Page:United States Statutes at Large Volume 98 Part 2.djvu/1005

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2165

nature of such failures to comply as the courts of the United States have found to exist; (3) the remedial measures taken by the Attorney General to ensure the minimization of such violations of internal operating guidelines by the investigative or prosecutorial personnel of the Department of Justice; and (4) the advisability of the enactment of legislation that would prohibit criminal defendants in the courts of the United States from relying upon such violations as grounds for the dismissal of indictments, suppression of evidence, or the vacation of judgments of conviction. PART J—NOTICE ON SOCIAL SECURITY CHECKS

SEC. 1212. (a) The Secretary of the Treasury shall take such steps as may be necessary to provide that all checks issued for payment of benefits under title II of the Social Security Act, and the envelopes in which such checks are mailed, contain a printed notice that the commission of forgery in conjunction with the cashing or attempted cashing of such checks constitutes a violation of Federal law. Such notice shall also state the maximum penalties for forgery under the applicable provisions of title 18 of the United States Code. (b) Subsection (a) shall apply with respect to checks issued for months after the ninth month after the date of the enactment of this Act.

Crimes and misdemeanors. 42 USC 1302 note. 42 USC 401.

Effective date.

PART K—FOREIGN EVIDENCE

SEC. 1217. (a) Chapter 223 of title 18, United States Code, is amended by adding at the end the following new sections: "§ 3505. Foreign records of regularly conducted activity "(a)(1) In a criminal proceeding in a court of the United States, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that— "(A) such record was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters; "(B) such record was kept in the course of a regularly conducted business activity; "(C) the business activity made such a record as a regular practice; and "(D) if such record is not the original, such record is a duplicate of the original; unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. "(2) A foreign certification under this section shall authenticate such record or duplicate. "(b) At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.

18 USC 3505.

Waiver.