, 1984 (H.J. Re. 648) Agrculture, rural development appropriations. D.C. appropriations. Post, p 'Note: The printed text Public Law is a reprint the hand enrollment, signed by the President on October 12, 1984.

2 98 STAT PUBLIC LAW CT. 12, 1984 AN ACT Department Making appropriations for the Department the Interior and relate agencies for the Interior and the fis year ending September 30, 1985, and for other purpose. Relate Agencies Appropriations TITLE I-DEPARTMENT OF THE INTERIOR Act, BUREAU OF LAND MANAGEMENT MANAGEMENT OF LADS AND RESOURCES For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, clasification, and performance other functions, including maintenance facilties, as authorized by law, in the management lands and their resources under the jurisdiction the Bureau or' Land Management, including the general administration the Bureau Land Management, $393,849,000. CONSTRUCTION AND ACCESS For acquisition lands and interests therein, and construction buildings, rereation facilties, roads, trais, and appurtnant facil~ ties, $1,228,000, to remain available until expended.. PAYMENT IN LIEU OF TAX For expens necessry to implement the Act October 20, Stat. 323, 324. (31 U.S.C ), $105,000,000, which not to excee $400,000 shal be avaiable for administrative expenses. 43 USC 1715, 1716, USC 118If. LAD ACQUISITON For expense necessry to ca out the provisions setions 205, 206, and 318(d) Public Law including administrative ex~ ~nses and acquisition lands or waters, or interest therein, $2,750,000, to 00 derived from the Land and Water Conservation Fund, to remai avaiable unti expended. OREGON AND CALFORNI GRA LANDS For expens neces for management, protetion, and development resurces and for construction, operation, and maintenance access roads, reforestation, and other improvements on the reveste Oregon and California Raroad grant lands, on other Federal lands in the Oregon and California land-grant counties Oregon, and on adjacent rightsf-way; and acquisition lands or interests therein including existing connecting roads on or adjacent to such grant lands; $55,397,000, to remai available until expended: Prvided, That the amount appropriate herein for road construction shal be transferred to. the Federal Highway Administration, Deparment Transporttion: Prvidd further, That 25 per centum the aggregate an receipts during the current fiscal year from the reveste Oregon and California Raroad grant lands is hereby màde a charge against the Oregon and California land grant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions the second paragaph subsection (b) title II the Act August 28, 1937 (50 Stat. 876).

3 PUBLIC LAW CT. 12, STAT nation that the person should continue to be hospitalized. A copy the motion shall be sent to the director the facility in which the person is hospitalized and to the attorney for the Government. "(j AUTHORITY AND RESPONSIBILITY OF THE ATIORNEY GENERAL.- The Attorney General- "(A) may contract with a State, a political subdivision, a localiy, or a private agency for the confinement, hospitalization, care, or treatment, or the provision services to, a person committed to his custody pursuant to this chapter; "(B) may apply for the civil commitment, pursuant to State law, a person committed to his custody pursuant to section 4243 or 4246; H(C) shall, before placing a person in a facility pursuant to the provisions section 4241, 4243, 4244, 4245, or 4246, consider the suitability the facilty's rehabiltation programs in meeting the needs the person; and chapter. "(D) shall consult with the Secretary the Department. Health and Human Services in the general implementation the provisions this and in the establishment standards for facilities used in the implementation this "(j) This chapter doesnot apply to a prosecution under an Act Congress applicable exclusively to the District Columbia or the Uniform Code Military Justice.". (b) The item relating to chapter 313 in the chapter analysis part II title 18, United States Code, is amended to read as follows: "313. Offenders with mental diseas or defect.". SEC Rule 12.2 the Federal Rules Criminal Procedure is 18 USC app. amended- (a) by deleting "crime" in subdivision (a) and inserting in lieu there "fense"; (b) by deleting "other condition bearing upon the issue whether he had the mental state required for the fense charged" in subdivision (b) and inserting in lieu there "any other mental condition bearing upon the issue guilt"; (c) by deleting "to a psychiatric examination bya psychiatrist designated for this purpose in the- órder the court" in subdivision (c) and inserting in lieu there "to an examination pursuant to 18 U.S.C. 4242"; and (d) by deleting "menta state" in subdivision (d) and inserting in lieu there "guil". SEC Section 3006A title 18, Unite States Code, is amended- (a) in subsection (a), by deleting "or, (4)" and suhstituting "(4) whose mental condition is the subject a hearing pursuant. to chapter 313 this title, or (5)"; and (b) in subsection (g), by deleting "or section 4245 title 18". SEC Rule 704 the Federal Rules Evidence is amended to 28 USC app. read as follows: "Rule 704. Opinion on ultmate issue "(a) Except as provided in subdivision (b), testimony in the form an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier fact.

