Public Law 99-650, 100 Stat. 3635
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 "District of Columbia Jury System Act".
SEC. 2. ESTABLISHMENT OF DISTRICT OF COLUMBIA JURY SYSTEM.
Chapter 19 of title 11 of the District of Columbia Code is amended to
read as follows:
Sec.
"11-1901. Declaration of policy.
"11-1902. Definitions.
"11-1903. Prohibition of discrimination.
"11-1904. Jury system plan.
"11-1905. Master juror list.
"11-1906. Qualification of jurors.
"11-1907. Summoning of prospective jurors.
"11-1908. Exclusion from jury service.
"11-1909. Deferral from jury service.
"11-1910. Challenging compliance with selection procedures.
"11-1911. Length of service.
"11-1912. Juror fees.
"11-1913. Protection of employment of jurors.
"11-1914. Preservation of records.
"11-1915. Fraud in the selection process.
"11-1916. Grand jury; additional grand jury.
"11-1917. Coordination and cooperation of courts.
"11-1918. Effect of invalidity.
"Section 11-1901. Declaration of policy.
"A jury selection system is hereby established for the Superior Court
of the District of Columbia. All litigants entitled to trial by jury
shall have the right to grand and petit juries selected at random from a
fair cross section of the residents of the District of Columbia. In
accordance with the provisions of this chapter, all qualified
individuals shall have the opportunity to be considered for service on
grand and petit juries in the District of Columbia and shall be
obligated to serve as jurors when summoned for that purpose.
"Section 11-1902. Definitions.
"For purposes of this chapter, the following terms have the following
meanings:
"(1) The term 'Board of Judges' means the chief judge and the
associate judges of the Superior Court of the District of
Columbia.
"(2) The term 'chief judge' means the chief judge of the
Superior Court of the District of Columbia.
"(3) The term 'clerk' means the clerk of the Superior Court of
the District of Columbia or any deputy clerk.
"(4) The term 'Court' means the Superior Court of the District
of Columbia and may include any judge of the Court acting in an
official capacity.
"(5) The term 'juror' means (A) any individual summoned to
Superior Court for the purpose of serving on a jury; (B) any
individual who is on call and available to report to Court to
serve on a jury upon request; and (C) any individual whose
service on a jury is temporarily deferred.
"(6) The term 'jury' includes a grand or petit jury
"(7) The term 'jury system plan' means the plan adopted by the
Board of Judges of the Court, consistent with the provisions of
this chapter, to govern the administration of the jury system.
"(8) The term 'master juror list' means the consolidated list
or lists compiled and maintained by the Board of Judges of the
District of Columbia Courts which contains the names of
prospective jurors for service in the Superior Court of the
District of Columbia.
"(9) The term 'random selection' means the selection of names
of prospective jurors in a manner immune from the purposeful or
inadvertent introduction of subjective bias, so that no
recognizable class of the individuals on the list or lists from
which the names are being selected can be purposefully or
inadvertently included or excluded.
"(10) The term 'resident of the District of Columbia' means an
individual who has resided or has been domiciled in the District
of Columbia for not less than six months.
"Section 11-1903. Prohibition of discrimination.
"A citizen of the District of Columbia may not be excluded or
disqualified from jury service as a grand petit juror in the District of
Columbia on account of race, color, religion, sex, national origin,
ancestry, economic status, marital status, age, or (except as provided
in this chapter) physical handicap.
"Section 11-904. Jury system plan.
"(a) The Board of Judges shall adopt, implement, and as necessary
modify, a written jury system plan for the random selection and service
of grand and petit jurors in the Superior Court consistent with the
provisions of this chapter. The adopted plan and any modifications
shall be subject to a 30-day period of review by Congress in the manner
provided for an act of the Council under section 602(c)(1) of the
District of Columbia Self-Government and Governmental Reorganization
Act. "87 Stat. 813" The plan shall include --
"(1) detailed procedures to be followed by the clerk of the
Court in the random selection of names from the master juror list;
"(2) provisions for a master jury wheel (or other device of
like purpose and function) which shall be emptied and refilled at
specified intervals, not to exceed 24 months;
"(3) provisions for the disclosure to the parties and the
public of the names of individuals selected for jury service,
except in cases in which the chief judge determines that
confidentiality is required in the interest of justice; and
"(4) procedures to be followed by the clerk of the Court in
assigning individuals to grand and petit juries.
"(b) The jury system plan shall be administered by the clerk of the
Court under the supervision of the Board of Judges.
"Section 11-1905. Master juror list.
"(a) The jury system plan shall provide for the compilation and
maintenance by the Board of Judges of a master juror list from which
names of prospective jurors shall be drawn. Such master juror list
shall consist of the list of District of Columbia voters, and names from
such other appropriate sources and lists as may be provided in the jury
system plan.
"(b) Notwithstanding any other provision of law, upon request of the
Board of Judges any person having custody, possession, or control of any
list required under subsection (a) shall provide such list to the Court,
at cost, at all reasonable times. Each list shall contain the names and
addresses of individuals on the list. Any list obtained by the Court
under the provisions of this chapter may be used by the Court only for
the selection of jurors pursuant to this chapter.
"Section 11-1906. Qualification of jurors.
"(a) The jury system plan shall provide for procedures for the random
selection and qualification of grand and petit jurors from the master
juror list. Such plan may provide for separate or joint qualification
and summoning processes.
"(b)(1) An individual shall be qualified to serve as a juror if that
individual --
"(A) is a resident of the District of Columbia;
"(B) is a citizen of the United States;
"(C) has attained the age of 18 years; and
"(D) is able to read, speak, and understand the English
language.
"(2) An individual shall not be qualified to serve as a juror --
"(A) if determined to be incapable by reason of physical or
mental infirmity of rendering satisfactory jury service; or
"(B) if that individual has been convicted of a felony or has a
pending felony or misdemeanor charge, except that an individual
disqualified for jury service by reason of a felony conviction may
qualify for jury service not less than one year after the
completion of the term of incarceration, probation, or parole
following appropriate certification under procedures set out in
the jury system plan.
"(3) Any determination regarding qualification for jury service shall
be made on the basis of information provided in the juror qualification
form and any other competent evidence.
"(c)(1) The jury system plan shall provide that a juror qualification
form be mailed to each prospective juror. The form and content of such
juror qualification form shall be determined under the plan.
Notarization of the juror qualification form shall not be required.
"(2) An individual who fails to return a completed juror
qualification form as instructed may be ordered by the Court to appear
before the clerk to fill out such form, to appear before the Court and
show cause why he or she should not be held in contempt for failure to
submit the qualification form, or both. An individual who fails to show
good cause for such failure, or who without good cause fails to appear
pursuant to a Court order, may be punished by a fine of not more than
$300, by imprisonment for not more than seven days, or both.
"(d) An individual who intentionally misrepresents a material fact on
a juror qualification form for the purpose of avoiding or securing
service as a juror may be punished by a fine of not more than $300, by
imprisonment for not more than 90 days, or both.
"Section 11-1907. Summoning of prospective jurors.
"(a) At such times as are determined under the jury system plan, the
Court shall summon or cause to be summoned from among qualified
individuals under section 11-1906 sufficient prospective jurors to
fulfill requirements for petit and grand jurors for the Court. A
summons shall require a prospective juror to report for possible jury
service at a specified time and place unless advised otherwise by the
Court. Service of prospective jurors may be made personally or by
first-class, registered, or certified mail as determined under the plan.
"(b) A prospective juror who fails to appear for jury duty may be
ordered by the Court to appear and show cause why he or she should not
be held in contempt for such failure to appear. A prospective juror who
fails to show good cause for such failure, or who without good cause
fails to appear pursuant to a Court order, may be punished by a fine of
not more than $300, by imprisonment for not more than seven days, or
both.
"Section 11-908. Exclusion from jury service.
"(a) Subject to the provisions of this section and of sections
11-1903, 11-1906, and 11-1909, no individual or class of individuals may
be disqualified, excluded, excused, or exempt from service as a juror.
"(b) An individual summoned for jury service may be: (1) excluded by
the Court on the ground that that individual may be unable to render
impartial jury service or that his or her service as a juror would be
likely to disrupt the proceedings; (2) excluded upon peremptory
challenge as provided by law; (3) excluded pursuant to the procedure
specified by law upon a challenge by any party for good cause shown; or
(4) excluded upon determination by the Court that his or her service as
a juror would be likely to threaten the secrecy of the proceedings, or
otherwise adversely affect the integrity of jury deliberations. No
person shall be excluded under clause (4) of this subsection unless the
dge, in open Court, determines that such exclusion is warranted and that
exclusion of that individual will not be inconsistent with sections
11-1901 and 11-1903 of this chapter.
"(c) An individual excluded from a jury shall be eligible to sit on
another jury if the basis for the initial exclusion would not be
relevant to his or her ability to serve on such other jury. The
procedures for challenges to and review of exclusions from jury service
shall be set forth in the jury system plan.
"Section 11-1909. Deferral from jury service.
"A qualified prospective juror may be deferred from jury service only
upon a showing of undue hardship, extreme inconvenience, public
necessity, or temporary physical or mental disability which would affect
service as a juror. The procedure for requesting a deferral from jury
service and the procedure and basis for granting a deferral shall be set
forth in the master jury plan.
"Section 11-1910. Challenging compliance with selection procedures.
"(a) A party may challenge the composition of a jury by a motion for
appropriate relief. A challenge shall be brought and decided before any
individual juror is examined, unless the Court orders otherwise. The
motion shall be in writing, supported by affidavit, and shall specify
the facts constituting the grounds for the challenge. If the Court so
determines, the motion may be decided on the basis of the affidavits
filed with the challenge. If the Court orders trial of the challenge,
witnesses may be examined on oath by the Court and may be so examined by
either party.
"(b) If the Court determines that in selecting a grand or petit jury
there has been a substantial failure to comply with this chapter, the
Court shall stay the proceedings pending the selection of a jury in
conformity with this chapter, quash the indictment, or grant other
appropriate relief.
"(c) The procedures prescribed by this section are the exclusive
means by which a person accused of a crime, the District of Columbia,
the United States, or a party in a civil case may challenge a jury on
the ground that the jury was not selected in conformity with this
chapter. Nothing in this section shall preclude any person from
pursuing any other remedy, civil or criminal, which may be available for
the vindication or enforcement of any law prohibiting discrimination on
account of race, color, religion, sex, national origin, economic status,
marital status, age, or physical handicap in the selection of
individuals for service on grand or petit juries.
"Section 11-1911. Length of service.
"The length of service for grand and petit jurors shall be determined
by the master jury plan. In any twenty-four month period an individual
shall not be required to serve more than once as a grand or petit juror
except as may be necessary by reason of the insufficiency of the master
juror list or as ordered by the Court.
"Section 11-1912. Juor fees.
"(a) Notwithstanding section 602(a) of the District of Columbia
Self-Government and Governmental Reorganization Act, "87 Stat. 813"
grand and petit jurors serving in the Superior Court shall receive fees
and expenses at rates established by the Council of the District of
Columbia, except that such fees and expenses may not exceed the
respective rates paid to such jurors in the federal system.
"(b) A petit or grand juror receiving benefits under the laws of
employment security of the District of Columbia shall not lose such
benefits on account of performance of juror service.
"(c) Employees of the United States or of any State or local
government who serve as grand or petit jurors and who continue to
receive regular compensation during the period of jury service shall not
be compensated for jury service. Amounts representing reimbursement of
expenses incurred in connection with jury service may be paid to such
employees to the extent provided in the jury system plan.
"Section 11-1913. Protection of employment of jurors.
"(a) An employer shall not deprive an employee of employment,
threaten, or otherwise coerce an employee with respect to employment
because the employee receives a summons, responds to a summons, serves
as a juror, or attends Court for prospective jury service.
"(b) An employer who violates subsection (a) is guilty of criminal
contempt. Upon a finding of criminal contempt an employer may be fined
not more than $300, imprisoned for not more than 30 days, or both, for a
first offense, and may be fined not more than $5,000, imprisoned for not
more than 180 days, or both, for any subsequent offense.
"(c) If an employer discharges an employee in violation of subsection
(a), the employee within 9 months or such discharge may bring a civil
action for recovery of wages lost as a result of the violation, for an
order of reinstatement of employment, and for damages. If an employee
prevails in an action under this subsection, that employee shall be
entitled to reasonable attorney fees fixed by the court.
"Section 11-1914. Preservation of records.
"(a) All records and lists compiled and maintained in connection with
the selection and service of jurors shall be preserved for the length of
time specified in the jury system plan.
"(b) The contents of any records or lists used in connection with the
selection process shall not be disclosed, except in connection with the
preparation or presentation of a motion under Section 11-1910, or until
all individuals selected to serve as grand or petit jurors from such
lists have been discharged.
"Section 11-1915. Fraud in the selection process.
"An individual who commits fraud in the processing or selection of
jurors or prospective jurors, either by causing any name to be inserted
into any list maliciously or by causing any name to be deleted from any
list maliciously (including malicious data entry or the altering of any
data processing machine or any set of instructions or programs which
control data processing equipment for such malicious purpose), is guilty
of the crime of jury tampering, and, upon conviction, may be punished by
a fine of not more than $10,000, imprisonment for not more than two
years, or both. This section shall not limit any other provisions of
law concerning the crime of jury tampering.
"Section 11-1916. Grand jury; additional grand jury.
"(a) A grand jury serving in the District of Columbia may take
cognizance of all matters brought before it regardless of whether an
indictment is returnable in the Federal or District of Columbia courts.
"(b) If the United States Attorney for the District of Columbia
certifies in writing to the chief judge that an additional grand jury is
required, the judge may in his or her discretion order an additional
grand jury summoned which shall be drawn at such time as he or she
designates. Unless discharged by order of the judge, the additional
grand jury shall serve until the end of the term for which it is drawn.
"Section 11-1917. Coordination and cooperation of courts.
"To the extent feasible, the Superior Court and the United States
District Court shall consider the respective needs of each court in the
qualification, selection, and service of jurors. Nothing in this
chapter shall be construed to prevent such courts from entering into any
agreement for sharing resources and facilities (including automated data
processing hardware and software, forms, postage, and other resources).
"Section 11-1918. Effect of invalidity.
"If any provision of this Act or the application of that provision is
held invalid, such invalidity shall not affect any other provision or
application of this Act which can be given effect without the invalid
provision or application.".
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. "28 USC 1869"
Section 1869(f) of title 28, United States Code, is amended by
striking out "except that for purposes of sections 1861, 1862, 1866(c),
1866(d), and 1867 of this chapter such terms shall include the Superior
Court of the District of Columbia".
SEC. 4. EFFECTIVE DATE.
(a) Except as provided in subsection (b), the provisions of this Act
shall take effect 180 days after the date of enactment of this Act. "28
USC 1869 note"
(b) Upon enactment of this Act, the Board of Judges shall have
authority to promulgate and adopt a jury system plan in accordance with
this Act and the Court and the clerk of the Court shall have authority
to take all necessary actions preliminary to the assumption of the
administration of an independent jury system under this Act.
Approved November 14, 1986.
LEGISLATIVE HISTORY -- H.R. 2946:
HOUSE REPORTS: No. 99-324 (Comm. on the District of Columbia).
SENATE REPORTS: No. 99-473 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 28, considered and
passed House. Vol. 132 (1986): Oct. 18, considered and passed Senate,
amended; House concurred in Senate amendments.
Public Law 99-649, 100 Stat. 3633
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Injury Prevention Act of 1986". "42 USC 201 note"
SEC. 2. "42 USC 280b note" (a) The Congress finds and declares that:
(1) Injury is one of the principal public health problems in
America, and causes over 140,000 deaths per year.
(2) Injury rates are particularly high for children and the
elderly.
(3) Injury causes 50 percent of all deaths for children over
the age of one year and two-thirds of all deaths for children over
the age of 15 years, and is the leading cause of death for
individuals under the age of 44 years. Individuals over the age
of 65 years have the highest fatality rates for many injuries.
(4) Injury control has not been given high priority in the
United States, and the research being conducted on injury control
and the number of personnel involved in injury control activities
are not adequate.
(b) The purposes of this Act are --
(1) to promote research into the causes, diagnosis, treatment,
prevention, and control of injuries and rehabilitation from
injuries;
(2) to promote cooperation between specialists in fields
involved in injury research; and
(3) to promote coordination between Federal, State, and local
governments and public and private entities in order to achieve a
reduction in deaths from inuuries.
SEC. 3. Title III of the Public Health Service Act "42 USC 241" is
amended by adding at the end thereof the following new part:
"SEC. 391. "42 USC 280b" (a) The Secretary, through the Director of
the Centers for Disease Control, shall --
"(1) conduct, and give assistance to public and nonprofit
private entities, scientific institutions, and individuals engaged
in the conduct of, research relating to the causes, mechanisms,
prevention, diagnosis, treatment of injuries, and rehabilitation
from injuries; and
"(2) make grants to public and nonprofit private entities
(including academic institutions, hospitals, and laboratories) and
individuals for the conduct of such research.
"(b) The Secretary, through the Director of the Centers for Disease
Control, shall collect and disseminate, through publications and other
appropriate means, information concerning the practical applications of
research conducted or assisted under subsection (a).
"SEC. 392. "42 USC 280b-1" (a) The Secretary, through the Director
of the Centers for Disease Control, shall --
"(1) assist States and political subdivisions of States in
activities for the prevention of injuries; and
"(2) encourage regional activities between States designed to
reduce injury rates.
"(b) The Secretary, through the Director of the Centers for Disease
Control, may --
"(1) enter into agreements between the Service and public and
private community health agencies which provide for cooperative
planning of activities to deal with problems relating to injuries
and injury control; and
"(2) work in cooperation with Federal, State, and local
agencies to promote injury control.
"SEC. 393. "42 USC 280b-2" By January 1, 1989, the Secretary,
through the Director of the Centers for Disease Control, shall prepare
and transmit to the Congress a report analyzing the incidence and causes
of childhood injuries in the United States and containing
recommendations for such legislation with respect to injury control as
the Secretary considers appropriate.
"SEC. 394. "42 USC 280b-3" (a) To carry out sections 391 and 392,
there are authorized to be appropriated $10,000,000 for each of the
fiscal years 1988, 1989, and 1990. Of the amounts appropriated under
this section for any fiscal year, not more than 20 percent may be used
for Federal administrative expenses to carry out such section for such
fiscal year.".
Approved November 10, 1986.
LEGISLATIVE HISTORY -- S. 2648:
SENATE REPORTS: No. 99-434 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 3, considered and passed
Senate. Oct. 16, considered and passed House.
Public Law 99-648, 100 Stat. 3632
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding
section 3(a) of the Public Utility Holding Company Act of 1935 (15 U.S.
C. 79c(a)), a holding company which has only one subsidiary company that
is solely a gas utility company, as defined in said Act, shall be exempt
from all provisions, except section 9(a)(2), of said Act "15 USC 79i" if
neither the holding company nor any other subsidiary company is a public
utility company, the operations of such subsidiary gas utility company
do not exceed beyond the State in which it is organized, the subsidiary
company was incorporated on June 16, 1986, for the express purpose of
operating as a gas utility company, and all of whose voting securities
are owned by the holding company, and neither the holding company, nor
any of its subsidiary companies are engaged in residential or commercial
plumbing, heating, refrigeration, air-conditioning, or in the sale,
installation or servicing of such or related equipment.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- S. 2000:
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and
passed Senate. Sept. 29, considered and passed House, amended. Oct.
16, Senate concurred in House amendment.
Public Law 99-647, 100 Stat. 3625
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. That for the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations the unique and significant contributions to our national
heritage of certain historic and cultural lands, waterways and
structures within the Blackstone River Valley in the States of
Massachusetts and Rhode Island there is hereby established the
Blackstone River Valley National Heritage Corridor (hereafter in this
Act "16 USC 46 note" referred to as the "Corridor"). It is the purpose
of this Act to provide a management framework to assist the States of
Massachusetts and Rhode Island and their units of local government in
the development and implementation of integrated cultural, historical
and land resource management of programs in order to retain, enhance and
interpret the significant values of the lands, waters and structures of
the Corridor.
SEC. 2. (a) BOUNDARIES. -- The boundaries shall include those lands
generally depicted on a map entitled Blackstone River Valley National
Heritage Corridor, numbered BRV-80-80,000 and dated October 1986. The
map shall be on file and available for public inspection in the office
of the Department of the Interior in Washington, DC and the
Massachusetts and Rhode Island Departments of Environmental Management.
The Secretary of the Interior (hereafter referred to as the "Secretary")
shall publish in the Federal Register, as soon as practical after the
date of enactment of this Act a detailed description and map of the
boundaries established under this subsection.
(b) ADMINISTRATION. -- The Corridor shall be administered in
accordance with the provisions of this Act.
SEC. 3. (a) ESTABLISHMENT. -- There is hereby established a
commission to be known as the Blackstone River Valley National Heritage
Corridor Commission (hereafter known as the "Commission") whose purpose
shall be to assist Federal, State and local authorities in the
development and implementation of an integrated resource management plan
for those lands and waters as specified in section 2.
(b) MEMBERSHIP. -- The Commission shall be composed of nineteen
members appointed by the Secretary as follows:
(1) the Director of the National Park Service, ex officio, or a
delegate;
(2) six individuals nominated by the Governors of Rhode Island
and Massachusetts and appointed by the Secretary, who shall be the
Department of Environmental Management Directors from Rhode Island
and Massachusetts, the State Historic Preservation Officers from
Massachusetts and Rhode Island, and the Department of Economic
Development Directors from Massachusetts and Rhode Island;
(3) four representatives of local government from Massachusetts
and four from Rhode Island nominated by the Governor of their
State and appointed by the Secretary, to represent the interests
of local government; and
(4) two individuals, nominated by the Governor of Massachusetts
and two individuals nominated by the Governor of Rhode Island
appointed by the Secretary, to represent other interests each
Governor deems appropriate.
A vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(c) TERMS. -- Members of the Commission shall be appointed for terms
of three years.
(d) COMPENSATION. -- Members of the Commission shall receive no pay
on account of their service on the Commission, but while away from their
homes or regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States Code.
(e) CHAIRPERSON. -- The chairperson of the Commission shall be
elected by the members of the Commission.
(f) QUORUM. -- (1) Ten members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(2) Any member of the Commission may vote by means of a signed proxy
exercised by another member of the Commission, but any member so voting
shall not be considered present for purposes of establishing a quorum.
