Page:United States Statutes at Large Volume 98 Part 2.djvu/1004

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2164

PUBLIC LAW 98-473—OCT. 12, 1984 PART G—18 U.S.C. 951 AMENDMENTS



SEC. 1209. Section 951 of title 18, United States Code, is amended by(1) striking out "Secretary of State" and inserting in lieu thereof "Attorney General if required in subsection (b)"; (2) inserting "(a)" before "Whoever" and adding at the end of such subsection the following new subsections: "(b) The Attorney General shall promulgate rules and regulations establishing requirements for notification. "(c) The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General to do so shall not be a bar to prosecution under this section. "(d) For purposes of this section, the term 'agent of a foreign government' means an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include— "(1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State; "(2) any officially and publicly acknowledged and sponsored official or representative of a foreign government; "(3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or "(4) any person engaged in a legal commercial transaction.". PART H—JURISDICTION OVER CRIMES BY UNITED STATES NATIONALS IN PLACES OUTSIDE THE JURISDICTION OF ANY NATION

SEC. 1210. Section 7 of title 18, United States Code, is amended by adding a new paragraph, as follows: "(7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.". PART I—DEPARTMENT OF JUSTICE INTERNAL OPERATIONS GUIDELINES Report.

SEC. 1211. The Attorney General shall, not later than twelve months after the date of enactment of this Act, provide a detailed report to the Congress concerning— (1) the extent to which internal operating guidelines promulgated by the Attorney General for the direction of the investigative and prosecutorial activities of the Department of Justice have been relied upon by criminal defendants in courts of the United States as the basis for due process challenges to indictment and prosecution by law enforcement authorities of crimes prohibited by Federal statute; (2) the extent to which courts of the United States have sustained challenges based upon such guidelines in cases wherein it has been alleged that Federal investigative agents or prosecutorial personnel have failed to comply with the requirements of such internal operating guidelines, and the extent and