4 98 STAT PUBLIC LAW CT. 12, 1984 Controlled Substances Penalties Amendments Act USC 801 note. 21 USC 951. "(b) No expert witness testifying with respect to the mental state or condition a defendant in a criminal case may state an opinion. or inference as to whether the defendant did or did not have the mental state or condition constituting an element the crime charged or a defense thereto. Such ultimate issues are matters for the trier fact alone.". CHAPTER V-DRUG ENFORCEMENT AMENDMENTS PART A-CONTROLLED SUBSTANCES PENALTIES SEC This chapter may be cited as the "Controlled Substances Penalties Amendments Act 1984". SEC Subsection (b) section 401 the Controlled Substances Act (21 U.S.C. 841(b)) is amended- (1) in paragraph (1), by- (A) redesignating subparagraphs (A) and (B) as subparagraphs (8) and (C), respectively, and inserting after "(1)" a. new subparagraph to read as follows: "(A) In the case a violation subsection (a) this section involving- "(i) 100 grams or more a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount a narcotic drug other than a narcotic drug consisting - "(1 coca leaves; "(II a compound, manufacture, salt, derivative, or preparation coca leaves; or "(Il) a substance chemically identical thereto;. "(m a kilogram or more any other controlled substance in schedule H(iii 500 I or grams II which or more is a narcotic phencyclidine drug; (PCP); or H(iv) 5 grams or more lysergic acid diethylamide (LSD); such person shall be sentenced to a term imprisonment not more than 20 years, a fine not more than $250,000, or both. If any person commits such a violation after one or more prior convictions him for ap. fense punishable under this paragraph, or for a felony under any other provision this title or title III or other law a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term imprisonment not more than 40 years, a fine not more than $500,000, or both"; (8) in subparagraph (B), as redesignated above, by-. (i striking out "which is a narcotic drug" in the first sentence and inserting in lieu there "except as provided in subparagraphs (A) and (C)," (ii) striking out "$25,000" and "$50,000" and insert. ing in lieu there "$125,000" and "$250,000", respectively; and (iii) striking out " the United States" in the second sentence and inserting in lieu there " a State, the United States, or a foreign country"; and (C) in subparagraph (C), as redesignated above, by- (i) striking out "a controlled substance in schedule I or II which is not a narcotic drug" and ", (5), and (6)" and inserting in lieu there "less than 50 kilograms

5 PUBLIC LAW CT. 12, STAT (B) provide assurances that any assistance received under sections 402 to 409 shall not be used as a source for non-federal funds for the matching requirements any other provision Federal law; and (Cl provide for keeping records and making such reasonable Records. reports as the Secretary deems essential to carry out the pur- Reports. poses and provisions sections 402 to 409. (2) The Secretary shall approve any application that meets the requirements this subsection, and the Secretary shall not disapprove any such application except after reasonable notice the Secretary's intention to disapprove and opportunity for a hearing with respect to the disapproval. WITHHOLDING SEC Whenever the Secretary, after reasonable notice to any State and opportunity for hearing within the State, finds that there has been a failure to comply with any provision sections 402 to 409, the Secretary shall notify the State that further payments wil not be made under sections 402 to 409 until the Secretary is satisfied that there is no longer any such failure to comply. Unti the Secretary is so satisfied, no further payments shall be made under sections 402 to 409. AUDIT State and local governments. 42 USC 5116e. SEC The Comptroller General the United States, and any 42 USC 5116f. his duly authorized representatives, shall have access for the purpose audit and examination to any books, documents, papers, and records any applicant and any other entity receiving assistance under sections 402 to 409 that are pertinent to the sums received and disbursed under sections 402 to 409. REPORT SEC The Secretary shall prepare and submit to the Congress 42 USC 511Sg. at the end each year a compilation and analysis any reports submitted by eligible States under section 6(b)(l)(C). Approved October 12, LEGISLATIVE HISTORY-H J Res. 648 (S.J Res. 356): HOUSE REPORTS: No (Comm. on Appropriations) and No (Comm Conference). SENATE REPORT No accompanying S.J. Res. 356 (Cemm. on Appropriations) CONGRESSIONAL RECORD, Vol 130 (1984): Sept. 25, considered and passed House. Sept , Oct. 1-4, considered and passed Senate, amended. Oct. 10, House agreed to conference report, receded from its disagreement and concurred II a certain Senate amendment. Oct. 11, Senate agreed to conference report.