(3) The affirmative vote of not less than ten members of the
Commission shall be required to approve the budget of the Commission.
(g) MEETINGS. -- The Commission shall meet at least quarterly at the
call of the chairperson or ten of its members. Meetings of the
Commission shall be subject to section 552b of title 5, United States
Code (relating to open meetings).
SEC. 4. (a) STAFF. -- (1) The Commission shall have the power to
appoint and fix the compensation of such staff as may be necessary to
carry out its duties.
(2) Staff appointed by the Commission --
(A) shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service; and
(B) shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates. "5 USC 5101 et
seq. 5331"
(b) EXPERTS AND CONSULTANTS. -- Subject to such rules as may be
adopted by the Commission, the Commission may procure temporary and
intermittent services to the same extent as is authorized by section
3109(b) of title 5, United States Code, but at rates determined by the
Commission to be reasonable.
(c) STAFF OF OTHER AGENCIES. -- (1) Upon request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Commission to assist the
Commission in carrying out the Commission's duties.
(2) The Commission may accept the services of personnel detailed from
the States of Massachusetts and Rhode Island (and any political
subdivision thereof) and may reimburse that State or political
subdivision for those services.
SEC. 5. (a) HEARINGS. -- (1) The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate.
(2) The Commission may not issue subpoenas or exercise any subpoena
authority.
(b) POWERS OF MEMBERS AND AGENTS. -- Any member or agent of the
Commission, if so authorized by the Commission, may take any action
which the Commission is authorized to take by this Act.
(c) ADMINISTRATIVE SUPPORT SERVICES. -- The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
(d) MAILS. -- The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) USE OF FUNDS TO OBTAIN MONEY. -- The Commission may use its
funds to obtain money from any source under any program or law requiring
the recipient of such money to make a contribution in order to receive
such money.
(f) GIFTS. -- (1) Except as provided in subsection (g)(2)(B), the
Commission may, for purposes of carrying out its duties, seek, accept,
and dispose of gifts, bequests, or donations of money, personal
property, or services, received from any source.
(2) For purposes of section 170(c) of the Internal Revenue Code of
1954, "26 USC 170" any gift to the Commission shall be deemed to be a
gift to the United States.
(g) ACQUISITION OF REAL PROPERTY. -- (1) Except as provided in
paragraph (2) and except with respect to any leasing of facilities under
subsection (c), the Commission may not acquire any real property or
interest in real property.
(2) Subject to paragraph (3), the Commission may acquire real
property, or interests in real property, in the Corridor --
(A) by gift or devise; or
(B) by purchase from a willing seller with money which was
given or bequeathed to the Commission on the condition that such
money would be used to purchase real property, or interests in
real property, in the Corridor.
(3) Any real property or interest in real property acquired by the
Commission under paragraph (2) shall be conveyed by the Commission to an
appropriate public or private land managing agency, as determined by the
Commission. Any such conveyance shall be made --
(A) as soon as practicable after such acquisition;
(B) without consideration; and
(C) on the condition that the real property or interest in real
property so conveyed is used for public purposes.
(h) COOPERATIVE AGREEMENTS. -- For purposes of carrying out the
plan, the Commission may enter into cooperative agreements with the
State of Massachusetts and the State of Rhode Island, with any political
subdivision of each State, or with any person. Any such cooperative
agreement shall, at a minimum, establish procedures for providing notice
to the Commission of any action proposed by the State of Massachusetts
and the State of Rhode Island, such political subdivision, or such
person which may affect the implementation of the plan.
(i) ADVISORY GROUPS. -- The Commission may establish such advisory
groups as the Commission deems necessary to ensure open communication
with, and assistance from, the State of Massachusetts and the State of
Rhode Island, political subdivisions of the State of Massachusetts and
the State of Rhode Island, and interested persons.
SEC. 6. (a) PREPARATION OF PLAN. -- Within one year after the
Commission conducts its first meeting, it shall submit a Cultural
Heritage and Land Management Plan to the Secretary and the Governors of
Massachusetts and Rhode Island for review and approval for ninety days.
The plan shall be based on existing State plans, but shall coordinate
those plans and present a unified historic preservation and
interpretation plan for the Corridor. The plan shall --
(1) provide an inventory which includes any property in the
Corridor which should be preserved, restored, managed, developed,
maintained, or acquired because of its national historic or
cultural significance;
(2) establish standards and criteria applicable to the
construction, preservation, restoration, alteration, and use of
all properties within the Corridor;
(3) develop an historic interpretation plan to interpret the
history of the valley;
(4) contain policies for land use management which consider and
detail the application of appropriate land and water management
techniques, including but not limited to local zoning, use of
easements and development of intergovernmental cooperative
agreements, so as to protect the Corridor's historical, cultural,
scenic and natural resources and enhance water quality of the
Blackstone River in a manner consistent with supporting economic
revitalization efforts;
(5) contain a coordination and consistency component which
details the ways in which local, State and Federal programs may
best be coordinated to promote the purposes of this Act; and
(6) contain a program for State and local government
implementation of the plan.
(b) APPROVAL OF THE PLAN. -- (1) No plan submitted to the Secretary
under this section shall be approved unless the Secretary finds that the
plan, if implemented, would adequately protect the significant
historical and cultural resources of the Corridor and consistent with
such protection provide adequate and appropriate outdoor recreational
opportunities and economic activities within the Corridor.
(2) In determining whether or not to approve the Plan, the Secretary
shall consider whether:
(A) the Commission has afforded adequate opportunity, including
public hearings, for public and governmental involvement in the
preparation of the plan;
(B) he has received adequate assurances from appropriate State
officials that the recommended implementation program identified
in the plan will be initiated within a reasonable time after the
date of approval of the plan and such program will ensure
effective implementation of the State and local aspects of the
plan.
(3) If the Secretary disapproves the plan, he shall advise the
Commission in writing of the reasons therefore and shall indicate any
recommendations for revisions. Following completion of any necessary
revisions to the plan, the Secretary shall have forty-five days to
either approve or disapprove the plan.
(c) IMPLEMENTATION OF THE PLAN. -- (1) After review and approval of
the plan by the Secretary and the Governors of Massachusetts and Rhode
Island as provided in subsections (a) and (b) the Commission shall give
priority to actions which assist in --
(A) preserving and interpreting the historic resources of the
valley;
(B) completing State and local parks in the Corridor; and
(C) supporting public and private efforts in economic
revitalization consistent with the goals of the Cultural Heritage
Plan.
(2) Priority actions to be carried out under paragraph (1) shall
include --
(A) assisting the States in appropriate preservation treatment
of the Blackstone Canal;
(B) assisting the States in designing, establishing, and
maintaining visitor centers and other interpretive exhibits in the
Corridor;
(C) encouraging private landowners adjacent to the canal or
river to retain or reestablish, where possible, vegetative, or
other buffers as specified in the State park plans;
(D) assisting in the enhancement of public awareness of an
appreciation for the historical and architectural and geological
resources and sites in the Corridor;
(E) assisting the State or any local government or any
nonprofit organization in the restoration of any historic building
in the Corridor;
(F) encouraging, by appropriate means, enhanced economic and
industrial development in the Corridor consistent with the goals
of the plan;
(G) encouraging local governments to adopt land use policies
consistent with the goals of the State park and the plan and to
take actions to implement those policies; and
(H) ensuring that clear, consistent signs identifying access
points and sites of interest is put in place.
SEC. 7. (a) TERMINATION. -- Except as provided in subsection (b),
the Commission shall terminate on the day occurring five years after the
date of the enactment of this Act.
(b) EXTENSION. -- The Commission may be extended for a period of not
more than five years beginning on the day referred to in subsection (a)
if, not later than one hundred and eighty days before such day --
(1) the Commission determines such extension is necessary in
order to carry out the purpose of this Act;
(2) the Commission submits such proposed extension to the
Committee on Interior and Insular Affairs of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate; and
(3) the Governor of Massachusetts, the Governor of Rhode
Island, and the Secretary each approve such extension.
SEC. 8. (a) PURPOSE. -- To carry out the purpose of this Act, the
Secretary shall assist the Commission in preparing the Cultural Heritage
and Land Management Plan. Following approval of the plan as provided
under section 6(a) and (b) the Secretary shall assist the Commission to
design and fabricate interpretive materials based on the plan including
--
(A) guide brochures for exploring the heritage story of the
valley by automobile, train, bicycle, boat, or foot;
(B) visitor displays (including video presentations) at several
locations well distributed along the Corridor, including both
indoor and outdoor displays; and
(C) a mobile display depicting the heritage story to be used in
the park, public buildings, libraries, and schools.
(b) TECHNICAL ASSISTANCE. -- The Secretary shall, upon request of
the Commission, provide technical assistance to the Commission in the
preparation of the plan and for implementing the plan as set out in
section 6(c).
SEC. 9. Any Federal entity conducting or supporting activities
directly affecting the Corridor shall --
(1) consult with the Secretary and the Commission with respect
to such activities;
(2) cooperate with the Secretary and the Commission in carrying
out their duties under this Act and, to the maximum extent
practicable, coordinate such activities with the carrying out of
such duties; and
(3) to the maximum extent practicable, conduct or support such
activities in a manner which the Commission determines will not
have an adverse effect on the Corridor.
SEC. 10. There is authorized to be appropriated annually to the
Commission $250,000 for the next five fiscal years to carry out the
purposes of this Act; except that the Federal contribution to the
Commission shall not exceed 50 percent of the annual operating costs of
the Commission.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- S. 1374:
SENATE REPORTS: No. 99-488 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 8, considered and passed
Senate. Oct. 15, considered and passed House, amended. Oct. 17, Senate
concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22, (1986): Nov.
10, Presidential statement.
Public Law 99-646, 100 Stat. 3592
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". "18 USC 1 note"
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 "18 USC
3673 note" 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)(1)(B)(ii) of the Sentencing Reform Act of
1983" and inserting in lieu thereof "section 235(a)(1)(B)(ii) of the
Sentencing Reform Act of 1984". "18 USC 3551 note"
SEC. 5. REPEAL OF OBSOLETE PROVISION.
Section 993(b)(2) 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
(3) in subsection (t) --
(A) by inserting "in what circumstances and" after "specify";
and
(B) by striking out "that are outside the applicable guideline
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
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
take effect on the date of the taking effect of section 3552 "18 USC
3552 note" of title 18, 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
take effect on the date of the taking effect of section 3553 "18 USC
3553 note" of title 18, 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 appropriate sentence,
having due regard for the relationship of the sentence 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 forth in subsection
(a)(2).".
(b) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on the date of the taking effect of section 3553 "18 USC
3553 note" of title 18, 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
1984, is amended by striking out the second sentence.
(b) EFFECTIVE DATE. -- The amendment made by this section shall take
effect on the date of the taking effect of such section 3561(a) "18 USC
3561 note."
SEC. 11. ELIMINATION OF SECTION CROSS REFERENCE RELATING TO
AUTHORIZED IMPRISONMENT AS A CONDITION OF PROBATION.
(a) IN GENERAL. -- Section 3563(b)(11) 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 "in section 3581(b)".
(b) EFFECTIVE DATE. -- The amendment made by this section shall "18
USC 3563 note" take effect on the date of the taking effect of such
section 3563(b)(11).
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
Criminal "18 USC app" Procedure relating to revocation or
modification of probation" after "pursuant to".
(b) RULES AMENDMENT. -- Rule 32.1(b) of the Federal Rules of "18 USC
app" 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 opportunity
to object, has not objected. An extension of the term of
probation is not favorable to the probationer for the purposes of
this rule.".
(c) EFFECTIVE DATES. -- (1) The amendments made by subsection (a)
shall take effect on the date of the taking effect of such section
3563(c). "18 USC 3563 note"
(2) The amendments made by subsection (b) shall take effect 30 days
after the date of enactment of this Act. "18 USC app"
SEC. 13. CONCURRENCE OF SENTENCE OF PROBATION.
(a) IN GENERAL. -- Section 3564(b) 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 the second sentence and inserting in
lieu thereof the following: "A term of probation runs concurrently with
any Federal, State, or local term of probation, supervised 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 connection with a conviction for a
Federal, State, or local crime unless the imprisonment is for a period
of less than thirty consecutive days.".
(b) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on the date of the taking effect of such section 3564. "18
USC 3564 note"
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 "Modification of term or conditions." and
inserting "Modification of conditions or revocation." in lieu
thereof; and
(2) in paragraph (1), by striking out "previously ordered".
(b) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on the date of the taking effect of section 3583 "18 USC
3583 note" of title 18, United States Code.
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;
(2) in paragraph (6) as so redesignated --
(A) by striking out "supervise" and inserting "assist in the
supervision of" 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 "18 USC
3603 note" of title 18, United States Code.
SEC. 16. CREDIT TOWARD SERVICE OF TERM OF IMPRISONMENT.
(a) IN GENERAL. -- Subsection (b) of section 3624 of title 18,
United States Code, as added by section 212(a) of the Comprehensive
Crime Control Act of 1984, "98 Stat. 1987" 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. "18 USC
3624 note"
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;
(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. "18 USC
3624 note"
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 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 his dependence on
alcohol or addicting drugs, or by controlling his dependence and
his susceptibility to addiction. He may negotiate and award such
contracts without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
"He shall pay for presentence studies and reports by qualified
consultants and presentence examinations and reports by
psychiatric or psychological examiners ordered by the court under
subsection (b) or (c) of section 3552, "18 USC 3552" except for
studies conducted by the Bureau of Prisons.".
(b) EFFECTIVE DATE. -- The amendment made by this section shall "18
USC 3672 note" 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 dependence 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(a)(1) 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 "18 USC 3551 note"
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(a)(2) "18
USC 3556 note" of the Sentencing Reform Act of 1984. "98 Stat. 1987"
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)(1)(B), by striking out "by section 3581(
b)";
(3) in subsection (c)(2)(B), 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.".
(b) EFFECTIVE DATE. -- The amendments made by this section "18 USC
5037 note" shall take effect on the date the amendments made by such
section "98 Stat. 2013" 214 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 sentenced to
treatment under the Narcotic Addict Rehabilitation Act "42 USC 3401
note" of 1966".
(b) EFFECTIVE DATE. -- The amendment made by this section shall take
effect on the date the amendments made by section 232(a) "42 USC 257
note" of the Comprehensive Crime Control Act "42 USC 257" of 1984 take
effect.
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 "(l)";
(2) in subsection (j) by striking out "(m)" and inserting in
lieu thereof "(l)"; and
(3) by redesignating subsections (e), (f), (g), (h), (i), (j),
(k), (l), and (m), as subsections (d), (e), (f), (g), (h), (i),
(j), (k), and (l), respectively.
SEC. 24. OFFENDERS WITH MENTAL DISEASE OR DEFECT.
Subdivision (c) of Rule 12.2 of the Federal Rules of Criminal "18 USC
app" Procedure is amended by inserting "4241 or" "4242".
SEC. 25. CORRECTION OF WRONG WORD USE.
(a) IN GENERAL. -- Rule 32(c)(2)(B) of the Federal Rules of Criminal
"18 USC 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(
a)(5) of the Comprehensive Crime Control Act "18 USC app" of 1984.
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 against the person of
another"; and
(2) by inserting "life imprisonment or" before "death".
SEC. 27. FORFEITURE FUND.
(a) Section 524(c)(1)(E) 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))".
SEC. 28. INSERTION OF MISSING WORD.
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.
(a) IN GENERAL. -- Chapter 65 of title 18 "18 USC 1361 et seq" of
the United States Code 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
Registration Act of 1938, "22 USC 611" 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
(3) in the last paragraph by striking out "the Delegate from
the District of Columbia" and inserting in lieu thereof
"Delegate", and by striking out ", or a juror".
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
(2) transferring the section so redesignated so that such
section 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
entities."; and
(2) by adding at the end the following:
"513. Securities of the States and private entities.".
SEC. 32. ELIMINATION OF SUPERFLUOUS CROSS-REFERENCE.
Section 3731 of title 18, United States Code, is amended by striking
out the fifth paragraph.
SEC. 33. CORRECTION OF CLERICAL ERROR AND DESIGNATION OF
SUBSECTIONS.
(a) CORRECTION OF CLERICAL ERROR. -- The first paragraph of section
2232 of title 18, United States Code, is amended by inserting "not"
after "imprisoned".
(b) DESIGNATION OF SUBSECTIONS. -- Section 2232 of title 18, United
States Code, is amended --
(1) by designating the first paragraph as subsection (a); and
(2) by designating the second paragraph as subsection (b).
SEC. 34. RENUMBERING OF SECTION IN CHAPTER 1.
(a) IN GENERAL. -- Section 20 of title 18, United States Code, is
redesignated as section 17.
(b) 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(a)(1)(B) of the Comprehensive Crime Control Act of 1984
"18 USC 3551 note" is amended --
(1) in clause (i), by striking out "the chapter" and inserting
"such chapter 58" in lieu thereof; and
(2) in clause (ii) --
(A) by striking out ", and the provisions of sections 3581,
3583, and 3624 of title 18, United States Code,";
(B) by striking out "the day after";
(C) in subclause (III), by inserting "the day after" before
"the Congress"; and
(D) so that subclause (IV) reads as follows:
"(IV) section 212(a)(2) "98 Stat. 1987" takes effect, in the
case of the 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 115(b) of
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".
(b) INCLUSION OF CERTAIN ATTEMPTS IN 1201 CROSS REFERENCE. -- Section
1201(d) of title 18, United States Code, is amended by inserting "or
(a)(5)" 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:
"Section 18. Organization defined "18 USC 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.".
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;
(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;
(7) by inserting "(5)" before "For" the fifth place it appears;
(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 "(b)(1)" 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
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,
commissions, and expenses collected by such Service for --
"(A) the service of civil process, including complaints,
summonses, subpoenas, and similar process; and
"(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.".
(b) EFFECTIVE DATE. -- The amendments made by this section shall "28
USC 1921 note" take effect 30 days after the date of enactment of this
Act.
SEC. 40. CROSS REFERENCE ELIMINATION.
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. 41. REDESIGNATION OF DUPLICATE SECTIONS AND CHAPTER.
(a) SECTION REDESIGNATION. -- Sections 3671 and 3672 in chapter 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 special
forfeiture of collateral profits of crime is amended by striking out
"3671" and "3672" and inserting in lieu thereof "3681" and "3682",
respectively.
(c) CHPATER 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 Code, is amended by striking out the
item relating to chapter 232 which relates to special forfeiture of
collateral profits of crime and inserting in lieu thereof the following:
SEC. 42. REDESIGNATION OF SECTION.
(a) IN GENERAL. -- Chapter 113 of title 18, "18 USC 2311 et seq"
United States Code, is amended by redesignating the section 2320 "98
Stat. 2770" that was enacted by Public Law 98-547 as section 2321.
(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)" "18 USC 3521 et seq"
and inserting in lieu thereof "chapter 224 of this title".
SEC. 45. CROSS REFERENCE CORRECTION.
Section 3076 of title 18, United States Code, is amended by striking
out "title V of the Organized Crime Control Act of 1970" "18 USC note"
and inserting in lieu thereof "chapter 224 of this title".
SEC. 46. INCLUSION OF CERTAIN DELEGATES TO CONGRESS IN BRIBERY
PROHIBITION.
(a) SUBSECTION (a) AMENDMENTS. -- Section 201(a) of title 18, United
States Code, is amended --
(1) by striking out "section:" and inserting "section -- " in
lieu thereof;
(2) in the first undesignated paragraph --
(A) by inserting "(1) the term" before "'public official'";
(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
(D) by striking out "juror; and" and inserting "juror;" in
lieu thereof;
(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 person
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
"(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
subparagraphs (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 himself" 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
subparagraphs (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";
(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
personally";
(3) by striking out "in his testimony" and inserting "in
testimony" 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;
(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
"(f) Whoever, otherwise"
and inserting in lieu thereof the following:
"(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 anything
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 striking 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 -- " and inserting
"such person's absence therefrom;" in lieu thereof; and
(6) in the undesignated 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 201(j) 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,".
(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".
(l) REALIGNMENT 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 subparagraphs of each
subsection, are flush, indented 2 ems, and indented 4 ems, respectively.
(m) EFFECTIVE DATE. -- The amendments made by this section "18 USC
201 note" shall take effect 30 days after the date of enactment of this
Act.
SEC. 47. INCLUSION OF CERTAIN DELEGATES TO CONGRESS IN PROHIBITION
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 receive,
or asks, demands, solicits, or seeks, any" and inserting 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 inserting
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";
(D) by striking out "Delegate from the District of Columbia,
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:
"(B) at a time when such person"; and
(F) by striking out "commission, or" and inserting "commission;
or" in lieu thereof;
(2) in subsection (b) --
(A) by striking out
"(b) 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,"; and
(B) by striking out "employee -- " and inserting "employee;" 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) --
(A) by striking out "parties (1) in which he" and inserting in
lieu thereof the following:
"parties --
"(1) in which such employee";
(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 serving
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 "18 USC
203 note" shall take effect 30 days after the date of enactment of this
Act.
SEC. 48. CROSS REFERENCE AND INTERNAL SUBSECTION REDESIGNATION.
Section 1407 of the Victims of Crime Act of 1984 "42 USC 10604" is
amended --
(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),".
(b) 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) --
(A) by striking out "reversal or" and inserting in lieu
thereof, "reversal,"; and
(B) by inserting after "trial" the following: ", or a sentence
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 (b) of this section, the judicial
officer, in a case in which an appeal has been taken by the United
States under section 3742, shall --
"(1) if the person has been sentenced to a term of
imprisonment, order that person detained; and
"(2) in any other circumstance, release or detain the person
under section 3142.". "18 USC 3142"
(b) CONFORMING REPEAL. -- The amendment made by section 223(f)(2)
"18 USC 3143" of the Comprehensive Crime Control Act of 1984 shall not
take effect.
(c) EFFECTIVE DATE FOR SUBSECTION (a)(2). -- The amendment made by
subsection (a)(2) "18 USC 3143 note" shall 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 is amended to read as follows:
"Section 1791. Providing or possessing contraband in prison
"(a) OFFENSE. -- Whoever --
"(1) in violation of a statute or a rule or order issued under
a statute, provides to an inmate of a prison a prohibited object,
or 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 (c)(1)(A) of this section;
"(2) imprisonment for not more than 5 years, or both, if the
object is specified in subsection (c)(1)(B) or (c)(1)(C) of this
section; and
"(3) imprisonment for not more than one year, or both, if the
object is specified in subsection (c)(1)(D) or (c)(1)(E) of this
section; and
"(4) imprisonment for not more than 6 months, or both, if the
object is specified in subsection (c)(1)(F) 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 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 substance
referred to in subparagraph (C) of this subsection) or an
alcoholic beverage;
"(E) any United States or foreign currency; and
"(F) any other object that threatens the order, discipline, 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
"(4) the term 'prison' means a Federal correctional, detention,
or penal facility.".
(b) EFFECTIVE DATE. -- The amendment made by this section shall take
effect 30 days after the date of the enactment of this Act. "18 USC
1791 note"
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 "18 USC
1792 note" shall take effect 30 days after the enactment of this Act.
SEC. 54. AMENDMENTS TO THE FEDERAL RULES OF CRIMINAL PROCEDURE
RELATING TO CONDITIONAL RULING ON MOTION FOR "18 USC app" NEW TRIAL AND
SENTENCING.
(a) CONDITIONAL RULING. -- Rule 29 of the Federal Rules of Criminal
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, specifying the grounds for such determination. If
the motion for a new trial 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 conditionally, 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.".
(b) 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 AND ADDITION OF
PSYCHOLOGICAL TREATMENT TO LIST OF TREATMENTS WHICH MAY BE REQUIRED AS
CONDITION OF RELEASE UNDER THAT CHAPTER.
(a) CHAPTER AMENDMENT. -- Chapter 207 of title 18, "18 USC 3141 et
seq" United States Code, is amended by striking out "pursuant to the
provisions of" each place it appears and inserting "under" in lieu
thereof.
(b) 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 "of this title";
(4) by striking out "an arrested" and 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)";
(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 inserting
"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 subparagraphs
(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) by striking out "the person" and inserting "such person" in
lieu thereof;
(C) by inserting "of this subsection" after "paragraph (1)(
B)"; 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 (f)(1) of this section" in lieu thereof;
(C) by inserting "of this section" after "subsection (f)(1)"
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 (1)(D), by inserting "of this paragraph" after
"(C)" each place it appears;
(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 inserting
"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)(2)(L)";
(8) in subsection (h) --
(A) by inserting "of this section" after "(c)"; and
(B) in paragraph (2)(C), 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
provisions of" 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
conditions 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.
"(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 offense 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 offense 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
imprisonment for not more than two years, or both; or
"(iv) a misdemeanor, a fine under this chapter or imprisonment
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
(B) by striking out "he appeared" and inserting in lieu thereof
"the person appeared"; and
(3) in subsection (d) --
(A) by inserting "of this title" after "3142(b)";
(B) by striking out "section 3142(c)(2)(K) or (c)(2)(L)" 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 striking 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 "of this 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 officer" in
lieu thereof;
(B) by inserting "of this title" after "401"; and
(C) by striking out "his".
(i) SECTION 3156 AMENDMENTS. -- Section 3156(a) of title 18, United
States Code, is amended --
(1) by striking out "The term" each place it appears and
inserting "the term" in lieu 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. "18 USC
3141 note"
SEC. 56. CORRECTION OF PRINTING ERROR IN SENTENCING GUIDELINES ACT
OF 1986.
Section 994(b)(2) 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:
"(f)(1) The Attorney General 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 prisoners who have been convicted of a 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 following 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
prisoners;
"(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 outside 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:
"(e)(1) 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;
"(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.
"(2) Any law enforcement agency which receives information under this
subsection shall not disseminate such information outside of such
agency.".
(c) PAROLE REGIONS. -- Section 4203(a)(2) 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(a)(5) of title 18,
United States Code, is amended by striking out "three" and inserting in
lieu thereof "not fewer than three".
(b) PERSONAL CONFERENCE WITH REPRESENTATIVE OF COMMISSION. -- 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(d)(1) 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(b)(2) 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) ELIMINATION 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 4214(b)(1) of title 18, United
States Code, 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
States 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 as follows:
"Section 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, anything 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, transaction, or series of transactions of such
organization, government, 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.
"(b) The circumstance referred to in subsection (a) of this section
is that the organization, government, or agency 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, commission,
administration, authority, board, and bureau, and a corporation or
other legal entity established, and subject to control, by a
government or governments for the execution of a governmental 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 inserting
"section 1114 of this title, or threatens to assault, kidnap, or
murder, a United States official, a United States judge, a Federal
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 (a)(1), by inserting ", delay, or prevent"
after "influence";
(2) by inserting after the catchline the following:
"(a)(1) 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 PRESIDENTIAL
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 inserting
"or foreign" after "interstate" each place it appears.
SEC. 64. 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:
"Section 1793. "18 USC 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."
(b) 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.".
SEC. 65. ARREST AUTHORITY.
(a) IN GENERAL. -- The first sentence of section 3050 of title 18,
United States Code, is amended to read as 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 reservation
land of a penal, detention, or correctional facility without
warrant for violations occuring thereon of the following
provisions: 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 likelihood 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
amended to read as follows:
"(a)(1) The Director of the Bureau of Prisons when proper and
adequate facilities and personnel are availabe may contract with proper
officials of a State or territory, for the custody, care, subsistence,
education, treatment, and training of persons convicted of criminal
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 4082(b) of this
title, this exchange to be made according to formulas or
conditions which may be negotiated in the contract; or
"(C) for compensating the United States by means of a
combination of monetary payment and of receipt of persons
convicted 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.".
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:
"Section 4044. Donations on behalf of the Bureau of Prisons "18 USC
4044"
"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 Industries. 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.
"Section 4045. Authority to conduct autopsies "18 USC 4045"
"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 administration 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 autopsies shall be
observed. Such officer may also order an autopsy or post-mortem
operation, including removal of tissue for transplanting, 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.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 303 of title 18, United States Code, is amended 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:
"Section 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.
"(b) 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 of --
"(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 General under this section.
"(d) If an appointment expires under subsection (c)(2), 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 assignements, in excess of three
hundred and sixty-five days.".
SEC. 71. VICTIMS OF CRIME ACT.
Section 1404(c)(2) 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".
(b) SUBPARAGRAPH (A) AMENDMENTS. -- Subparagraph (A) of section
3142(f)(2) of title 18, United States Code, is amended by inserting "or"
after the semicolon.
(c) SUBSECTION (f) AMENDMENT. -- Subsection (f) of section 3142 of
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
appropriate; 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 remand
the case for further sentencing proceedings with such instructions
as the court considers appropriate;".
SEC. 74. WARRANTS RELATING TO SEIZURE.
Subsection (b) 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 authorizing the
seizure of property subject to forfeiture under this section in the same
manner as provided for a search warrant under the Federal Rules of
Criminal Procedure.". "18 USC app"
(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 Code, 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 fashioning
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.".
(b) EFFECTIVE DATE. -- The amendment made by this section "18 USC
3579 note" shall 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".
(b) EFFECTIVE DATE. -- The amendment made by this section "18 USC
3579 note" shall take effect on the 30th day after the date of the
enactment of this Act.
SEC. 79. CLARIFYING AMENDMENT.
(a) IN GENERAL. -- Section 3579(a)(1) 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 "18 USC
3579 note" shall take effect on the date of the enactment of this Act.
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 heading;
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(a)(2) "18
USC 3553 note" of the Sentencing Reform Act of 1984. "98 Stat. 1987"
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(a)(2) "18
USC 3553 note" 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 years' 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
derivatives, their salts, isomers, and salts of isomers; or any
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". "18 USC 2241 note"
(b) DEFINITION OF SEXUAL ABUSE OFFENSES. -- Title 18, United States
Code, is amended by inserting after chapter 109 the following new
chapter:
"Sec.
"2241. Aggravated sexual abuse.
"2242. Sexual abuse.
"2243. Sexual abuse of a minor or ward.
"2244. Abusive sexual contact.
"2245. Definitions for chapter.
"Section 2241. Aggravated sexual abuse "18 USC 2241"
"(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
any term of years or life, or both.
"(b) BY OTHER MEANS. -- Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly --
"(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
territorial 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.
"Section 2242. Sexual abuse "18 USC 2242"
"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 sexual 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.
"Section 2243. Sexual abuse of a minor or ward "18 USC 2243"
"(a) OF A MINOR. -- Whoever, in the special maritime and territorial
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 territorial
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
preponderance of the evidence, that the defendant reasonably believed
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.
"Section 2244. Abusive sexual contact "18 USC 2244"
"(a) SEXUAL CONDUCT 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,
imprisoned 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.
"(b) 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.
"Section 2245. Definitions for chapter "18 USC 2245"
"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 penish 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 genital
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;
"(4) the term 'serious bodily injury' means bodily injury that
involves a substantial risk to death, unconsciousness, extreme
physical pain, protracted and obvious disfigurement, or protracted
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 offense, 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;
(2) in subsection (a) of section 113 "18 USC 2031, 2032" by
striking out "or rape";
(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, involuntary
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
(B) in each of the second and third paragraphs, by striking 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(a)(1)(G) (42 U.S.C. 300w-3(a)(1)(G)) by
striking out "rape victims and for rape prevention" and inserting
in lieu thereof "victims of sex offenses and for prevention of sex
offenses"; and
(B) in section 1905(c)(6) (42 U.S.C. 300w-4(c)(6)) by striking
out "rape" and inserting "sex offense" in lieu thereof.
(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(a)(1) of the Mental Health Systems Act (42 U.S.C.
9511(a)(1)) 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
thereof.
(6) Section 601(a)(3) of the Mental Health Systems Act (42 U.S.C.
9511(a)(3)) 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(k)(1) of the Federal Aviation Act of 1958, as amended
(49 U.S.C. App. 1472(k)(1)), is amended by striking out "2031, 2032" and
inserting in lieu thereof "chapter 109A".
(e) EFFECTIVE DATE. -- This section and the amendments made by 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
Comm. 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.
PUBLIC LAW 99-645, 100 STAT. 3582
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This Act "16 USC 3901 note" may be cited as the "Emergency Wetlands
Resources Act of 1986".
SEC. 2. "16 USC 3901" FINDINGS AND STATEMENT OF PURPOSE.
(a) FINDINGS. -- The Congress finds that --
(1) wetlands play an integral role in maintaining the quality
of life through material contributions to our national economy,
food supply, water supply and quality, flood control, and fish,
wildlife, and plant resources, and thus to the health, safety,
recreation, and economic well-being of all our citizens of the
Nation;
(2) wetlands provide habitat essential for the breeding,
spawning, nesting, migration, wintering and ultimate survival of a
major portion of the migratory and resident fish and wildlife of
the Nation; including migratory birds, endangered species,
commercially and recreationally important finfish, shellfish and
other aquatic organisms, and contain many unique species and
communities of wild plants;
(3) the migratory bird treaty obligations of the Nation with
Canada, Mexico, Japan, the Union of Soviet Socialist Republics,
and with various countries in the Western Hemisphere require
Federal protection of wetlands that are used by migratory birds
for breeding, wintering or migration and needed to achieve and to
maintain optimum population levels, distributions, and patterns of
migration;
(4) wetlands, and the fish, wildlife, and plants dependent on
wetlands, provide significant recreational and commercial
benefits, including --
(A) contributions to a commercial marine harvest valued at over
$10,000,000,000 annually.
(B) support for a major portion of the Nation's multimillion
dollar annual fur and hide harvest; and
(C) fishing, hunting, birdwatching, nature observation and
other wetland-related recreational activities that generate
billions of dollars annually;
(5) wetlands enhance the water quality and water supply of the
Nation by serving as groundwater recharge areas, nutrient traps,
and chemical sinks;
(6) wetlands provide a natural means of flood and erosion
control by retaining water during periods of high runoff, thereby
protecting against loss of life and property;
(7) wetlands constitute only a small percentage of the land
area of the United States, are estimated to have been reduced by
half in the contiguous States since the founding of our Nation,
and continue to disappear by hundreds of thousands of acres each
year;
(8) certain activities of the Federal Government have
inappropriately altered or assisted in the alteration of wetlands,
thereby unnecessarily stimulating and accelerating the loss of
these valuable resources and the environmental and economic
benefits that they provide; and
(9) the existing Federal, State, and private cooperation in
wetlands conservation should be stregthened in order to minimize
further losses of these valuable areas and to assure their
management in the public interest for this and future generations.
(b) PURPOSE. -- It is the purpose of this Act to promote, in concert
with other Federal and State statutes and programs, the conservation of
the wetlands of the Nation in order to maintain the public benefits they
provide and to help fulfill international obligations contained in
various migratory bird treaties and conventions with Canada, Mexico,
Japan, the Union of Soviet Socialist Republics, and with various
countries in the Western Hemisphere by --
(1) intensifying cooperative efforts among private interests
and local, State, and Federal governments for the management and
conservation of wetlands; and
(2) intensifying efforts to protect the wetlands of the Nation
through acquisition in fee, easements or other interests and
methods by local, State, and Federal governments and the private
sector.
SEC. 3. "16 USC 3902" DEFINITIONS.
For the purpose of this Act.
(1) The term "Committees" means the Committee on Merchant
Marine and Fisheries and the Committee on Interior and Insular
Affairs of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Energy and
Natural Resources of the Senate.
(2) The term "desgnated unit" means a unit of the National
Wildlife Refuge System designated by the Secretary under section
201(a)(2).
(3) The term "hydric soil" means soil that, in its undrained
conditions, is saturated, flooded, or ponded long enough during a
growing season to develop an anaerobic condition that supports
that growth and regeneration of hydrophytic vegetation.
(4) The term "hydrophtic vegetation" means a plant growing in
--
(A) water; or
(B) a substrate that is at least periodically deficient in
oxygen during a growing season as a result of excessive water
content.
(5) The term "wetland" means land that has a predominance of
hydric soils and that is inundatd or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of
hydrophytic vegetation typically adapted for life in saturated
soil conditions.
SEC. 101. EXTENSION OF WETLANDS LOAN ACT.
(a) AVAILABILITY OF APPROPRIATIONS. -- The first section of the Act
entitled "An Act to promote the conservation of migratory waterfowl by
the acquisition of wetlands, and for other essential waterfowl habitat,
and for other purposes", approved October 4, 1961 (16 U.S.C. 715k-3), is
amended by striking out "September 30, 1986" and inserting in lieu
thereof "September 30, 1988".
(b) REPAYMENT provisions. -- Section 3 of such Act (16 U.S.C.
715k-5) is amended by striking out the first three sentences.
SEC. 201. "16 USC 3911" SALE OF ADMISSION PERMIT AT CERTAIN REFUGE
UNITS.
(a) SALE OF ADMISSION PERMITS. -- (1) Notwithstanding the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.), in order
to provide additional revenues for the conservation of wetland resources
of the Nation and for the operation and maintenance of refuges --
(A) the Secretary of the Interior may, at units of the National
Wildlife Refuge System designated by the Secretary under paragraph
(2) --
(i) charge fees for admission permits;
(ii) sell Golden Eagle passports and Golden Age passports;
(iii) issue at no charge lifetime admission permits as
authorized in section 4(a)(5) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 4601-4-4601-11);
(B) the amounts collected by the Secretary as a result of the
activities described in subparagraph (A) shall be distributed as
provided in subsection (c).
(2) The Secretary shall designate a unit of the National Wildlife
Refuge System for purposes of this Act if the Secretary determines, with
respect to such unit, that --
(A) The level of visitation for recreational purposes is high
enongh to justify the collection of fees for admission permits for
economic reasons.
(B) There is a practical mechanism in existence for
implementing and operating a system of collecting fees for
admission permits.
(C) Imposition of a fee for admission permits is not likely to
result in undue economic hardship for a significant number of
visitors to the unit.
(b) EXCEPTIONS. -- (1) The Secretary may not require an admission
permit under subsection (a)(1) for entry by a person into a designated
unit if such person is the holder of --
(A) a valid migratory bird hunting and conservation stamp
issued under section 2 of the Act of March 16, 1934 (16 U.S.C.
718b) (commonly known as the Duck Stamp Act);
(B) a valid Golden Eagle Passport issued under section 4(a)(1)
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
4601-6a(a)(1));
(C) a valid Golden Age Passport issued under section 4(a)(4) of
such Act; or
(D) a valid lifetime admission permit as authorized in section
4(a)(5) of such Act.
(2) Permits for a single visit to any designated unit shall be made
available by the Secretary of the Interior for a reasonable fee, but not
to exceed $3 for individuals or $7.50 per vehicle. For purposes of this
subsection, the term "single visit" means a more or less continuous stay
within a designated unit by a person or group described in subsection
(d). Payment of a single visit fee and issuance of a single visit
permit shall authorize exits from and re-entries to a single designated
unit for a period of from one to fifteen days. Such period shall be
defined for each designated unit by the Secretary based upon a
determination of the period of time reasonably and ordinarily necessary
for such a single visit.
(3) Special admission permits for uses such as group activities may
be issued in accordance with procedures and and at fees established by
the Secretary.
(4) A person may not be required to purchase an admission permit
under subsection (a)(1) in order to travel by private noncommercial
vehicle over any road or highway --
(A)(i) established as part of the National Federal Aid System
(as defined in section 101 of title 23, United States Code); and
(ii) commonly used by the public as a means of travel between
two places which are outside the designated unit; or
(B) to any land in which such person has a property interest if
such land is within any designated unit.
(5) A person may not be required to purchase an admission permit
under subsection (a)(1) for entrance or admission to a unit of the
National Wildlife Refuge System created, expanded, or modified by Public
Law 96-487. "16 USC 3101 note"
(c) DISTRIBUTION OF AMOUNTS COLLECTED. -- Amounts collected from the
sale of admission permits under this section and from fees collected at
any unit of the National Wildlife Refuge System under subsections (b)
and (c) of section 4 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-6a(b), (c)) shall be distributed as follows:
(A) Thirty per centum shall be available to the Secretary of
the Interior until expended. The Secretary shall use such amount
--
(i) first, to defray the cost of collection;
(ii) next, for operation and maintenance of the collecting
unit; and
(iii) next, for operation and maintenance of all units within
the National Wildlife Refuge System, except those units created,
expanded, or modified by Public Law 96-487.
(B) Seventy percent shall be deposited into the migratory bird
conservation fund established under section 4 of the Act of March
16, 1934 (16 U.S.C. 718d).
(d) PERSONS ACCOMPANYING PERMITTEES. -- A person who holds a stamp,
passport, or permit described in subsection (b) shall be entitled to
general entrance into any designated unit, along with --
(1) any persons accompanying such person in a single, private,
noncommercial vehicle; or
(2) where entry to the area is by any means other than single,
private, noncommercial vehicle, the person and any accompanying
spouse, children, or parents.
(e) RESTRICTIONS. -- A permit issued under this section is
nontransferable. Such a permit may not authorize any uses for which
fees are charged under the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-4 et seq.).
(f) ESTABLISHMENT OF FEES; POSTING OF NOTICES. -- (1) All fees
established pursuant to this section shall be fair and and equitable.
In establishing such fees, the Secretary shall consider the following;
(A) The direct and indirect cost to the Government.
(B) The benefits to the permit holder.
(C) The public policy or interest served.
(D) The comparable fees charged by non-Federal public agencies.
(E) The economic and administrative feasibility of fee
collection and other pertinent factors.
(2) The Secretary shall require that notice that a fee has been
established under this section --
(A) be prominently posted at each designated unit and at
appropriate locations in each such unit; and
(B) to the extent practicable, be included in publications
distributed at such units.
(g) VOLUNTEERS. -- The Director of the United States Fish and
Wildlife Service may accept services of volunteers to sell admission
permits under this section or to sell Golden Eagle and Golden Age
Passports or Migratory Bird Hunting and Conservation Stamps. The
Director may use funds appropriated or otherwise made available to the
Service to cover the cost of any surety bond that may be required of a
volunteer performing the services authorized under this subsection.
SEC. 202. PRICE OF MIGRATORY BIRD HUNTING AND CONSERVATION STAMP.
Section 2(b) "16 USC 718b" of the Act of March 16, 1934 (16 U.S.C.
718(b)), is amended in the first sentence --
(1) by striking out "$7.50" and inserting in lieu thereof
"$10.00";
(2) by striking out "any hunting year" and inserting in lieu
thereof "hunting years 1987 and 1988, $12.50 for hunting years
1989 and 1990, and $15.00 for each hunting year thereafter,"; and
(3) by inserting "available for obligation and" before
"attributable".
SEC. 203. "16 USC 3912" TRANSFERS TO MIGRATORY BIRD CONSERVATION
FUND.
Notwithstanding any other provision of law, an amount equal to the
amount of all import duties collected on arms and ammunition, as
specified in subpart A of part 5 of schedule 7 of the Tariff Schedules
of the United States, shall, beginning with the next fiscal year quarter
after the date of enactment of this Act, "19 USC 1202" be paid quarterly
into the migratory bird conservation fund established under section 4 of
the Act of March 16, 1934 (16 U.S.C. 718d).
SEC. 301. "16 USC 3921" NATIONAL WETLANDS PRIORITY CONSERVATION
PLAN.
(a) IN GENERAL -- The Secretary shall establish, and periodically
review and revise, a national wetlands priority conservation plan which
shall specify, on a region-by-region basis or other basis considered
appropriate by the Secretary, the types of wetlands and interests in
wetlands which should be given priority with respect to Federal and
State acquisition.
(b) CONSULTATION. -- The Secretary shall establish the plan required
by subsection (a) after consultation with --
(1) the Administrator of the Environmental Protection Agency;
(2) the Secretary of Commerce;
(3) the Secretary of Agriculture; and
(4) (the chief executive office of) each State.
(c) FACTORS TO BE CONSIDERED. -- The Secretary, in establishing the
plan required by subsection (a), shall consider --
(1) the estimated proportion remaining of the respective types
of wetlands which existed at the time of European settlement;
(2) the estimated current rate of loss and the threat of future
losses of the respective types of wetlands; and
(3) the contributions of the respective types of wetlands to --
(A) wildlife, including endangered and threatened species,
migratory birds, and resident species;
(B) commercial and sport fisheries;
(C) surface and ground water quality and quantity, and flood
control;
(D) outdoor recreation; and
(E) other areas or concerns the Secretary considers
appropriate.
SEC. 302. REMOVAL OF RESTRICTION ON ACQUISITION.
Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-9(a)(1)) is amended by striking out "national wildlife
refuge areas under section 7(a)(5) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742f(5)) except migratory waterfowl areas which are
authorized to be acquired by the Migratory Bird Conservation Act of
1929, as amended (16 U.S.C. 715-715s)" and inserting in lieu thereof
"national wildlife refuge areas under section 7(a)(4) of the Fish and
Wildlife Act of 1956 (16 U.S.C. 742(f)(a)(4)) and wetlands acquired
under section 304 of the Emergency Wetlands Resources Act of 1986".
SEC. 303. INCLUSION OF WETLANDS IN COMPREHENSIVE STATEWIDE OUTDOOR
RECREATION PLANS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.
S.C. 4601-8) is amended --
(1) in subsection (d), by adding at the end thereof the
following new paragraph:
"For fiscal year 1988 and thereafter each comprehensive statewide
outdoor recreation plan shall specifically address wetlands within that
State as an important outdoor recreation resource as a prerequisite to
approval, except that a revised comprehensive statewide outdoor
recreation plan shall not be required by the Secretary, if a State
submits, and the Secretary, acting through the Director of the National
Park Service, approves, as a part of and as an addendum to the existing
comprehensive statewide outdoor recreation plan, a wetlands priority
plan developed in consultation with the State agency with responsibility
for fish and wildlife resources and consistent with the national wetland
priority conservation plan developed under section 301 of the Emergency
Wetlands Resources Act or, if such national plan has not been completed,
consistent with the provisions of that section";
(2) in subsection (e)(1), by inserting, in the first sentence
thereof, after "For the acquisition of land, waters, or interests
in land or waters" the following: ", or wetland areas and
interests therein as identified in the wetlands provisions of the
comprehensive plan"; and
(3) in subsection (f)(3), by adding at the end thereof the
following: ": Provided, That wetland areas and interests therein
as identified in the wetlands provisions of the comprehensive plan
and proposed to be acquired as suitable replacement property
within that same State that is otherwise acceptable to the
Secretary, acting through the Director of the National Park
Service, shall be considered to be reasonably equivalent
usefulness with the property proposed for conversion.".
SEC. 304. FEDERAL ACQUISITION.
The Secretary is authorized to purchase wetlands or interests in "16
USC 3922" wetlands, which are not acquired under the authority of the
Migratory Bird Conservation Act of 1929 (16 U.S.C. 715-715s), consistent
with the wetlands priority conservation plan established under section
301.
SEC. 305. "16 USC 3923" RESTRICTION ON USE OF EMINENT DOMAIN IN
ACQUISITIONS.
The powers of condemnation or eminent domain shall not be used in the
acquisition of wetlands under any provision of this Act where such
wetlands have been constructed for the purpose of farming or ranching,
or result from conservation activities associated with farming or
ranching.
SEC. 401. NATIONAL WETLANDS INVENTORY PROJECT.
(a) IN GENERAL. -- The Secretary, acting through the Director of the
United States Fish and Wildlife Service, shall continue the National
Wetlands Inventory Project and shall --
(1) produce, by September 30, 1988, National Wetlands Inventory
maps for the areas that have been identified by the Service as top
priorities for mapping, including --
(A) the entire coastal zone of the Unite States;
(B) floodplains of major rivers; and
(C) the Prairie Pothole region;
(2) produce, by September 30, 1998, National Wetlands Inventory
maps for those portions of the contiguous United States for which
final maps have not been produced earlier;
(3) produce, as soon as practicable, National Wetlands
Inventory maps for Alaska and other noncontiguous portions of the
United States; and
(4) produce, by September 30, 1990, amd at ten-year intervals
thereafter, reports to update and improve the information
contained in the report dated September 1982 and entitled "Status
and Trends of Wetlands and Deepwater Habitat in the Coterminous
United States, 1950's to 1970's".
(b)NOTICE. -- The Secretary shall notify the appropriate State and
local units of government at such time as he proposes to begin map
preparation under subsection (a) in the area. Such notice shall
include, but is not limited to, the identification of the area to be
mapped, the proposed schedule for completion, and the identification of
a source for further information.
SEC. 402. "16 USC 3932" REPORTS TO CONGRESS.
(a) IN GENERAL. -- The Secretary, in consultation and cooperation
with the Secretary of Agriculture, shall prepare and submit to the
committees --
(1) by March 30, 1987, a report regarding the status,
condition, and trends of wetlands in the lower Mississippi
alluvial plain and the prairie pothole regions of the United
States; and
(2) by September 30, 1987, a report regarding trends of
wetlands in all other areas of the United States.
(b) CONTENTS OF REPORTS. -- The reports required under subsection
(a) shall contain --
(1) an analysis of the factors responsible for wetlands
destruction, degradation, protection and enhancement;
(2) a compilation and analysis of Federal statutory and
regulatory mechanisms, including expenditures, financial
assistance, and tax provisions which --
(A) induce wetlands destruction or degradation; or
(B) protect or enhance wetlands;
(3) a compilation and analysis of Federal expenditures
resulting from wetlands destruction, degradation, protection or
enhancement;
(4) an analysis of public and private patterns of ownership of
wetlands;
(5) an analysis of the environmental and economic impact of
eliminating or restricting future Federal expenditures and
financial assistance, whether direct or indirect, which have the
effect of encouraging the destruction, degradation, protection or
enhancement of wetlands, including --
(A) public works expenditures;
(B) assistance programs such as price support programs,
commodity loans and purchase programs and disaster assistance
programs;
(C) soil conservation programs; and
(D) certain income tax provisions;
(6) an analysis of the environmental and economic impact of
failure to restrict future Federal expenditures, financial
assistance, and tax provisions which have the effect of
encouraging the destruction, degradation, protection or
enhancement of wetlands, including --
(A) assistance for normal silviculture activity (such as
plowing, seeding, planting, cultivating, minor drainage, or
harvesting for the production of fiber or forest products);
(B) Federal expenditures required incident to studies,
evaluations, design, construction, operation, maintenance, or
rehabilitation of Federal water resource development activities,
including channel improvements;
(C) the commodity loans and purchases program and cotton, feed
grain, wheat, and rice production stabilization programs
administered by the Department of Agriculture; and
(D) Federal expenditures for the construction of publicly owned
or publicly operated highways, roads, structures, or facilities
that are esstential links in a larger network or system; and
(7) recommendations for the conservation of wetlands resources
based on an evaluation and comparison of all management
alternatives, and combinations of management alternatives, such as
State and local actions, Federal actions, and initiatives by
private organizations and individuals.
SEC. 501. "16 USC 6 8dd note" MIGRATORY BIRD TREATY ACT.
Section 6(b) of the Act of July 3, 1918 (16 U.S.C. 707(b)) is amended
by deleting "shall" the first place it appears therein and by inserting
in lieu thereof "shall knowingly".
SEC. 502. BAYOU SAUVAGE URBAN NATIONAL WILDLIFE REFUGE.
(a) PURPOSES OF REFUGE. -- The purposes of the Bayou Sauvage Urban
National Wildlife Refuge are --
(1) to enhance the populations of migratory, shore, and wading
birds within the refuge;
(2) to encourage natural diversity of fish and wildlife species
with the refuge;
(3) to protect the endangered and threatened species and
otherwise to provide for the conservation and management of fish
and wildlife within the refuge;
(4) to fulfill the international treaty obligations of the
United States respecting fish and wildlife;
(5) to protect the archeological resources of the refuge;
(6) to provide opportunities for scientific research and
environmental education, with emphasis being given to the
ecological and other values of wetlands; and
(7) to provide opportunities for fish and wildlife oriented
public uses and recreation in an urban setting.
(b) ACQUISITION AND ESTABLISHMENT OF REFUGE. --
(1) ACQUISITON. -- With four years after the effective date of
this section the Secretary of the Interior (hereinafter in this
Act referred to as the "Secretary") shall acquire the
approximately nineteen thousand acres of lands and waters, and
interests therein, located in Orleans Parish, Louisiana, that are
depicted on the map entitled " Bayou Sauvage Urban National
Wildlife Refuge", dated September 15, 1986, and on file at the
United States Fish and Wildlife Service, Department of the
Interior. The lands and waters, and interests therein, acquired
under this paragraph comprise the Bayou Sauvage Urban National
Wildlife Refuge. The acquisition shall be made through donation,
purchase with donated or appropriated funds, or exchange, or
through any combination of the foregoing.
(2) ESTABLISHMENT. -- At such time as sufficient lands and
waters, and interests therein, have been acquired under paragraph
(1) to constitute an initial area that can be administered to
carry out the purposes set forth in subsection (a), the Secretary
shall establish the Bayou Sauvage Urban National Wildlife Refuge
by publication of notice to that effect in the Federal Register.
(3) BOUNDARY ADJUSTMENTS. -- The Secretary may make such
adjustments with respect to the boundary of the Bayou Sauvage
Urban National Wildlife Refuge as may be necessary to facilitate
the acquisition of lands and waters, and interests therein, for
the refuge and to facilitate toe administration of the refuge.
(c) ADMINISTRATION OF REFUGE. -- The Secretary shall administer all
lands and waters, and interests therein, acquired under subsection (b)
in accordance with the provisions of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd-668ee) to carry out the
purposes set forth in subsection (a). The Secretary may utilize such
additional statutory authority as may be available to him for the
conservation and development of wildlife and natural resources, the
development of outdoor recreation opportunities, and interpretive
environmental education as he considers appropriate to carry out such
purposes. Within two years after the effective date of this section,
the Secretary shall complete a master plan for the development of the
Bayou Sauvage Urban National Wildlife Refuge.
(d) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to the Department of the Interior --
(1) from funds not otherwise appropriated from the Land and
Water Conservation Fund, such sums as may be necessary for the
acquisition of lands and waters, and interests therein, for the
Bayou Sauvage Urban National Wildlife Refuge; and
(2) $5,000,000 for the development of the refuge.
The moneys appropriated under subparagraphs (1) and (2) shall remain
available under expended.
(e) EFFECTIVE DATE. -- This section takes effect on the later of the
date of enactment of this Act or October 1, 1986.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- S. 740 (H.R. 1203):
HOUSE REPORTS: No. 99-86, Pt. 1 accompanying H.R. 1203 (Comm. on
Merchant Marine and Fisheries).
SENATE REPORTS: No. 99-445 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 3, considered and passed
Senate. Oct. 14, considered and passed House.
Public Law 99-644, 100 Stat. 3581
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (a) of
section 901 of the Alaska National Interest Lands Conservation Act "43
USC 1631" (Public Law 99-487), as amended, is hereby amended by striking
out the word "six years after the date of execution" each time such
words occur in such subsection, and by inserting in lieu thereof in each
instance the words "eight years after the date of execution" and by
striking the words "seven years after the date of enactment" each time
such words occur in such subsection, and by inserting in lieu thereof in
each instance the words "nine years after the date of enactment".
Approved November 10, 1986.
LEGISLATIVE HISTORY -- S. 485:
SENATE REPORTS: No. 99-507 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 16, considered and
passed Senate and House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov.
10, Presidential statement.
PUBLIC LAW 99-643, 100 STAT. 3574
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 "Employment Opportunities for Disabled
Americans Act".
SEC. 2. PERMANENT AUTHORIZATION OF PROGRAM OF BENEFITS UNDER SECTION
1619.
Section 201(d) of the Social Security Disability Amendments of 1980
(42 U.S.C. 1382h note) is amended by striking out ", but shall remain in
effect only through June 30, 1987".
SEC. 3. ELIGIBILITY OF CERTAIN DISABLED OR BLIND INDIVIDUALS FOR
BENEFITS DURING INITIAL TWO MONTHS IN CERTAIN INSTITUTIONS.
(a) IN GENERAL. -- Section 1611(e)(1) of the Social Security Act (42
U.S.C. 1382(e)(1)) is amended --
(1) in subparagraph (A) by striking out "and (D)" and inserting
in lieu thereof "(D), and (E)";
(2) in subparagraph (B) by inserting "(subject to subparagraph
(E)) after "shall be payable"; and
(3) by adding at the end thereof the following new
subparagraphs:
"(E) Notwithstanding subparagraphs (A) and (B), any individual who --
"(i)(I) is an inmate of a public institution, the primary
purpose of which is the provision of medical or psychiatric care,
throughout any month as described in subparagraph (A), or
"(II) is in a hospital, extended care facility, nursing home,
or intermediate care facility throughout any month as described in
subparagraph (B),
"(ii) was eligible under section 1619 (a) or (b) for the month
preceding such month, and
"(iii) under an agreement of the public institution or the
hospital, extended care facility, nursing home, or intermediate
care facility is permitted to retain any benefit payable by reason
of this subparagraph,
may be an eligible individual or eligible spouse for purposes of this
title (and entitled to a benefit determined on the basis of the rate
applicable under subsection (b)) for the month referred to in subclause
(I) or (II) of clause (i) and, if such subclause still applies, for the
succeeding month.
"(F) An individual who is an eligible individual or an eligible
spouse for a month by reason of subparagraph (E) shall not be treated as
being eligible under section 1619 (a) or (b) "42 USC 1382h" for such
month for purposes of clause (ii) of such subparagraph.".
(b) MEDICAID STATE PLAN REQUIREMENT. -- Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
"(1) Notwithstanding any provision of subsection (a) to the contrary,
a State plan, under this title shall provide that any supplemental
security income benefits paid by reason of section 1611( e)(1)(E) to an
individual who --
"(1) is eligible for medical assistance under the plan, and
"(2) is in a hospital, skilled nursing facility, or
intermediate care facility at the time such benefits are paid,
will be disregarded for purposes of determining the amount of any
post-eligibility contribution by the individual to the cost of the care
and services provided by the hospital, skilled nursing facility, or
intermediate care facility.".
SEC. 4. IMPROVEMENTS TO SECTION 1619 PROGRAM.
(a) CASH BENEFITS. -- Section 1619(a) of the Social Security Act (42
U.S.C. 1382h(a)) is amended to read as follows:
"(a)(1) Any individual who was determined to be an eligible
individual (or eligible spouse) by reason of being under a disability
and was eligible to receive benefits under section 1611 (or a federally
administered State supplementary payment) for a month and whose earnings
in a subsequent month exceed the amount designated by the Secretary
ordinarily to represent substantial gainful activity shall qualify for a
monthly benefit under this subsection for such subsequent month (which
shall be in lieu of any benefit under section 1611) equal to an amount
determined under section 1611(b)(1) (or, in the case of an individual
who has an eligible spouse under section 1611 (b)(2)), "42 USC 1396" and
for purposes of title XIX shall be considered to be receiving
supplemental security income benefits under this title, for so long as
--
"(A) such individual continues to have the disabling physical
or mental impairment on the basis of which such individual was
found to be under a disability; and
"(B) the income of such individual, other than income excluded
pursuant to section 1612(b) "42 USC 1382a" is not equal to or in
excess of the amount which would cause him to be ineligible for
payments under section 1611 and such individual meets all payments
under section 1611 and such individual meets all other
non-disability-related requirements for eligiblity for benefits
under this title.
"(2) The Secretary shall make a determination under paragraph (1)(A)
with respect to an individual not later than 12 months after the first
month for which the individual qualifies for a benefit under this
subsection.".
(b) CONTINUING BENEFITS UNDER TITLE XIX. -- Section 1619(b) of such
Act is amended --
(1) in paragraph (1) by striking out "continues to meet" and
inserting in lieu thereof "meets",
(2) in paragraph (4) by striking out "benefits under this title
and title XIX" and inserting in lieu thereof "benefits under this
title (including any federally administered State supplementary
payments), benefits under title XIX, and publicly funded attendant
care services (including personal care assistance),",
(3) by redesignating paragraphs (1) through (4) as
subparagraphs (A) and (D), respectively,
(4) by striking out the matter preceding subparagraph (A) (as
redesignated by paragraph (3)) and inserting in lieu thereof the
following:
"(b)(1) For purposes of title XIX, any individual under age 65 who
was determined to be a blind or disabled individual eligible to receive
a benefit under section 1611 "42 USC 1396" or any federally administered
State supplementary payment for a month and who in a subsequent month is
ineligible for benefits under this title (and for any federally
administered State supplementary payments) because of his or her income
shall, nevertheless, be considered to be receiving supplemental security
income benefits for such subsequent month provided that the Secretary
determines under regulations that -- ", and
(5) by adding at the end thereof (after and below subparagraph
(D), as so redesignated) the following new paragraphs:
"(2)(A) Determinations made under paragraph (1)(D) shall be based on
information and data updated no less frequently than annually.
"(B) In determining an individual's earnings for purposes of
paragraph (1)(D), there shall be excluded from such earnings an amount
equal to the sum of any amounts which are or would be excluded under
clauses (ii) and (iv) of section 1612(b)(4)(b) "42 USC 1382a" (or under
clauses (ii) and (iii) of section 1612(b)(4)(A)) in determining his or
her income.".
(c) REVIEW PROCESS FOR CERTAIN INDIVIDUALS. --
(1) Section 1631 of such Act (32 U.S.C. 1383) is amended --
(A) in subsection (e)(1)(A) by striking out "subparagraph (B)"
and inserting in lieu thereof "subparagraph (B) and subsection
(j)", and
(B) by adding at the end thereof the following new subsection:
"Application and Review Requirements for Certain Individuals
"(j)(1) Notwithstanding any provision of section 1611 or 1619 "42 USC
1382h" any individual who --
"(A) was an eligible individual (or eligible spouse) under
section 1611 or was eligible for benefits under or pursuant to
section 1619, and
"(B) who, after such eligibility, is ineligible for benefits
under or pursuant to both such sections for a period of 12
consecutive months,
may not thereafter become eligible for benefits under or pursuant to
either such section until the individual has reapplied for benefits
under section 1611 and been determined to be eligible for benefits under
such section.
"(2)(A) Notwithstanding any provision of section 1611 or section
1619, any individual who was eligible for benefits pursuant to section
1619(b), and who --
"(i)(I) on the basis of the same impairment on which his or her
eligibility under such section 1619(b) was based becomes eligible
for benefits under section 1611 or 1619(a) for a month that
follows a period during which the individual was ineligible for
benefits under sections 1611 and 1619(a), and
"(II) has earned income (other than income excluded pursuant to
section 1612(b)) for any month in the 12-month period preceding
such month that is equal to or in excess of the amount that would
cause him or her to be ineligible for payments under section
1611(b) "42 USC 1382" for that month (if he or she were otherwise
eligible for such payments); or
"(ii)(I) on the basis of the same impairment on which his or
her eligibility under such section 1619(b) "42 USC 1382h" was
based becomes eligible under section 1619(b) for a month that
follows a period during which the individual was ineligible under
section 1611 and section 1619, and
"(II) has earned income (other than income excluded pursuant to
section 1612(b) "42 USC 1382a" for such month or for any month in
the 12-month period preceding such month that is equal to or in
excess of the amount that would cause him or her to be ineligible
for payments under section 1611(b) for that month (if he or she
were otherwise eligible for such
payments); shall, upon becoming eligible (as described in clause (i)(I)
or (ii)(I)), be subject to a prompt review of the type described in
section 1614(a)(5). "42 USC 1382c"
"(B) If the Secretary determines pursuant to a review required by
subparagraph (A) that the impairment upon which the eligibility of an
individual is based has ceased, does not exist, or is not disabling,
such individual may not thereafter become eligible for a benefit under
or pursuant to section 1611 or section 1619 until the individual has
reapplied for benefits under section 1611 and been determined to be
eligible for benefits under such section.".
(2) Section 1619 of such Act (as amended by subsections (a) and
(b) of this section) is further amended --
(A) in subsection (a) by striking out "Any individual" and
inserting in lieu thereof "Except as provided in section 1631(j),
any individual", and
(B) in subsection (b) by striking out "For purposes of" and
inserting in lieu thereof "Except as provided in section 1631(j),
for purposes of".
(3) Section 1611 of such Act (42 U.S.C. 1382) is amended by
adding at the end thereof the following new subsection:
Application and Review Requirements for Certain Individuals
"(i) For application and review requirements affecting the
eligibility of certain individuals, see section 1631(j).".
(d) CONFORMING AMENDMENTS. --
(1) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is amended
by striking out paragraph (4).
(2) Section 1614(a)(3) of such Act (42 U.S.C. 1382c(a)(3)) is
amended --
(A) in subparagraph (D) by striking out ", except for purposes
of subparagraph (F) or paragraph (4)", and
(B) by striking out subparagraph (F), and be redesignating
subparagraphs (G) and (H) as subparagraphs (F) and (G),
respectively.
(3)(A) Section 1614(a) of such Act (as amended by paragraph (2)) is
further amended by striking out paragraph (4) and by redesignating
paragraph (5) as paragraph (4).
(B) Section 1631(j)(2)(A) of such Act (as added by subsection (c)) is
amended by striking out "section 1614(a)(5)" and inserting in lieu
thereof "section 1614(a)(4)".
SEC. 5. NOTIFICATIONS TO APPLICANTS AND RECIPIENTS.
Section 1631 of the Social Security Act (42 U.S.C. 1383) (as amended
by section 4) is further amended by adding at the end thereof the
following new subsection:
"Notifications to Applicants and Recipients
"(k) The Secretary shall notify an individual receiving benefits
under section 1611 "42 USC 1382h" on the basis of disability or
blindness of his or her potential eligibility for benefits under or
pursuant to section 1619 --
"(1) at the time of the initial award of benefits to the
individual under section 1611 (if the individual has attained the
age of 18 at the time of such initial award), and
"(2) at the earliest time after an initial award of benefits to
an individual under section 1611 that the indivudal's earned
income for a month (other than income excluded pursuant to section
1612(b)) "42 USC 1382a" is $200 or more, and periodically
thereafter so long as such individual has earned income (other
than income so excluded) of $200 or more per month.".
SEC. 6. LOSS OF SSI BENEFITS UPON ENTITLEMENT TO CHILD'S INSURANCE
BENEFITS BASED ON DISABILITY.
(a) IN GENERAL. -- Section 1634 of the Social Security Act (42 U.S.
C. 1383c) is amended by adding at the end thereof the following new
subsection:
"(c) If any individual who has attained the age of 18 and is
receiving benefits under this title on the basis of blindness or a
disability which began before he or she attained the age of 22 --
"(1) becomes entitled, on or after the effective date of this
subsection, to child's insurance benefits which are payable under
section 202(d) "42 USC 402" on the basis of such disability or to
an increase in the amount of the child's insurance benefits which
are so payable, and
"(2) ceases to be eligible for benefits under this title
because of such child's insurance benefits or because of the
increase in such child's insurance benefits,
such individual shall be treated for purposes of title XIX as receiving
"42 USC 1396" benefits under this title so long as he or she would be
eligible for benefits under this title in the absence of such child's
insurance benefits or such increase.".
(b) STATE DETERMINATIONS. -- Any determination required under
section 1634(c) "42 USC 1383e note" of the Social Security Act "42 USC
1383c" with respect to whether an individual would be eligible for
benefits under title XVI of such Act. "42 USC 1381" in the absence of
children's benefits (or any increase thereof) shall be made by the
appropriate State agency.
(c) CONFORMING CHANGE. -- Section 1920(a)(2) of such Act (42 U.S.C.
1396(a)(2)) is amended --
(1) by inserting "(A)" before "Section", and
(2) by adding after and below subparagraph (A) the following
new subparagraph:
"(B) Section 1634 of this Act (relating to individuals who lose
eligibility for SSI benefits due to entitlement to child's insurance
benefits under section 202(d) of this Act).".
SEC. 7. MEDICAID ELIGIBILITY FOR CERTAIN RECIPIENTS OF CASH BENEFITS
UNDER SECTION 1619.
(a) IN GENERAL. -- Section 1619(b) of the Social Security Act (42
U.S.C. 1382h(b)) (as amended by section 4) is further amended by adding
at the end thereof the following new paragraph:
"(3) In the case of a State that exercises the option under section
1902(f) "42 USC 1396a" any individual who --
"(A)(i) qualifies for a benefit under subsection (a), or
"(ii) meets the requirements of paragraph (1); and
"(B) was eligible for medical assistance under the State plan
approved under title XIX in the month immediately preceding "42
USC 1396" the first month in which the individual qualified for a
benefit under such subsection or met such requirements,
shall remain eligible for medical assistance under such plan for so long
as the indivudal qualifies for a benefit under such subsection or meets
such requirements.".
(b) CONFORMING AMENDMENT. -- Section 1902(f) of such Act (42 U.S.C.
1396a(f)) is amended by striking out "section (e)" and inserting in lieu
thereof "subsection (e) and section 1619(b)(3)". "42 USC 1383"
SEC. 8. PAYMENT OF BENEFITS DUE DECREASED RECIPIENTS.
(a) IN GENERAL. -- Section 1631(b)(1) of the Social Security Act.
"42 USC 1383" is amended --
(1) by inserting "(A)" after "(1)";
(2) by striking out "by recovery from" where it first appears
in the first sentence and all that follows down through "The
Secretary (A) shall make" and inserting in lieu thereof the
following:
"by recovery from such individual or his eligible spouse (or from the
estate of either) or by payment to such individual or his eligible
spouse, or, if such indivudal is decreased, by payment --
"(i) to any surviving spouse of such individual, whether or not
the individual's eligible spouse, if (within the meaning of the
first sentence of section 202(i) "42 USC 402" such surviving
husband or wife was living in the same household with the
individual at the time of his death or with the 6 months
immediately preceding the month of such parent or parents.
"(B) The Secretary (i) shall make";
(3) by striking out "and (B) shall in any event" and inserting
in lieu thereof "and (ii) shall in any event";
(4) by striking out "(i) the amount" and "(ii) an amount" and
inserting in lieu thereof "(I) the amount" and "(II) an amount",
respectively; and
(5) by striking out "clause (B)" and "clause (A)" in the last
sentence and inserting in lieu thereof "clause (ii)" and "clause (i)",
respectively.
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "42 USC
1383 note" shall apply with respect to benefits payable for months after
May 1986.
SEC. 9. TREATMENT OF CERTAIN COUPLES IN MEDICAL INSITUTIONS.
(a) IN GENERAL. -- Section 1611(e) of the Social Security Act "42
USC 1382" is amended by adding at the end thereof the following new
subsection:
"(5) Notwithstanding anything to the contrary in the criteria being
used by the Secretary in determining when a husband and wife are to be
considered two eligible individuals for purposes of this title and when
they are to be considered an eligible individual with an eligible
spouse, the State agency administering or supervising the administration
of a State plan under any other program under this Act may (in the
administration of such plan) treat a husband and wife sharing a room or
comparable accommodation in a hospital, home, or facility described in
paragraph (1)(B) as though they were an eligible individual with his or
her eligible spouse for purposes of this title (rather than two eligible
individuals), after they have continuously shared such a room or
accommodation for 6 months, if treating such husband and wife as two
eligible individuals would prevent either of them from receiving
benefits or assistance under such plan or reduce the amount thereof.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act. "42 USC 1382
note"
SEC. 10. PERMANENT AUTHORIZATION. -- The amendment made by section 2
shall become effective on the date of the enactment of this Act. "42
USC 1382h note"
(b) PROGRAM MODIFICATIONS. --
(b) Except as provided in paragraph (2), the amendments made by
sections 3, 4, 5, 6, and 7 shall become effective on July 1, 1987.
(2) In the case of a State plan for medical assistance under
title XIX of the Social Security Act "42 USC 1396" which the
Secretary of Health and Human Services determines required State
legislation in order for the plan to meet the requirements imposed
by the amendments made by section 3(b) and section 7 of this Act,
the State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to
meet such additional requirements until 60 days after the close of
the first regular session of the State legislature that begins
after the date of the enactment of this Act.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- H.R. 5595 (S. 2209):
HOUSE REPORTS: No. 99-893 (Comm. on Ways and Means).
SENATE REPORTS: No. 99-466 accompanying S. 2209 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 32 (1986): Sept. 30, considered and
passed House. Oct. 8, considered and passed Senate, amended, in lieu of
S. 2209. Cot. 15, House concurred in Senate amendments with an
amendment. Oct. 16, House agreed to certain Senate amendment, to
another with amendments. Oct. 18, Senate concurred in House amendments.
Public Law 99-642, 100 Stat. 3573
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION OF BUILDING.
The Federal Building located at 111 W. Huron Street, Buffalo, New
York, shall be known and designated as the "Thaddeus J. Dulski Federal
Building".
SEC. 2. LEGAL REFERENCES.
Each reference in a law, map, regulation, document, record, or other
paper of the United States to such building shall be deemed to be a
reference to the "Thaddeus J. Dulski Federal Building".
Approved November 10, 1986.
LEGISLATIVE HISTORY -- H.R. 5180:
HOUSE REPORTS: No. 99-876 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed
House. Oct. 18, considered and passed Senate.
PUBLIC LAW 99-641, 100 STAT. 3556
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Future Trading Act
"7 USC 1 note" of 1986".
(b) TABLE OF CONTENTS. -- The table of contents is as follows:
TITLE I -- FUTURES TRADING
SEC. 101. FRADULENT PRACTICES.
Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended --
(1) by striking out "on or subject to the rules of any contract
market," and second place it appears in the first sentence; and
(2) by adding at the end thereof the following new paragraph:
"Nothing in this section shall apply to any activity that occurs on a
board of trade, exchange, or market, or clearinghouse for such board of
trade, exchange, or market, located outside the United States, or
territories or possessions of the United States, involving any contract
of sale of a commodity for future delivery that is made, or to be made,
on or subject to the rules of such board of trade, exchange, or
market.".
SEC. 102. OPTIONS TRANSACTIONS.
Subsection (c) of section 4c of the Commodity Exchange Act (7 U.S.C.
6c(c)) is amended to read as follows:
"(c) Not later than 90 days after the date of the enactment of the
Futures Trading Act of 1986, the Commission shall issue regulations --
("(1) to eliminate the pilot status of its program for
commodity option transactions involving the trading of options on
contract markets, including any numerical restrictions on the
number of commodities or option contracts for which a contract
market may be designated; and
"(2) otherwise to continue to permit the trading of such
commodity options under such terms and conditions that the
Commission from time to time may prescribe.".
SEC. 103. EXTRATERRITORIAL SERVICE OF SUBPENAS.
Section 6(b) of the Commodity Exchange Act (7 U.S.C. 15) is amended
--
(1) in the third sentence, by inserting "(except as provided in
the fifth sentence of this subsection)" immediately before "may
administer oaths and affirmations, subpena witnesses";
(2) in the fourth sentence, by striking out "or any State" and
inserting in lieu thereof ", any State, or any foreign country or
jurisdiction"; and
(3) by inserting after the fourth sentence the following new
sentence: "A subpena issued under this section may be served upon
any person who is not to be found within the territorial
jurisdiction of any court of the United States in such manner as
the Federal Rules of Civil Procedure prescribe for service of "28
USC app" process in a foreign country, except that a subpeana to
be served on a person who is not to be found within the
territorial jurisdiction of any court of the United States may be
issued only on prior approval of the Commission.".
SEC. 104. EX PARTE APPOINTMENT OF TEMPORARY RECEIVERS.
The proviso of the first sentence of section 6c of the Commodity
Exchange Act (7 U.S.C. 13a-1) is amended by inserting within the
parenthetical phrase before the closing parenthesis the following: ",
and other than an order appointing a temporary receiver to administer
such restraining order and to perfrom such other duties as the court may
consider appropriate".
SEC. 105. CERTAIN PROHIBITED TRANSACTIONS.
Section 9(d) of the Commodity Exchange Act (7 U.S.C. 13(d) is amended
--
(1) by inserting immediately before the period at the end of
the first sentence the following: "if nonpublic information is
used in the investment transaction, if the investment transaction
is prohibited by rule or regulation of the Commission, or if the
investment transaction is effected by means of any instrument
regulated by the Commission"; and
(2) by striking out the second and third sentences and
inserting in lieu thereof the following new sentence: "The
foregoing prohibitions shall not apply to any transaction or class
of transactions that the Commission, by rule or regulation, has
determined would not be contrary to the public interest or
otherwise inconsistent with the purposes of this subsection.".
SEC. 106. AUTHORIZATION FOR APPROPRIATIONS.
Subsection (d) of section 12 of the Commodity Exchange Act (7 U.S.C.
16(d) is amended to read as follows:
"(d) There are authorized to be appropriated to carry out this Act
such sums as may be necessary for each of the fiscal years during the
period beginning October 1, 1986, and ending September 30, 1989.".
SEC. 107. REGISTERED FUTURES ASSOCIATION DISCIPLINARY ACTIONS AND
MEMBERSHIP RESTRICTIONS.
Subsection (h) and (i) of section 17 of the Commodity Exchange Act (7
U.S.C. 21 (h) and (i)) are amended to read as follows:
"(h)(1) If any registered futures association takes any final
disciplinary action against a member of the association or a person
associated with a member, denies admission to any person seeking
membership therein, or bars any person from being associated with a
member, the association promptly shall give notice thereof to such
member or person and file notice there with the Commission. The notice
shall be in such form and contain such information as the Commission, by
rule or regulation, may prescribe as necessary or appropriate to carry
out the purposes of this Act.
"(2) Any action with respect to which a registered futures
association is required by paragraph (1) to file notice shall be subject
to review by the Commission on its motion, or on application by any
person aggrieved by the action. Such application shall be filed within
30 days after the date such notice is filed with the Commission and
received by the aggrieved person, or within such longer period as the
Commission may determine.
"(3)(A) Application to the Commission for review, or the institution
of review by the Commission on its own motion, shall not operate as a
stay of such action unless the Commission otherwise orders, summarily or
after notice and opportunity for hearing on the question of a stay
(which hearing may consist solely of the submission of affidavits or
presentation of oral arguments).
"(B) The Commission shall establish procedures for expedited
consideration and determination of the question of a stay.
"(i)(1) In a proceeding to review a final disciplinary action taken
by a registered futures association against a member thereof or a person
associated with a member, after appropriate notice and opportunity for a
hearing (which hearing may consist soley of consideration of the record
before the association and opportunity for the presentation of
supporting reasons to affirm, modify, or set aside the sanction imposed
by the association) --
"(A) if the Commission finds that --
"(i) the member or person associated with a member has engaged
in the acts or practices, or has omitted the acts, that the
association has found the member or person to have engaged in or
omitted;
"(ii) the acts or practices, or omissions to act, are in
violation of the rules of the association specified in the
determination of the association; and
"(iii) such rules are, and were applied in a manner, consistent
with the purposes of this Act,
the Commission, by order, shall so declare and, as appropriate,
affirm the sanction imposed by the association, modify the
sanction in accordance with paragraph (2), or remand the case to
the association for further proceedings; or
"(B) if the Commission does not make any such finding, the
Commission, by order, shall set aside the sanction imposed by the
association and, if appropriate, remand the case to the association for
further proceedings.
"(2) If, after a proceeding under paragraph (1), the Commission finds
that any penalty imposed on a member or person associated with a member
is excessive or oppressive, having due regard for the public interest,
the Commission, by order, shall cancel, reduce, or require the remission
of the penalty.
"(3) In a proceeding to review the denial of membership in a
registered futures association or the barring of any person from being
associated with a member, after appropriate notice and opportunity for a
hearing (which hearing may consist solely of consideration of the record
before the association and opportunity for the presentation of
supporting reasons to affirm, modify, or set aside the action of the
association) --
"(A) if the Commissin finds that --
"(i) the specific grounds on which the denial or bar is based
exist in fact;
"(ii) the denial or bar is in accordance with the rules of the
association; and
"(iii) such rules are, and were applied in a manner, consistent
with the purposes of this Act.
the Commission, by order, shall so declare and, as appropriate,
affirm or modify the action of the association, or remand the case
to the association for further proceedings; or
"(B) if the Commission does not make any such finding, the
Commission, by order, shall set aside the action of the
association and require the association to admit the applicant to
membership or permit the person to be associated with a member,
or, as appropriate, remand the case to the association for further
proceedings.
"(4) Any person (other than a registered futures association)
aggrieved by a final order of the Commission entered under this
subsection may file a petition for review with a United States court of
appeals in the same manner as provided in section 6(b).".
SEC. 108. RULE REVIEW PROCEDURES.
Section 17(j) of the Commodity Exchange Act (7 U.S.C. 21(j) is
amended by striking out the third sentence.
SEC. 109. LEVERAGE TRANSACTIONS.
Section 19 of the Commodity Exchange Act (7 U.S.C. 23) is amended to
read as follows:
"Sec. 19. (a) Except as authorized under subsection (b), no person
shall offer to enter into, enter into, or confirm the execution of, any
transaction for the delivery of any commodity under a standardized
contract commonly known to the trade as a margin account, margin
contract, leverage account, or leverage contract, or under any contract,
account, arrangement, scheme, or device that the Commission determines
serves the same function or functions as such a standardized contract,
or is marketed or managed in substantially the same manner as such a
standardized contract.
"(b)(1) Subject to paragraph (2), no person shall offer to enter
into, enter into, or confirm the execution of, any transaction for the
delivery of silver bullion, gold bullion, bulk silver coins, bulk gold
coins, or platinum under a standardized contract described in subsection
(a), contrary to the terms of any rule, regulation, or order that the
Commission shall presecribe, which may include terms designed to ensure
the financial solvency of the transaction or prevent manipulation or
fraud. Such rule, regulation, or order may be made only after notice
and opportunity for hearing. The Commission may set different terms and
conditions for transaction involving different commodities.
"(2) No person may engage in any activity described in paragraph (1)
who is not permitted to engage in such activity, by the rules,
regulations, and orders of the Commission in effect on the date of the
enactment of the Futures Trading Act of 1986, until the Commission
permits such person to engage in such activity in accordance with
regulations issued in accordance with subsection (c)(2).
"(c)(1)(A) Not later than 2 years after the date of the enactment of
the Futures Trading Act of 1986, the Commission shall --
"(i) with the assistance of a futures association registered
under this Act, conduct a survey concerning the persons interested
in engaging in the business of offering to enter into, entering
into, or confirming the execution of, the transactions described
in subsection (b)(1); and
"(ii) transmit a report of the results of the survey to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
"(B) Notwithstanding any other provision of law, for purposes of
completing such report the Commission may direct, by rule, regulation,
or order, a futures association registered under this Act to render such
assistance as the Commission shall specify.
"(C) Such report shall include the findings and any recommendations
of the Commission concerning --
"(i) whether such transactions serve an economic purpose;
"(ii) the most efficient manner, consistent with the public
interest, to permit additional persons to engage in the business
of offering to enter into, entering into, and confirming the
execution of such transactions; and
"(iii) the appropriate regulatory scheme to govern such
transactions to ensure the financial solvency of such transactions
and to prevent manipulation or fraud.
"(2) The report shall also include Commission regulations governing
such transactions. The regulations shall provide for permitting
additional persons to engage in such transactions. The regulations
shall become effective on the expiration of 90 calendar days on which
either House of Congress is in session after the date of the transmittal
of the report to Congress. The regulations --
"(A) may authorize or require, notwithstanding any other
provision of law, a futures association registered under this Act
to perform such responsibilities in connection with such
transactions as the Commission may specify; and
"(B) may require that permission for additional persons to
engage in such business be given on a gradual basis, so as not to
place an undue burden on the resources of the Commission.
"(d) This section shall not affect any rights or obligations arising
out of any transaction subject to this section, as in effect before the
date of the enactment of the Futures Trading Act of 1986, that was
entered into, or the execution of which was confirmed, before the date
of the enactment of such Act.".
SEC. 110. TECHNICAL CORRECTIONS.
The Commodity Exchange Act is amended --
(1) in the third sentence of section 2(a)(1)(B)(iv)(I) (7 U.S.
C. 2a(iv)(I)), by striking out "Securities Exchange Commission"
and inserting in lieu thereof "Securities and Exchange
Commission";
(2) in the fourth full sentence of section 5a(12) (7 U.S.C.
7a(12)), by striking out "particpate" and inserting in lieu
thereof "participate":
(3) in the first sentence of section 9(c) (7 U.S.C. 13(c)), by
striking out "section 4k." and inserting in lieu thereof "section
4k,";
(4) in the first sentence of section 9(d) (7 U.S.C. 13(d)), by
striking out "advance guarantee" and inserting in lieu thereof
"advance guaranty"
(5) by repealing section 11 (7 U.S.C. 14 note);
(6) in the second full sentence of section 17(b)(2) "7 USC 14"
(7 U.S.C. 21(b)(2)), by striking out "with in" and inserting in
lieu thereof "within"; and
(7) in section 17(k)(1) (7 U.S.C. 21(k)(1)), by striking out
"title" and inserting in lieu thereof "section".
SEC. 111. "7 USC 20 note" GAO STUDY OF TRADING IN CATTLE FUTURES
CONTRACTS.
(a) STUDY. -- The Comptroller General of the United States shall
conduct and complete a comprehensive study of the effect of trading in
contracts for the future delivery of live cattle on the cash market
price of live cattle, with particular emphasis on --
(1) whether the reaction of the live cattle futures market to
the results of the milk production termination program in March
1986, conducted under section 201(d)(3) of the Agricultural Act of
1949 (7 U.S.C. 1446(d)(3)), was based on and accurately reflected
the then prevailing conditions of supply and demand;
(2) the effect of the trading in contracts for the future
delivery of live cattle on --
(i) the price relationship between feeder cattle and fed
cattle;
(ii) the price discovery process with respect to live cattle;
and
(iii) price competition within the cattle industry;
(3) the effect of the use of packer contracts, as a means of
obtaining slaughter cattle, on the increase in short hedging in
contracts for the future delivery of live cattle and the effect of this
increase in short hedging on prices in the futures and cash markets;
(4) the effect on the ability of the cash markets to accurately
reflect prevailing conditions of supply and demand if packer contracts
become the prevalent method of marketing fed cattle;
(5) whether the present delivery system for contracts for
the future delivery of live cattle creates any bias (either upward or
downward) in the cash price for cattle;
(6) whether the present delivery system for contracts for the future
delivery of live cattle creates price volatility during the delivery
month; and
(7) whether there are advantages or disadvantages to a cash
settlement system in lieu of the present delivery system in the case of
contracts for the future delivery of live cattle.
(b) REPORTS. --
(1) PRELIMINARY REPORT. -- Not later than January 15, 1987, the
Comptroller General shall submit a preliminary report on the results of
the study required under subsection (a) to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(2) FINAL REPORT. -- Not later than 1 year later after the date of
enactment of this Act, the Comptroller General shall submit to such
committees a detailed final report of the results of the study required
under subsection (a).
SEC. 201. CROSS COMPLIANCE FOR PROCEDURES OF EXTRA LONG STAPLE
COTTON.
Paragraph (16) of section 103(h) of the Agricultural Act of 1949 (7
U.S.C. 1444(h)(16) is amended to read as follows:
"(16)(A) Notwithstanding any other provision of law, except as
provided in subparagraph (B), compliance on a farm with the terms and
conditions of any other commodity program may not be required as a
condition of eligibility for loans or payments under this subsection.
"(B) In the case of each of the 1989 and 1990 crops of extra long
staple cotton, the Secretary may require that, as a condition of
eligibility of producers for loans or payments under this subsection,
the acreage planted for harvest on the farm to any other commodity for
which an acreage limitation program is in effect shall not exceed the
crop acreage base established for the farm for that commodity.
"(C) Notwithstanding any other provision of law, in the case of each
of the 1987 and 1988 crops of extra long staple cotton, compliance with
the terms and conditions of the program authorized by this subsection
may not be required as a condition of eligibility for loans, purchases,
or payments under any other commodity program.".
SEC. 202. BASIS FOR COMPUTATION OF EMERGENCY COMPENSATION UNDER THE
1986 WHEAT PROGRAM.
Section 107D(c)(1)(E)(ii) of the Agricultural Act of 1949 (7 U.S.C.
1445b-3(c)(11 E)(ii)) is amended by striking out "marketing year for
such crop" and inserting in lieu thereof "first 5 months of the
marketing year for the 1986 crop and the marketing year for each of the
1987 through 1990 crops".
SEC. 203. VALENCIA PEANUTS.
Section 108B(4)(A) of Agricultural Act of 1949 (7 U.S.C. 1445c-2(4)(
A)) is amended by inserting after "additional peanuts" the following:
"(other than net gains on additional peanuts in separate type pools
established under paragraph (3)(B)(i) for Valencia peanuts produced in
New Mexico)".
SEC. 204. LOCAL AGRICULTURAL STABILIZATION AND CONVERSATION
COMMITTEES.
The fifth paragraph of section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) (as amended by section 3 of
Public Law 99-253 (100 Stat. 36)) is amended --
(1) by inserting after the third sentence the following new
sentence: "Notwithstanding the preceding sentence, there may be
one local administrative area in any county for which there had
been established less than three local administrative areas as of
December 23, 1985."; and
(2) in the sixth sentence (as it existed before the amendment
made by paragraph (1)), by striking out ": Provided," and all
that follows through the period and inserting in lieu thereof a
period.
SEC. 205. ELIGIBILITY OF CERTAIN LAND UNDER THE CONSERVATION RESERVE
PROGRAM.
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is
amended by adding at the end thereof the following new subsection:
"(f) For purposes of this subtitle, alfalfa and other multiyear
grasses and legumes, in a rotation practice approved by the Secretary,
shall be considered agricultural commodities.".
SEC. 206. "7 USC 2271a note" MARKETING PRACTICES AND TRAINING.
(a) MARKETING PRACTICES of FMHA APPLICANTS AND BORROWERS. --
(1) STUDY. -- The Comptroller General of the United States
shall conduct a study of marketing practices used by applicants
for and borrowers of farm loans made, insured, or guaranteed under
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.). The study shall include an examination of the methods used
by the applicants and borrowers in marketing agricultural
commodities, livestock, and aquacultural products and the extent
to which the applicants and borrowers use advanced marketing
techniques for such sales.
(2) REPORT. -- Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report describing the results of the study conducted under
paragraph (1), together with any appropriate recommendations.
(b) ADVANCED MARKETING TRAINING FOR FARMERS AND RANCHERS. -- The
Secretary of Agriculture may establish a program to train "7 USC 2271a"
farmers and ranchers in advanced techniques for the marketing of
agricultural commodities, livestock, and aquacultural products produced
by such farmers and ranchers, including (where appropriate as determined
by the Secretary) training in the use of futures and options markets.
SEC. 301. SHORT TITLE.
This title may be cited as the "Grain Quality Improvement Act "7 USC
71 note" of 1986".
SEC. 302. DECLARATION OF POLICY.
Section 2 of the United States Grain Standards Act (7 U.S.C. 74) is
amended --
(1) by inserting "(a)" after the section designation; and
(2) by adding at the end thereof the following new subsection:
" (b) It is also declared to be the policy of Congress --
(1) to promote the marketing of grain of high quality to both
domestic and foreign buyers;
"(2) that the primary objective of the official United States
standards for grain is to certify the quality of grain as
accurately as practicable; and
(3) that official United States standards for grain shall --
"( A) define uniform and accepted descriptive terms to
facilitate trade in grain;
"(B) provide information to aid in determining grain
storability;
"(C) offer users of such standards the best possible
information from which to determine end-product yield and quality
of grain; and
"(D) provide the framework necessary for markets to establish
grain quality improvement incentives.".
SEC. 303. FOREIGN MATERIAL RECOMBINATION.
(a) PROHIBITED ACT. -- Section 13 of the United States Grain
Standards Act (7 U.S.C. 87b) is amended by adding at the end thereof the
following new subsection:
"(d)(1) Subject to paragraphs (2) and (3), to ensure the quality of
grain marketed in or exported from the United States --
"(A) no dockage or foreign material, as defined by the
Secretary, once removed from grain shall be recombined with any
grain; and
"(B) no dockage or foreign material of any origin may be added
to any grain.
"(2) Nothing in paragraph (1) shall be construed to prohibit --
"(A) the treatment of grain to suppress, destroy, or prevent
insects and fungi injurious to stored grain;
"(B) the marketing, domestically or for export, of dockage or
foreign material removed from grain if such dockage or foreign
material is marketed --
"(i) separately and uncombined with any such whole grain;
"(ii) in pelletized form; or
"(iii) as part of a processed ration for livestock, poultry, or
fish;
"(C) the blending of grain with similar grain of a different quality
to adjust the quality of the resulting mixture;
"(D) the recombination of broken corn or broken kernels, as defined
by the Administrator, with grain of the type from which the broken corn
or broken kernels were derived;
"(E) effective for the period ending December 31, 1987, the
recombination of dockage or foreign material, except dust, removed at an
export loading facility from grain destined for shipment as a cargo
under one export official certificate of inspection if --
"(i) the recombination occurs during the loading of the cargo;
"(ii) the purpose is to ensure uniformity of dockage or foreign
material throughout that specific cargo; and
"(iii) the separation and recombination are conducted in
accordance with regulations issued by the Administrator; or
"(F) the addition to grain of a dust suppressant, or the addition of
confetti or any other similar material that serves the same purpose in a
quantity necessary to facilitate identification of ownership or origin
of a particular lot of grain.
"(3)(A) The Secretary may, by regulation, exempt from paragraph (1)
the last handling of grain in the final sale and shipment of such grain
to a domestic user or processor if such exemption is determined by the
Secretary to be in the best economic interest of producers, grain
merchants, the industry involved, and the public,
"(B) Grain sold under an exemption authorized by this paragraph shall
be consumed or processed into one or more products by the purchaser, but
may not be resold into commercial channels for such grain or blended
with other grain for resale. Neither products nor byproducts derived
therefrom (except vegetable oils as defined by the Secretary and used as
dust suppressant) shall be blended with or added to grain in commercial
channels.".
(b) EFFECTIVE DATE. -- The amendments made by this section "7 USC
87b note" shall become effective on May 1, 1987.
SEC. 304. INSECT INFESTATION.
Not later than 6 months after the date of enactment of this Act, "7
USC 76 note" the Administrator of the Federal Grain Inspection Service
shall issue a final rule that revises grain inspection procedures and
standards established under the United States Grain Standards Act (7 U.
S.C. 71 et seq.) to more accurately reflect levels of insect
infestation.
SEC. 305. STUDY OF PREMIUMS FOR HIGH-QUALITY GRAIN.
(a) STUDY. -- After public comment from and in consultation with
grain producers, grain merchants, grain processors, and grain exporters,
the Sectetary of Agriculture shall conduct a study of the feasibility
and appropriateness of adjusting Commodity Credit Corporation grain
premium and discount schedules --
(1) to encourage the delivery, storage, and export of
high-quality, clean grain; and
(2) to offer incentives to minimize the quantity of moisture,
foreign material, dockage, shrunken and broken kernels, and
damaged kernels in lots of grain pledged as collateral for
Commodity Credit Corporation loans or in grain owned by the
Commodity Credit Corporation.
(b) REPORT. -- Not later than 180 days after the date of enactment
of this Act, the Secretary shall transmit a report describing the
results of the study required under subsection (a), together with
recommendations, to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
SEC. 306. REVIEW OF OPTIMAL GRADE PROPOSAL.
(a) NOTICE AND COMMENT. -- To evaluate the effects of moving to an
optimal grain grading system, the Administrator of the Federal Grain
Insepction Service shall --
(1) publish in the Federal Register a detailed description of
the proposals contained in H.R. 5354, 99th Congress, the Optimal
Grain Grading Act of 1986; and
(2) solicit public comment, during a period of not less than 60
days on --
(A) the optimal grain grading system as proposed in H.R. 5354;
and
(B) the general objective of improving grain quality by
revising the offical United States grain standards to provide
greater economic incentives for production and sale of
high-quality grain.
(b) REPORT. -- The Administrator shall report to Congress, by May,
1987, on the comments received and on the recommendations of the
Administrator with respect to the matters on which comments were
solicited.
SEC. 307. "7 USC 76 note" STUDY OF UNIFORM END-USE VALUE TESTS.
(a) STUDY. -- The Secretary of Agriculture shall direct the Federal
Grain Inspection Service and the Agricultural Research Service to
conduct a study of the need for and availability of uniform end-use
value tests for grain. The study shall include the following:
(1) A survey of domestic and foreign buyers of grain to
identify the information about grain characteristics that would be
most useful to such buyers. The survey shall take into account
those factors that buyers specify in contracts, test for, measure,
or would measure if tests were available, including --
(A) the starch, oil, and protein content, breakage
susceptibility, and individual kernel moisture of corn;
(B) the baking characteristics, protein content, gluten content
and quality, and milling hardness of wheat; and
(C) the protein, oil, and free-fatty-acid content of soybeans.
(2) A review of the development and availability of tests for
the characteristics identified in the survey conducted under
paragraph (1), including an evaluation of the costs of providing
such tests.
(b) END-USE TESTS. --
(1) ONGOING REVIEW. -- The Secretary of Agriculture shall
direct the Federal Grain Inspection Service and the Agricultural
Research Service to maintain an ongoing review to determine the
end-use tests that are of economic value to buyers, and the
availability and costs of such tests.
(2) REVISION OF PROCEDURES. -- The Administrator of the
Federal Grain Inspection Service, to the extent practicable, shall
revise official grain inspection and certification procedures to
include within official inspection (as defined in section 3(i) of
the United States Grain Standards Act (7 U.S.C. 75(i))) those
tests that are identified under the study conducted under
subsection (a) as useful, available, and economically feasible.
(c) REPORTS. --
(1) STUDY AND REVISION OF PROCEDURES. -- Not later than 1 year
after the date of enactment of this Act, the Administrator of the
Federal Grain Inspection Service shall submit a report to Congress
setting forth the results of the study conducted under subsection
(a) and actions taken under subsection (b)(2).
(2) ONGOING REVIEW. -- The Administrator shall report yearly
to Congress on the ongoing review conducted under subsection (b)(
1).
SEC. 401. SHORT TITLE.
This title may be cited as the "Processed Products Inspection
Improvement Act of 1986".
SEC. 402. "21 USC 601 note" PURPOSE.
The amendments made by this title are in furtherance of the findings
made by Congress in section 2 of the Federal Meat Inspection Act (21 U.
S.C. 602).
SEC. 403. AMENDMENTS TO FEDERAL MEANT INSPECTION ACT.
(a) MANNER AND FREQUENCY OF INSPECTION. -- Effective only during the
6-year period beginning on the date of enactment of this Act, section 6
of the Federal Meat Inspection Act (21 U.S.C. 606) is amended by
striking out "That for the purposes" and all that follows through
"Provided, That" and inserting in lieu thereof the following:
"(a)(1) For the purposes set forth in the preceding provisions of
this Act, the Secretary shall cause to be made, by inspectors appointed
for that purpose, an examination and inspection of meat food products
prepared for commerce in any slaughtering, meat-canning, salting,
packing, rendering, or similar establishment.
"(2) Such examination and inspection shall be conducted with such
frequency and in such manner as the Secretary considers necessary, as
provided in rules and regulations issued by the Secretary, taking into
account such factors as the Secretary considers to be appropriate,
including --
"(A) the nature and frequency of the processing operations at
such establishment;
"(B) the adequacy and reliability of the processing controls
and sanitary procedures as such establishment; and
"(C) the history of compliance with inspection requirements in
effect under this Act, by the operator of such establishment or
anyone responsibly connected with the business (as described in
section 401(g)) that operates such establishment.
"(b)(1) All such products found by any of such inspectors and by the
operator of such establishment to be not adulterated shall be marked,
stamped, tagged, or labeled as 'Inspected and passed'.
"(2) All such products found by any of such inspectors or by the
operator of such establishment to be adulterated shall be marked,
stamped, tagged, or labeled as 'Inspected and condemned'. Each such
condemned product shall be destroyed for human food purposes. The
Secretary may suspend inspection at, and remove inspectors from, any
establishment that fails to so condemn adulterated meat food products or
fails to so destroy condemned meat food products.
"(c) For purposes of any examination and inspection, such inspectors
shall have access to every part of an establishment at all times, by day
or night, and without regard to whether such establishment is operated.
"(d) Notwith standing the preceding provisions of this section, .
(b) ENFORCEMENT METHODS. -- Effective only during the 6-year period
beginning on the date of enactment of this Act, section 401 of the
Federal Meat Inspection Act (21 U.S.C. 671) is amended --
(1) by inserting "(a)" after the section designation;
(2) in the first sentence --
(A) by striking out "applicant, for" and inserting in lieu
thereof "applicant for";
(B) by striking out "any felony, or (2)"; and
(C) by inserting before the period at the end thereof "or
7 (2) any felony";
(3) in the second sentence --
(A) by indenting the first word so as to create a new
paragraph; and
(B) by inserting "(f)" before the first word;
(4) by inserting "(g)" before the first word of the third
sentence;
(5) in the fourth sentence --
(A) by striking out "The" and inserting in lieu thereof "(h)
Except as provided in subsection (e)(2), the"; and
(B) by striking out "this section" and inserting in lieu
thereof "subsection (e)"; and
(6) by inserting after subsection (a), as so designated by
paragraph (1) of this subsection, the followihg new subsections;
"(b)(1) On the request of the Secretary at the time of the sentencing
of an individual who is a person responsibly connected with any business
requiring inspection under title I and who is convicted of a felony
involving --
"(A) the intentional adulteration of food (except as defined in
section 1(m)(8)); "21 USC 601,"
"(B) the adulteration of food, as defined in section 1(m)(8),
with intent to defraud;
"(C) bribery; or
"(D) extortion;
the sentencing court shall issue a temporary order forbidding such
individual to exercise operational control of, or to be physically
present at any establishment requiring inspection under title I if "21
USC 601" the court finds that the exercise of operational control by, or
the presence of, such individual at any such establishment either poses
a direct and substantial threat to the public health or safety or, if
such individual is convicted of a felony described in subparagraph (B),
poses a clear likelihood of significant economic harm to consumers.
"(2) Such order shall terminate --
"(A) whenever the Secretary determines by order, after a
hearing on the record, whether such individual should exercise
operational control of, or be physically present at, any
establishment requiring inspection under title I, and judicial
review, if "21 USC 601" any, of such determination is completed;
or
"(B) 90 days after the issuance of such temporary order by the
court if the Secretary does not commence such hearing before the
expiration of such 90 days;
whichever occurs earlier.
"(c) Any determination and order of the Secretary issued under
subsection (a) or (b) shall be conclusive and enforceable unless the
affected applicant for, or recipient of, inspection service or the
affected individual files, not later than 30 days after the effective
date of such order, a petition for review of such order in the United
States Court of Appeals for the District of Columbia Circuit or the
court of appeals for the circuit in which the relevant establishment is
doing business. Judicial review of such order shall be on the record on
which the determination and order are based.
"(d)(1) Subject to paragraph (3), the Secretary may commence a civil
action in an appropriate court, as provided in section 404, to withdraw
inspection service under title I with respect to any establishment or to
prevent any individual responsibly connected "21 USC 674" with any
business requiring inspection under title I from exercising "21 USC 601"
operational control of, or being present at, any establishment requiring
inspection under title I.
"(2) If the court finds, on the basis of clear and convincing
evidence, that the recipient of inspection service or such individual
has repeatedly failed to comply with the requirements of this Act, or
the rules and regulations issued under this Act, in a manner that poses
a direct and substantial threat to the public health or safety, the
court shall issue an order --
"(A) withdrawing inspection at such establishment; or
"(B) forbidding such individual to exercise operational control
of, or to be physically present at, such establishment,
for such period as the court determines is necessary to carry out the
purposes of this Act.
"(3) No less than 90 days, and not more than 450 days, before
commencing a civil action under paragraph (1), the Secretary shall
provide to each recipient of inspection service, and each individual
responsibly connected with the business, with respect to which such
action is commenced, a written notice that includes --
"(A) a statement that the Secretary intends to commence such
action;
"(B) a comprehensive description of the violations of this Act
and the regulations issued under this Act alleged by the
Secretary; and
"(C) a description of the actions the Secretary considers
necessary to be taken by such recipient or such individual to
comply with this Act and to eliminate the need to commence such
civil action.
"(e)(1) The Secretary may temporarily withdraw inspection service
under title I with respect to any establishment for such period as "21
USC 601" is necessary to ensure the safe and effective performance of
official duties under this Act if the Secretary determines, after an
opportunity for a hearing on the record, that an officer, employee, or
agent of such establishment --
"(A) threatened to forcibly assault;
"(B) forcibly assaulted;
"(C) forcibly intimidated; or
"(D) forcibly interfered with,
an employee of the United States engaged in, or on account of, the
performance of any of such official duties.
"(2)(A) Notwithstanding paragraph (1), the Secretary may temporarily
suspend inspection service under title I with respect to any "21 USC
601" establishment, pending an expedited administrative hearing on the
record and judicial review of the order of the Secretary based on such
record, if the Secretary determines that temporary suspension of such
inspection service is necessary for the safety of any employee who
performs official duties under this Act.
"(B) If the Secretary receives, before or after temporarily
suspending such inspection service in accordance with subparagraph (A),
adequate written assurances from the recipient of inspection service, or
the individuals involved, that the conduct or circumstances that
threatened the safety of such employee will not continue or recur, the
Secretary may continue or restore such inspection service on condition
that such assurances are fulfilled.".
(c) WARNING; REPORTING OF VIOLATIONS. -- Effective only during the
6-year period beginning on the date of enactment of this Act, section
406 of the Federal Meat Inspection Act (21 U.S.C. 676) is amended --
(1) in subsection (b), by adding at the end thereof the
following new sentence: "In determining whether the public
interest could be adequately served by a written notice of
warning, the Secretary shall take into account, among other
factors --
"(1) the compliance history of such establishment;
"(2) the magnitude of the violation;
"(3) whether compliance with this Act would likely be obtained
as a result of such notice; and
"(4) whether such violation is of a minor or technical
nature."; and
(2) by adding at the end thereof the following new subsection;
"(c) Unless the Secretary by regulation provides otherwise, before
any violation of this Act is reported by the Secretary for prosecution
in a criminal proceeding, the Secretary shall give there person alleged
to have committed such violation --
"(1) resonable notice that the Secretary intends to report such
violation for prosecution; and
"(2) an opportunity to present to the Secretary, orally or in
writing, views with respect to such proceeding.".
(d) FONFORMING AMENDMENTS. --
(1) NIGHTIME. -- Effective only during the 6-year period
beginning on the date of enactment of this Act, section 9 of the
Federal Meat Inspection Act (21 U.S.C. 609) is amended by
inserting ", except as provided in section 6," after "equines,
and" and first place it appears.
(2) ADMINISTRATION. -- Effective only during the 6-year period
beginning on the date of enactment of this Act, section 21 of the
Federal Meat Inspection Act (21 U.S.C. 621) is amended by striking
out "and meat food products" and inserting in lieu thereof
"thereof, and of meat food products".
(e) CONSTRUCTION OF AMENDMENTS. -- The amendments made by this
section shall not be construed to authorize the Secretary of Agriculture
to refuse to provide inspection under the Federal Meat Inspection Act
"21 USC 606 note" (21 U.S.C. 601 et seq.) at an establishment solely
because such establishment does not participate in a total plant
quality-control program.
SEC. 404. "21 USC 606 note" SAVINGS PROVISION.
The expiration date provisions of section 403 shall not have the
effect of releasing or extinguishing any penalty, forfeiture, or
liability incurred under the Federal Meat Inspection Act (21 U.S.C. 601
et seq.), as amended by section 403, or under the rules or regulations
issued under such Act.
SEC. 405. "21 USC 606 note" SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of Agriculture should
--
(1) carry out a program to detect residues in livestock that
are subject to inspection under title I of the Federal Meal
Inspection Act (21 U.S.C. 601 et seq.); and
(2) evaluate the feasibility of, and develop, a program that
would enable the Secretary to trace any particular livestock that
are subject to inspection under title I of the Federal Meat
Inspection Act, in order to identify the producer of such
livestock.
SEC. 406. "21 USC 606 note" ANNUAL REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Agriculture shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculutre, Nutrition, and Forestry of the Senate a report
describing --
(1) any action proposed or taken by the Secretary to implement
the amendments made by section 403;
(2) any action proposed or taken by the Secretary to carry out
a program to detect residues in livestock that are subject to
inspection under title I of the Federal Meat Inspection Act (21
U.S.C. 601 et seq.);
(3) any action proposed or taken by the Secretary to evaluate
the feasibility of, and develop, a program that would enable the
Secretary to trace any particular livestock that are subject to
inspection under such title, in order to identify the producer of
such livestock; and
(4) any personnel action proposed or taken by the Secretary as
a result of the amendments made by section 403 and any effort made
by the Secretary to minimize any adverse economic effect of such
amendments on employees of the Department of Agriculture.
SEC. 407. "21 USC 606 note" CONGRESSIONAL REEVALUATION.
It is the sense of Congress that, not later than 6 years after the
date of the enactment of this Act, Congress shall --
(1) evaluate the operation and effects of the amendments made
by section 403, for the purpose of determining whether to extend
or modify the operation of such amendments; and
(2) enact such legislation as may be necessary to efficiently
and effectively carry out the Federal Meat Inspection Act (21 U.
S.C. 601 et seq.).
SEC. 408. "21 USC 606 note" EFFECTIVE DATE; APPLICATION OF
AMENDMENTS.
(a) GENERAL EFFECTIVE DATE. -- Except as provided in subsection (b)
of this section, this title and the amendments made by this title shall
become effective on the date of the enactment of this Act.
(b) TEMPROARY APPLICATION OF EXISTING LAW. -- Sections 6, 9, and 21
of the Federal Meat Inspection Act (21 U.S.C. 606, 609, and 621), as in
effect immediately before the date of the enactment of this Act, shall
apply with respect to establishments until the Secretary of Agriculture
first issues rules and regulations to implement the amendments made by
section 403(a).
Approved November 10, 1986.
LEGISLATIVE HISTORY -- H.R. 4613 (S. 2045)
HOUSE REPORTS: No. 99-624 (Comm. on Agriculture) and No. 99-995
(Comm. of Conference).
SENATE REPORTS: No. 99-291 accompanying S. 2045 (Comm. on
Agriculture, Nutrition and Forestry).
CONGRESSIONAL RECORD, Vol. 132 (1986): July 16, considered and
passed House. Sept. 24, Oct. 6, S. 2045 considered in Senate;
proceedings vacated and H.R. 4613, amended passed in lieu. Oct. 15,
House rejected conference report; concurred in Senate amendment with an
amendment. Oct. 17, Senate concurred in House amendment.
Public Law 99-640, 100 Stat. 3545
Be it enacted py the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Coast Guard Authorization Act of 1986".
SEC. 2. Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for fiscal year 1987, as follows:
1) For the operations and maintenance of the Coast Guard,
$1,862,800,000, of which not more than $20,000,000 may be made
available to the Commandant of the Coast Guard for discretionary
use in meeting unanticipated demands and needs for Coast Guard
operation and maintenance; and for increases in salary, pay, and
other employee benefits authorized by law, such sums as may be
necessary.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto, $267,000,000, to
remain available until expended.
(3) For research, development, test, and evaluation,
$20,000,000, to remain available until expended.
(4) For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for this
purpose, and payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and for payments for
medical care of retired personnel and their dependents under the
Dependents' Medical Care Act, "10 USC 1071-1085, 3687 note"
$364,000,000.
(5) If funds are appropriated to any other officer of the
United States for carrying out the purposes described in
paragraphs (1) through (4) of this section, such officer may
transfer to the Secretary of the department in which the Coast
Guard is operating the full amount of such funds. Such funds
shall be allocated by the Secretary to such purposes.
SEC. 3. (a) For fiscal year 1987, the Coast Guard is authorized an
end-of-year strength for active duty personnel of 39,200. The
authorized strength does not include members of the Ready Reserve called
to active duty under the authority of section 712 of title 14, United
States Code.
(b) For fiscal year 1987, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, 3,200 student-years.
(2) For flight training, 110 student-years.
(3) For professional training in military and civilian
institutions, 441 student-years.
(4) For officer acquisition, 925 student-years.
SEC. 4. (a) Whenever the Secretary of the department in which the
Coast Guard is operating determines it to be in the national interest,
the Secretary may transfer not to exceed 5 percent of the funds
appropriated for the purposes described in section 2(2) of this Act to
the Commandant at the Coast Guard for discretionary use in meeting
unanticipated demands and needs for Coast Guard operations and
maintenance under section 2(1) of this Act.
(b) No transfer of funds may occur under subsection (a) of this
section until 15 days after the Secretary has provided written
notification to the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Merchant Marine and Fisheries of the
House of Representatives, and the Appropriations Committees of the
Senate and House of Representatives stating the reasons for such
determination and a description of the purposes for which the funds
proposed to be transferred will be used.
SEC. 5. (a)(1) "10 USC 2304 note" It is in the national interest for
the Coast Guard to maintain a logistics capability (including personnel,
equipment, and facilities) to provide a ready and controlled source of
technical competence and resources necessary to ensure the effective and
timely performance of Coast Guard missions in behalf of the security,
safety, and economic and environmental well-being of the United States.
(2)(A) The Secretary of the department in which the Coast Guard is
operating shall identify those Coast Guard activities that are necessary
to maintain the logistics capability described in paragraph (1) of this
subsection. The Secretary shall provide a list of such activities to
the Committee on Commerce, Science, and Transportation of the Senate and
to the Committee on Merchant Marine and Fisheries of the House of
Representatives not later than January 31, 1987. If the Secretary does
not provide such list by that date, no activity performed by Coast Guard
personnel may be contracted for performance by non-government personnel
after such date until the list is provided to such committees.
(B) The list submitted by the Secretary under this paragraph shall
not include --
(i) any activity that is being performed under contract by
non-government personnel on the date of enactment of this Act; or
(ii) any activity for which Congress received, prior to April
1, 1986, a written notification pursuant to section 14(b)(2) of
the Coast Guard Authorization Act of 1984 (Public Law 98-557; 98
Stat. 2864) of intent to contract.
(b)(1) Except as provided in paragraph (2) of this subsection,
performance of an activity identified by the Secretary under subsection
(a)(2) of this section may not be contracted for performance by
non-government personnel.
(2) The Secretary may waive paragraph (1) of this subsection with
respect to any Coast Guard activity (other than an activity described in
subsection (d) of this section), if the Secretary determines that the
performance of such activity by Government personnel is no longer
necessary to ensure the effective and timely performance of Coast Guard
missions.
(3) A waiver under paragraph (2) of this subsection may not take
effect until a period of 30 days in which either the Senate or House of
Representatives is in session has expired after the Secretary has
submitted in writing to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on Merchant Marine and
Fisheries of the House of Representatives a full and complete statement
concerning the waiver and the reasons therefor.
(c) Before the beginning of fiscal year 1987, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Merchant Marine and Fisheries of the
House of Representatives a list of Coast Guard activities that are to be
considered for performance by contract by non-Government personnel under
the procedures of Office of Management and Budget Circular A-76 during
that fiscal year.
(d)(1) Notwithstanding any other provision of law, each contract
awarded by the Coast Guard in fiscal year 1987 for construction or
services to be performed in whole or in part in a State which has an
unemployment rate in excess of the national average rate of unemployment
(as determined by the Secretary of Labor) shall include a provision
requiring the contractor to employ, for the purpose of performing that
portion of the contract in that State, individuals who are local
residents and who, in the case of any craft or trade, possess or would
be able to acquire promptly the necessary skills. The Secretary of the
department in which the Coast Guard is operating may waive the
requirements of this subsection in the interest of national security or
economic efficiency.
(2) As used in this subsection, the term "local resident" means an
individual within daily commuting distance even if not a resident of the
State which has an unemployment rate in excess of the national average
rate of unemployment (as determined by the Secretary of Labor), in
accordance with paragraph (1) of this subsection.
SEC. 6. Section 2 of title 14, United States Code, is amended by
inserting immediately before the period at the end thereof the
following: ", including the fulfillment of Maritime Defense Zone
command responsibilities."
SEC. 7. (a) Section 9503(c)(4) of title 26, United States Code, is
amended --
(1) in subparagraph (A), by striking "45,000,000" each place it
appears and inserting in lieu thereof "60,000,000" for Fiscal Year
1987 only and $45,000,000 for each Fiscal Year thereafter;" and
(2) by adding at the end thereof the following:
"(E) DETERMINATION. -- The amount of payments made under this
paragraph after October 1, 1986 shall be determined by the
Secretary in accordance with the methodology described in the
Treasury Department's Report to Congress of June 1986 entitled
'Gasoline Excise Tax Revenues Attributable to Fuel Used in
Recreational Motorboats.' Further, a portion of the payments made
by the Secretary from Fiscal Year 1987 motorfuel excise tax
receipts shall be used to increase the funding for boating safety
programs during Fiscal Year 1987 only."
(b) Section 13106(c) of title 46, United States Code, is amended by
striking "one-third" and inserting in lieu thereof "one-half for Fiscal
Year 1987 and one-third for each Fiscal Year thereafter."
(c) Section 13106(a) "46 USC 13103 note" of title 46, United States
Code, is amended by striking "two-thirds" and inserting in lieu thereof
"one-half for Fiscal Year 1987 and two-thirds for each Fiscal Year
thereafter".
(d) Before making any allocation under this section for a fiscal
year, the Secretary shall retain not less than one percent nor more than
two percent of the amount appropriated for that year for State
recreational boating safety programs for the payment of costs of
administration of this chapter.
SEC. 8. Section 830 of title 14, United States Code, is amended --
(1) by inserting "(a)" before "Appropriations"; and
(2) by adding at the end thereof the following:
"(b) The Secretary may pay interest on a claim under this section in
any case in which a payment authorized under this section is not made
within 60 days after the submission of the claim in a manner prescribed
by the Secretary. The rate of interest for purposes of this section "26
USC 6621" shall be the annual rate established under section 6621 of the
Internal Revenue Code of 1954.".
SEC. 9. "14 USC 821 note" (a) It is the sense of the Congress that
the Coast Guard Auxiliary performs a broad range of services in behalf
of the safety and security of the American people, and that the
continued strength and vitality of the Coast Guard Auxiliary is
important to the United States.
(b)(1) The Secretary of Transportation shall investigate and submit
to the Congress a report within 1 year after the date of enactment of
this Act regarding --
(A) the extent to which membership of the Coast Guard Auxiliary
has declined in recent years and the causes of such decline;
(B) the effect, if any, on the maritime community of any such
decline in the performance levels of the Coast Guard Auxiliary in
the areas of life-saving, assistance to persons in distress,
safety patrols and inspections, and support missions for the Coast
Guard; and
(C) the effect, if any, of the Coast Guard's non-emergency
assistance policy on the overall effectiveness of the Coast Guard
Auxiliary.
(2) The report submitted by the Secretary under this section shall
include such recommendations for legislative and administrative action
as the Secretary considers appropriate to achieve and maintain the Coast
Guard Auxiliary at its optimum strength.
SEC. 10. (a)(1) The analysis of parts, before section 1 of title 14,
United States Code, is amended by striking
"II. Coast Guard Reserve and Auxiliary . . 751" and inserting in
lieu thereof
"II. Coast Guard Reserve and Auxiliary . . 701".
(2) The analysis of chapters of part II of title 14, United States
Code, is amended by striking
"21. Coast Guard Reserve . . . . . . . . . . 751" and inserting in
lieu thereof
"21. Coast Guard Reserve . . . . . . . . . . 701".
(3) Section 82 of title 14, United States Code, is amended by
striking "Federal Aviation Act of 1958, as amended (49 U.S.C. 1301 et
seq.)" and inserting in lieu thereof "Federal Aviation Act of 1958 (49
App. U.S.C. 1301 et seq.)".
(4) Section 91 of title 14, United States Code, is amended to read as
follows:
"Section 91. Safety of naval vessels
"(a) The Secretary may control the anchorage and movement of any
vessel in the navigable waters of the United States to ensure the safety
or security of any United States naval vessel in those waters.
"(b) If the Secretary does not exercise the authority in subsection
(a) of this section and immediate action is required, the senior naval
officer present in command may control the anchorage or movement of any
vessel in the navigable waters of the United States to ensure the safety
and security of any United States naval vessel under the officer's
command.
"(c) If a person violates, or a vessel is operated in violation of,
this section or a regulation or order issued under this section, the
person or vessel is subject to the enforcement provisions in section 13
of the Ports and Waterways Safety Act (33 U.S.C. 1232).".
(5) Section 146 of title 14, United States Code, is amended by
striking "Postmaster General" and inserting in lieu thereof "United
States Postal Service".
(6)(A) Sections 431, 433, 434, and 438 of title 14, United States
Code, are repealed, except that the repeal of such sections shall not
affect rights and duties that matured, penalties that were incurred, and
proceedings that were begun under such sections before the date of
enactment of this Act.
(B) The analysis of chapter 11 of title 14, United States Code, is
amended by striking the items relating to sections 431, 433, 434, and
438.
(7) Section 432(g) of title 14, United States Code, is amended --
(A) by inserting "(1)" immediately after "(g)"; and
(B) by striking the last paragraph and inserting in lieu
thereof the following:
"(2) The additional compensation authorized by this subsection shall
be included in any computation of compensation under section 6 of the
Act of June 20, 1918 (33 U.S.C. 763).".
(8) Section 829 of title 14, United States Code, is amended by
striking "Section" and inserting in lieu thereof "section".
(9) The first section of the Act entitled "An Act to require
authorization for certain appropriations for the Coast Guard, and for
other purposes", approved June 21, 1963 (77 Stat. 68; 14 U.S.C. 92,
note), is repealed.
(b)(1) Section 2101(11b) of title 46, United States Code, is amended
by inserting "freezing," immediately after "icing,".
(2)(A) Chapter 75 of title 46, United States Code, is amended by
adding at the end the following new section:
"Section 7504. "46 USC 7504" Travel and expense reimbursement
"When a requirement to qualify for the issuance of, or endorsement
on, a certificate, license, or document under this part is administered
at a place at the request of an applicant or an applicant's
representative, the applicant or representative may reimburse the
Secretary for the travel and subsistence expenses incurred by the
personnel assigned to perform the administration of the requirement.
Amounts received as reimbursement under this section shall be credited
to the appropriation for operating expenses of the Coast Guard.".
(B) The analysis of chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
"7504. Travel and expense reimbursement.".
(3) Section 10101 (1) and (3) of title 46, United States Code, is
amended by striking "owned by a citizen of the United States".
(4) Sections 10313(e) and (h), 10314(e), 10504(a), and 10505(d) of
title 46, United States Code, are amended by striking the last sentence.
(5) Section 10504(d)(3) of title 46, United States Code, is amended
by striking "(except a vessel taking oysters)".
SEC. 11. (a) Section 2101 of title 46, United States Code, is
amended by inserting immediately after paragraph (15) the following:
"(15a) 'mobile offshore drilling unit' means a vessel capable
of engaging in drilling operations for the exploration or
exploitation of subsea resources.".
(b) Section 8101(a) of title 46, United States Code, is amended to
read as follows:
"(a) The certificate of inspection issued to a vessel under part B of
"42 USC 3101" this subtitle shall state the complement of licensed
individuals and crew (including lifeboatmen) considered by the Secretary
to be necessary for safe operation. A manning requirement imposed on --
"(1) a sailing school vessel shall consider the participation
of sailing school instructors and sailing school students in the
operation of that vessel; and
"(2) a mobile offshore drilling unit shall consider the
specialized nature of the unit.".
(c) Section 8701(a) of title 46, United States Code, is amended --
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following:
"(8) a mobile offshore drilling unit with respect to
individuals, other than crew members required by the certificate
of inspection, engaged on board the unit for the sole purpose of
carrying out the industrial business or function of the unit.".
(d) Section 8301(c) of title 46, United States Code, is amended by
inserting ", a mobile offshore drilling unit when on location,"
immediately after "vessel".
SEC. 12. (a) Section 8904 of title 46, United States Code, is
amended --
(1) by inserting "(a)" immediately before "A towing"; and
(2) adding at the end thereof the following:
"(b) A vessel that tows a disabled vessel for consideration shall be
operated by an individual licensed by the Secretary to operate that type
of vessel in the particular geographic area, under prescribed
regulations.".
(b) The amendments made by subsection (a) of this section "46 USC
8904 note" shall take effect on January 1, 1988.
SEC. 13. (a) Whenever a vessel is forfeited to the United States,
the vessel may be donated, in accordance with procedures under the
Federal Property and Administrative Service Act of 1949 "40 USC 484d"
(40 U.S.C. 471 et seq.), to an educational institution with a commercial
fishing vessel safety program or other vessel safety, education and
training program, if the institution has certified to the Federal
officer referred to in subsection (b) of this section that the program
includes at a minimum the following courses in vessel safety:
(1) vessel stability;
(2) firefighting;
(3) shipboard first aid;
(4) marine safety and survival; and
(5) seamanship rules of the road.
(b) The donation of a vessel under this section shall be made on
terms and conditions considered appropriate by the Federal officer
making such donation, including requirements that --
(1) the educational institution must accept the vessel as is,
where it is, and without warranty of any kind and without any
representation as to its condition or suitability for use.
(2) the educational institution shall be responsible for
maintaining the vessel;
(3) the vessel shall be used only for instructing students in
vessel safety education and training programs;
(4) if the vessel is eligible to be documented, it must be
documented by the educational institution as a vessel of the
United States under chapter 121 of title 46, United States Code,
and the requirements of paragraph (5) of this subsection "46 USC
12101 et seq." shall be noted on the permanent record of the
vessel;
(5) the educational institution must obtain the prior approval
of the Administrator of General Services before disposing of the
vessel, and any proceeds from the disposal of the vessel shall be
payable to the United States Government; and
(6) the vessel shall be inspected or regulated in the same
manner as a nautical school vessel under chapter 33 of title 46,
"46 USC 3301 et seq." United States Code.
(c) The United States shall not be liable in an action arising out of
the transfer or use of a vessel that has been transferred under this
section.
(d) Section 210(17) of title 46, United States Code, is amended by
inserting immediately before the period the following: "or an
educational institution under section 13 of the Coast Guard
Authorization Act of 1986".
(e) Section 3305(c) of title 46, United States Code, is amended by
inserting immediately after "school" the second place it appears the
following: "or by an educational institution under section 13 of the
Coast Guard Authorization Act of 1986".
SEC. 14. Notwithstanding any other provision of law, no training or
course of instruction may be provided by the Coast Guard to employees of
the government or to members of the armed services of the Republic of
South Africa during fiscal year 1987.
SEC. 15. "14 USC 663 note" The Secretary of the department in which
the Coast Guard is operating shall provide detailed reports to Congress
concerning the status of design and construction plans for the
procurement of at least two new polar icebreaking vessels. Such reports
shall be included in the Cutter Plan required annually by section 663 of
title 14, United States Code, and shall be submitted each year until at
least two new polar icebreaking vessels have been delivered to the Coast
Guard.
SEC. 16. Section 4102 of title 46, United States Code, is amended by
adding at the end thereof the following:
"(e) Each uninspected fishing, fish processing, or fish tender vessel
operating on the high seas shall be equipped with the number and type of
emergency position indicating radio beacons prescribed by regulation.".
SEC. 17. The Act entitled "An Act to facilitate increased
enforcement by the Coast Guard of laws relating to the importation of
controlled substances, and for other purposes", approved September 15,
1980 (Public Law 96-350; 94 Stat. 1159) "21 USC 955a-955d" is amended
by striking everything immediately after the enacting clause and
inserting in lieu thereof the following:
"That this Act "46 USC app. 1901" may be cited as the 'Maritime Drug
Law Enforcement Act'.
"SEC. 2. The Congress finds and declares that trafficking in
controlled substances aboard vessels is a serious international problem
and is universally condemned. Moreover, such trafficking presents a "46
USC app. 1902" specific threat to the security and societal well-being
of the United States.
"SEC. 3. (a) "46 USC app. 1903" It is unlawful for any person on
board a vessel of the United States, or on board a vessel subject to the
jurisdiction of the United States, to knowingly or intentionally
manufacture or distribute, or to possess with intent to manufacture or
distribute, a controlled substance.
"(b) For purposes of this section, a 'vessel of the United States'
means --
"(1) a vessel documented under chapter 121 of title 46, United
States Code, or a vessel numbered as provided in chapter 123 of
that title; "46 USC 12101 et seq."
"(2) a vessel owned in whole or part by -- "46 USC 12301 et
seq."
"(A) the United States or a territory, commenwealth, or
possession of the United States;
"(B) a State or political subdivision thereof;
"(C) a citizen or national of the United States; or
"(D) a corporation created under the laws of the United States
or any State, the District of Columbia, or any territory,
commonwealth, or possession of the United States;
unless the vessel has been granted the nationality of a foreign
nation in accordance with article 5 of the 1958 Convention on the
High Seas; and "13 UST 2312"
"(3) a vessel that was once documented under the laws of the
United States and, in violation of the laws of the United States,
was either sold to a person not a citizen of the United States or
placed under foreign registry or a foreign flag, whether or not
the vessel has been granted the nationality of a foreign nation.
"(c)(1) For purposes of this section, a 'vessel subject to the
jurisdiction of the United States' includes --
"(A) a vessel without nationality;
"(B) a vessel assimilated to a vessel without nationality, in
accordance with paragraph (2) of article 6 of the 1958 Convention
on the High Seas;
"(C) a vessel registered in a foreign nation where the flag
nation has consented or waived objection to the enforcement of
United States law by the United States;
"(D) a vessel located within the customs waters of the United
States; and
"(E) a vessel located in the territorial waters of another
nation, where the nation consents to the enforcement of United
States law by the United States.
Consent or waiver of objection by a foreign nation to the enforcement of
United States law by the United States under subparagraph (C) or (E) of
this paragraph may be obtained by radio, telephone, or similar oral or
electronic means, and may be proved by certification of the Secretary of
State or the Secretary's designee.
"(2) For purposes of this section, a 'vessel without nationality'
includes --
"(A) a vessel aboard which the master or person in charge makes
a claim of registry, which claim is denied by the flag nation
whose registry is claimed; and
"(B) any vessel aboard which the master or person in charge
fails, upon request of an officer of the United States empowered
to enforce applicable provisions of United States law, to make a
claim of nationality or registry for that vessel.
A claim of registry under subparagraph (A) may be verified or denied by
radio, telephone, or similar oral or electronic means. The denial of
such claim of registry by the claimed flag nation may be proved by
certification of the Secretary of State or the Secretary's designee.
"(3) For purposes of this section, a claim of nationality or registry
only includes:
"(A) possession on board the vessel and production of documents
evidencing the vessel's nationality in accordance with article 5
of the 1958 Convention on the High Seas;
"(B) flying its flag nation's ensign or flag; or
"(C) a verbal claim of nationality or registry by the master or
person in charge of the vessel.
"(d) A claim of failure to comply with international law in the
enforcement of this Act may be invoked solely by a foreign nation, and a
failure to comply with international law shall not divest a court of
jurisdiction or otherwise constitute a defense to any proceeding under
this Act.
"(e) This section does not apply to a common or contract carrier or
an employee thereof, who possesses or distributes a controlled substance
in the lawful and usual course of the carrier's business or to a public
vessel of the United States, or any person on board such a vessel who
possesses or distributes a controlled substance in the lawful course of
such person's duties, if the controlled substance is a part of the cargo
entered in the vessel's manifest and is intended to be lawfully imported
into the country of destination for scientific, medical, or other
legitimate purposes. It shall not be necessary for the United States to
negative the exception set forth in this subsection in any complaint,
information, indictment, or other pleading or in any trial or other
proceeding. The burden of going forward with the evidence with respect
to this exception is upon the person claiming its benefit.
"(f) Any person who violates this section shall be tried in the
United States district court at the point of entry where that person
enters the United States, or in the United States District Court of the
District of Columbia.
"(g)(1) Any person who commits an offense defined in this section
shall be punished in accordance with the penalties set forth in section
1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 960).
"(2) Notwithstanding paragraph (1) of this subsection, any person
convicted of an offense under this Act shall be punished in accordance
with the penalties set forth in section 1012 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 962) if such offense
is a second or subsequent offense as defined in section 1012(b) of that
Act.
"(h) This section is intended to reach acts of possession,
manufacture, or distribution committed outside the territorial
jurisdiction of the United States.
"(i) The definitions in the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) apply to terms used in this Act.
"(j) Any person who attempts or conspires to commit any offense
defined in this Act is punishable by imprisonment or fine, or both,
which may not exceed the maximum punishment prescribed for the offense,
the commission of which was the object of the attempt or conspiracy.
"SEC. 4. Any property described in section 511(a) "46 USC app.
1904" of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 881(a)) that is used or intended for use to commit, or to
facilitate the commission of, an offense under this Act shall be subject
to seizure and forfeiture in the same manner as similar property seized
or forfeited under section 511 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 881).".
SEC. 18. Notwithstanding sections 12105, 12106, 12107, and 12108 of
title 46, United States Code, and section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), as applicable on the date of the enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation for the following
vessels: Dunes Spirit, United States official number 690176; Kodiak
Queen, United States official number 507891; La Reina, United States
official number 230115; Northwind, United States official number
230147; and Wanderbird, United States official number 229607.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- H.R. 4208:
HOUSE REPORTS: No. 99-547 (Comm. on Merchant Marine and Fisheries).
SENATE REPORTS: No. 99-530 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 132 (1986): May 6, considered and passed
House. Oct. 16, considered and passed Senate, amended; House concurred
in Senate amendment.
Public Law 99-639, 100 Stat. 3537
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "8 USC 1101 note" SHORT TITLE.
This Act may be cited as the "Immigration Marriage Fraud Amendments
of 1986".
SEC. 2. DETERRING IMMIGRATION-RELATED MARRIAGE FRAUD.
(a) CONDITIONAL BASIS FOR PERMANENT RESIDENT STATUS BASED ON RECENT
MARRIAGE. -- Chapter 2 of title II of the Immigration and Nationality
Act is amended by adding at the end the following new section:
"SEC. 216. "8 USC 1186a" (a) IN GENERAL. --
"(1) CONDITIONAL BASIS FOR STATUS. -- Notwithstanding any
other provision of this Act, an alien spouse (as defined in
subsection (g)(1)) and an alien son or daughter (as defined in
subsection (g)(2)) shall be considered, at the time of obtaining
the status of an alien lawfully admitted for permanent residence,
to have obtained such status on a conditional basis subject to the
provisions of this section.
"(2) NOTICE OF REQUIREMENTS. --
"(A) AT TIME OF OBTAINING PERMANENT RESIDENCE. -- At the time
an alien spouse or alien son or daughter obtains permanent
resident status on a conditional basis under paragraph (1), the
Attorney General shall provide for notice to such a spouse, son,
or daughter respecting the provisions of this section and the
requirements of subsection (c)(1) to have the conditional basis of
such status removed.
"(B) AT TIME OF REQUIRED PETITION. -- In addition, the
Attorney General shall attempt to provide notice to such a spouse,
son, or daughter, at or about the beginning of the 90-day period
described in subsection (d)(2)(A), of the requirements of
subsections (c)(1).
"(C) EFFECT OF FAILURE TO PROVIDE NOTICE. -- The failure of
the Attorney General to provide a notice under this paragraph
shall not affect the enforcement of the provisions of this section
with respect to such a spouse, son, or daughter.
"(b) TERMINATION OF STATUS IF FINDING THAT QUALIFYING MARRIAGE
IMPROPER. --
"(1) IN GENERAL. -- In the case of an alien with permanent
resident status on a conditional basis under subsection (a), if
the Attorney General determines, before the second anniversary of
the alien's obtaining the status of lawful admission for permanent
residence, that --
"(A) the qualifying marriage --
"(i) was entered into for the purpose of procuring an alien's
entry as an immigrant, or
"(ii) has been judicially annulled or terminated, other than
through the death of a spouse; or
"(B) a fee or other consideration was given (other than a fee
or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a petition
under section 204(a) or 214(d) "8 USC 1154" with respect to the
alien; the Attorney General shall so notify the parties involved
and, subject to paragraph (2), shall terminate the permanent
resident status of the alien (or aliens) involved as of the date
of the determination.
"(2) HEARING IN DEPORTATION PROCEEDING. -- Any alien whose
permanent resident status is terminated under paragraph (1) may
request a review of such determination in a proceeding to deport
the alien. In such proceeding, the burden of proof shall be on
the Attorney General to establish, by a preponderance of the
evidence, that a condition described in paragraph (1) is met.
"(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF
CONDITION. --
"(1) IN GENERAL. -- In order for the conditional basis
established under subsection (a) for an alien spouse or an alien
son or daughter to be removed --
"(A) the alien spouse and the petitioning spouse (if not
deceased) jointly must submit to the Attorney General, during the
period described in subsection (d)(2), a petition which requests
the removal of such conditional basis and which states, under
penalty of perjury, the facts and information described in
subsection (d)(1), and
"(B) in accordance with subsection (d)(3), the alien spouse and
the petitioning spouse (if not deceased) must appear for a
personal interview before an officer or employee of the Service
respecting the facts and information described in subsection (d)(
1).
"(2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE TO
FILE PETITION OR HAVE PERSONAL INTERVIEW. --
"(A) IN GENERAL. -- In the case of an alien with permanent
resident status on a conditional basis under subsection (a), if --
"(i) no petition is filed with respect to the alien in
accordance with the provisions of paragraph (1)(A), or
"(ii) unless there is good cause shown, the alien spouse and
petitioning spouse fail to appear at the interview described in
paragraph (1)(B), the Attorney General shall terminate the
permanent resident status of the alien as of the second
anniversary of the alien's lawful admission for permanent
residence.
"(B) HEARING IN DEPORTATION PROCEEDING. -- In any deportation
proceeding with respect to an alien whose permanent resident
status is terminated under subparagraph (A), the burden of proof
shall be on the alien to establish compliance with the conditions
of paragraphs (1)(A) and (1)(B).
"(3) DETERMINATION AFTER PETITION AND INTERVIEW. --
"(A) IN GENERAL. -- If --
"(i) a petition is filed in accordance with the provisions of
paragraph (1)(A), and
"(ii) the alien spouse and petitioning spouse appear at the
interview described in paragraph (1)(B), the Attorney General
shall make a determination, within 90 days of the date of the
interview, as to whether the facts and information described in
subsection (d)(1) and alleged in the petition are true with
respect to the qualifying marriage.
"(B) REMOVAL OF CONDITIONING BASIS IF FAVORABLE DETERMINATION.
-- If the Attorney General determines that such facts and
information are true, the Attorney General shall so notify the
parties involved and shall remove the conditional basis of the
parties effective as of the second anniversary of the alien's
obtaining the status of lawful admission for permanent residence.
"(C) TERMINATION IF ADVERSE DETERMINATION. -- If the Attorney
General determines that such facts and information are not true,
the Attorney General shall so notify the parties involved and,
subject to subparagraph (D), shall terminate the permanent
resident status of an alien spouse or an alien son or daughter as
of the date of the determination.
"(D) HEARING IN DEPORTATION PROCEEDING. -- Any alien whose
permanent resident status is terminated under subparagraph (C) may
request a review of such determination in a proceeding to deport
the alien. In such proceeding, the burden of proof shall be on
the Attorney General to establish, by a preponderance of the
evidence, that the facts and information described in subsection
(d)(1) and alleged in the petition are not true with respect to
the qualifying marriage.
"(4) HARDSHIP WAIVER. -- The Attorney General, in the Attorney
General's discretion, may remove the conditional basis of the
permanent resident status for an alien who fails to meet the
requirements of paragraph (1) if the alien demonstrates that --
"(A) extreme hardship would result if such alien is deported,
or
"(B) the qualifying marriage was entered into in good faith by
the alien spouse, but the qualifying marriage has been terminated
(other than through the death of the spouse) by the alien spouse
for good cause and the alien was not at fault in failing to meet
the requirements of paragraph (1). In determining extreme
hardship, the Attorney General shall consider circumstances
occurring only during the period that the alien was admitted for
permanent residence on a conditional basis.
"(d) DETAILS OF PETITION AND INTERVIEW. --
"(1) CONTENTS OF PETITION. -- Each petition under subsection
(c)(1)(A) shall contain the following facts and information:
"(A) STATEMENT OF PROPER MARRIAGE AND PETITIONING PROCESS. --
The facts are that --
"(i) the qualifying marriage --
"(I) was entered into in accordance with the laws of the place
where the marriage took place,
"(II) has not been judicially annulled or terminated, other
than through the death of a spouse, and
"(III) was not entered into for the purpose of procuring an
alien's entry as an immigrant; and
"(ii) no fee or other consideration was given (other than a fee
or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a petition
under section 204(a) or 214(d) "8 USC 1154" with respect to the
alien spouse or alien son or daughter.
"(B) STATEMENT OF ADDITIONAL INFORMATION. -- The information
is a statement of --
"(i) the actual residence of each party to the qualifying
marriage since the date the alien spouse obtained permanent
resident status on a conditional basis under subsection (a), and
"(ii) the place of employment (if any) of each such party since
such date, and the name of the employer of such party.
"(2) PERIOD FOR FILING PETITION. --
"(A) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY. -- Except as
provided in subparagraph (B), the petition under subsection (c)(
1)(A) must be filed during the 90-day period before the second
anniversary of the alien's obtaining the status of lawful
admission for permanent residence.
"(B) DATE PETITIONS FOR GOOD CAUSE. -- Such a petition may be
considered if filed after such date, but only if the alien
establishes to the satisfaction of the Attorney General good cause
and extenuating circumstances for failure to file the petition
during the period described in subparagraph (A).
"(C) FILING OF PETITIONS DURING DEPORTATION. -- In the case of
an alien who is the subject of deportation hearings as a result of
failure to file a petition on a timely basis in accordance with
subparagraph (A), the Attorney General may stay such deportation
proceedings against an alien pending the filing of the petition
under subparagraph (B).
"(3) PERSONAL INTERVIEW. -- The interview under subsection
(c)(1)(B) shall be conducted within 90 days after the date of
submitting a petition under subsection (c)(1)(A) and at a local
office of the Service, designated by the Attorney General, which
is convenient to the parties involved. The Attorney General, in
the Attorney General's discretion, may waive the deadline for such
an interview or the requirement for such an interview in such
cases as may be appropriate.
"(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION. -- For
purposes of title III, "8 USC 1401" in the case of an alien who is in
the United States as a lawful permanent resident on a conditional basis
under this section, the alien shall be considered to have been admitted
as an alien lawfully admitted for permanent residence and to be in the
United States as an alien lawfully admitted to the United States for
permanent residence.
"(f) TREATMENT OF CERTAIN WAIVERS. -- In the case of an alien who
has permanent residence status on a conditional basis under this
section, if, in order to obtain such status, the alien obtained a waiver
under subsection (h) or (i) of section 212 of certain grounds of
exclusion, such waiver terminates upon the termination of such permanent
residence status under this section.
"(g) DEFINITIONS. -- In this section:
"(1) The term 'alien spouse' means an alien who obtains the
status of an alien lawfully admitted for permanent residence
(whether on a conditional basis or otherwise) --
"(A) as an immediate relative (described in section 201(b)) "8
USC 1151" as the spouse of a citizen of the United States,
"(B) under section 214(d) as the fiancee or fiance of an alien
citizen of the United States, or
"(C) under section 203(a)(2) "8 USC 1153" as the spouse of an
alien lawfully admitted for permanent residence, by virtue of a
marriage which was entered into less than 24 months before the
date the alien obtains such status by virtue of such marriage, but
does not include such an alien who only obtains such status as a
result of section 203(a)(8).
"(2) The term 'alien son or daughter' means an alien who
obtains the status of an alien lawfully admitted for permenent
residence (whether on a conditional basis or otherwise) by virtue
of being the son or daughter of an individual through a qualifying
marriage.
"(3) The term 'qualifying marriage' means the marriage
described to in paragraph (1).
"(4) The term 'petitioning spouse' means the spouse of a
qualifying marriage, other than the alien.".
(b) ADDITIONAL GROUND FOR DEPORTATION. -- Section 241 (8 U.S.C.
1251) is amended --
(1) in subsection (a)(9) --
(A) by inserting "(A)" after "(9)", and
(B) by inserting before the semicolon the following: ", (B) or
is an alien with permanent resident status on a conditional basis
under section 216 and has such status terminated under such
section"; and
(2) by adding at the end the following new subsection:
"(g) The provisions of subsection (a)(9)(B) shall not apply in the
cases described in section 216(c)(4).".
(c) CLASSIFICATION PETITIONS. -- Section 204(a) of such Act (8 U.S.
C. 1154(a)) is amended --
(1) by inserting "(1)" after "(a)", and
(2) by adding at the end the following new paragraph:
"(2)(A) The Attorney General may not approve a spousal second
preference petition filed by an alien who, by virtue of a prior
marriage, has been accorded the status of an alien lawfully admitted for
permanent residence as the spouse of a citizen of the United States or
as the spouse of an alien lawfully admitted for permanent residence,
unless --
"(i) a period of 5 years has elapsed after the date the alien
acquired the status of an alien lawfully admitted for permanent
residence, or
"(ii) the alien establishes to the satisfaction of the Attorney
General by clear and convincing evidence that the prior marriage
(on the basis of which the alien obtained the status of an alien
lawfully admitted for permanent residence) was not entered into
for the purpose of evading any provision of the immigration laws.
In this subparagraph, the term 'spousal second preference petition'
refers to a petition, seeking preference status under section 203(a)(
2), "8 USC 1153" for an alien as a spouse of an alien lawfully admitted
for permanent residence.
"(B) Subparagraph (A) shall not apply to a petition filed by an alien
whose prior marriage was terminated by the death of his or her spouse.".
(d) CRIMINAL PENALTY FOR MARRIAGE FRAUD. -- Section 275 of such Act
(8 U.S.C. 1325) is amended --
(1) by inserting "(a)" after "275.", and
(2) by adding at the end the following new subsection:
"(b) Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than $250,000,
or both.".
(e) LIMITATION ON ADJUSTMENT OF STATUS. -- Section 245 of such Act
(8 U.S.C. 1255) is amended by adding at the end the following new
subsection:
"(d) The Attorney General may not adjust, under subsection (a), the
status of an alien lawfully admitted to the United States for permanent
residence on a conditional basis under section 216.".
(f) CONFORMING AMENDMENT. -- The table of contents of such Act is
amended by inserting after the item relating to section 215 the
following new item:
"Sec. 216. Conditional permanent resident status for certain alien
spouses and sons and daughters.".
SEC. 3. PREVENTING MARRIAGE FRAUD WITH RESPECT TO "K" NONIMMIGRANTS.
(a) REQUIRING PREVIOUS MEETING TO OBTAIN "K" NONIMMIGRANT VISA. --
The third sentence of section 214(d) of the Immigration and Nationality
Act (8 U.S.C. 1184(d)) is amended --
(1) by striking "have a bona fide intention to marry" and
inserting "have previously met in person within 2 years before the
date of filing the petition, have a bona fide intention to
marry,", and
(2) by inserting before the period at the end the following:
", except that the Attorney General in his discretion may waive
the requirement that the parties have previously met in person".
(b) RESTRICTING SEPARATE ADJUSTMENT TO PERMANENT RESIDENT STATUS OF
"K" NONIMMIGRANTS. -- Section 245(d) of such Act (8 U.S.C. 1255(d)), as
added by section 2(d) of this Act, is amended by inserting before the
period at the end the following: "or of a nonimmigrant described in
section 101(a)(15)(K)". "8 USC 1101"
(c) REQUIRING FILING OF ADJUSTMENT OF STATUS PETITION. -- Section
214(d) of such Act (8 U.S.C. 1184(d)) is amended by striking the last
sentence.
(d) EFFECTIVE DATES. -- (1) The amendments made by subsection (a) "8
USC 1184 note" shall apply to petitions approved on or after the date of
the enactment of this Act.
(2) The amendment made by subsection (b) "8 USC 1255 note" shall
apply to adjustments occurring on or after the date of the enactment of
this Act.
(3) The amendment made by subsection (c) "8 USC 1184 note" shall
apply to aliens issued visas under section 101(a)(15)(K) of the
Immigration and Nationality Act "8 USC 1101" on or after the date of the
enactment of this Act.
SEC. 4. RESTRICTIONS ON FUTURE ENTRY OF ALIENS INVOLVED WITH
MARRIAGE FRAUD.
(a) IN GENERAL. -- Section 204(c) of the Immigration and Nationality
Act (8 U.S.C. 1154(c)) is amended --
(1) by inserting "(1)" after "if",
(2) by inserting ", or has sought to be accorded," after
"previously been accorded", and
(3) by inserting before the period at the end the following:
", or (2) the Attorney General has determined that the alien has
attempted or conspired to enter into a marriage for the purpose of
evading the immigration laws".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "8 USC
1154 note" shall apply to petitions filed on or after the date of the
enactment of this Act.
SEC. 5. RESTRICTIONS ON ADJUSTMENT OF STATUS OR PETITIONS BASED ON
MARRIAGES ENTERED WHILE IN EXCLUSION OR DEPORTATION PROCEEDINGS.
(a) RESTRICTION ON ADJUSTMENT. -- Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255), as amended by sections 2(d) and 3( b),
is further amended --
(1) in subsection (c), by striking "The provisions of this
section" and inserting "Subsection (a)", and
(2) by adding at the end the following new subsection:
"(e)(1) An alien who is seeking to receive an immigrant visa on the
basis of a marriage which was entered into during the period described
in paragraph (2) may not have the alien's status adjusted under
subsection (a).
"(2) The period described in this paragraph is the period during
which administrative or judicial proceedings are pending regarding the
alien's right to enter or remain in the United States.".
(b) RESTRICTION ON PETITIONS. -- Section 204 of such Act (8 U.S.C.
1154) is amended by adding at the end the following new subsection:
"(h) Notwithstanding subsection (a), a petition may not be approved
to grant an alien immediate relative status or preference status by
reason of a marriage which was entered into during the period described
in section 245(e)(2), until the alien has resided outside the United
States for a 2-year period beginning after the date of the marriage.".
(c) EFFECTIVE DATE. -- The amendments made by this section "8 USC
1154 note" shall apply to marriages entered into on or after the date of
the enactment of this Act.
(d) REPORT ON SECTION 241(c) SANCTIONS. -- The Attorney General
shall study and report to the Congress, not later than 6 months after
the date of the enactment of this Act, concerning the application of the
2-year marriage fraud presumption under section 241(c) of the
Immigration and Nationality Act (8 U.S.C. 1251(c)). Such report shall
include --
(1) the number of cases of deportations effected under such
section, and
(2) recommendations for changes in such section.
SEC. 6. EXCLUSION FOR MISREPRESENTATIONS.
(a) IN GENERAL. -- Paragraph (19) of section 212(a) "8 USC 1182" of
the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended to
read as follows:
"(19) Any alien who, by fraud or willfully misrepresenting a material
fact, seeks to procure, or has sought to procure or has procured, a
visa, other documentation, or entry into the United States or other
benefit provided under this Act;".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "8 USC
1182 note" shall apply to the receipt of visas by, and the admission of,
aliens occurring after the date of the enactment of this Act based on
fraud or misrepresentations occurring before, on, or after such date.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- H.R. 3737:
HOUSE REPORTS: No. 99-906 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-638, 100 Stat. 3535
provide civil service retirement credit for certain
employees and former employees of nonappropriated fund
instrumentalities under the jurisdiction of the Armed
Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) service "5 USC
8332 note" described in subsection (b) shall be considered creditable
civilian service for purposes of subchapter III of chapter 83, or
chapter 84, of title 5, United States Code, "5 USC 833, 8431 et seq." as
applicable in the case of any individual who meets the requirements of
subsection (c).
(b) This section relates to any period of training as a student or
graduate nurse under a plan approved under section 2 of the Act of June
15, 1943 (57 Stat. 153), if the total period of training under such plan
was at least 2 years.
(c)(1) An individual may not receive credit for service pursuant to
this Act unless --
(A) within 14 months after the date of the enactment of this
Act, and in accordance with regulations under subsection (d), the
individual files appropriate written application with the Office
of Personnel Management;
(B) at the time of filing the application under subparagraph
(A), the individual is employed by the Government and subject to
subchapter III of chapter 83 of title 5, United States Code (other
than section 8344 of such title), or chapter 84 of such title
(other than section 8468 of such title);
(C) before the date of the separation on which is based the
individual's entitlement to an annuity under subchapter III of
chapter 83 of title 5, United States Code, or chapter 84 of such
title, as applicable, such individual deposits into the Civil
Service Retirement and Disability Fund the amount required under
paragraph (2) with respect to the period of training involved.
(2) The amount to be deposited shall be determined by the Office of
Personnel Management in a manner consistent with applicable provisions
of subchapter III of chapter 83 of title 5, United States Code, chapter
84 of such title or title III of the Federal Employees' Retirement
System Act of 1986, as the case may be, relating to deposits for earlier
periods of civilian service for which deductions from basic pay have not
been made.
(d) The Office of Personnel Management shall, not later than 2 months
after the date of the enactment of this Act, prescribe regulations to
carry out this Act.
SEC. 2. RETIREMENT CREDIT FOR CERTAIN FORMER EMPLOYEES OF
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) SHORT TITLE. -- This section may be cited as the
"Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act
of 1986". "5 USC 8331 note"
(b) IN GENERAL. -- (1) Section 2105(c)(1) of title 5, United States
Code, is amended by inserting "of this title, subchapter III of chapter
83 of this title to the extent provided in section 8332(b)(16) "5 USC
8331" of this title," after "chatper 53".
(2) Subchapter (b) of section 8332 of such title is amended --
(A) by striking out "and" at the end of paragraph (14);
(B) by striking out the period at the end of paragraph (15) and
inserting in lieu thereof "; and";
(C) by inserting after paragraph (15) the following new
paragraph:
"(16) service performed by any individual as an employee
described in section 2105(c) of this title after June 18, 1952,
and before January 1, 1966, if (A) such service involved
conducting an arts and crafts, drama, music, library, service
club, youth activities, sports, or recreation program (including
any outdoor recreation program) for personnel of the armed forces,
and (B) such individual is an employee subject to this subchapter
on the day before the date of the enactment of the Nonappropriated
Fund Instrumentalities Employees' Retirement Credit Act of 1986.";
and
(D) by adding at the end thereof the following: "The Office of
Personnel Management shall accept, for the purposes of this
subchapter, the certification of the head of a nonappropriated
fund instrumentality of the United States concerning service of
the type described in paragraph (16) of this subsection which was
performed for such appropriated fund instrumentality.".
(c) EFFECTIVE DATE. -- Notwithstanding any other provision of this
Act "5 USC 8332 note" which specifies an effective date for amendments
made by this Act, the amendments made by this section shall take effect
on the date of the enactment of this Act.
Approved November 10, 1986.
LEGISLATIVE HISTORY -- H.R. 2663:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed
House. Oct. 18, considered and passed Senate, amended; House concurred
in Senate amendments.
PUBLIC LAW 99-637, 100 STAT. 3532
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in order to
provide for needed facilities for visitors to Fort Sumter National
Monument, including a tour boat dock and associated facilities, and an
interpretive and museum facility in cooperation with the State of South
Carolina and the city of Charleston, the Secretary of the Interior (in
this Act referred to as the "Secretary"), is authorized to acquire by
purchase with donated or appropriated funds, donation or exchange, not
to exceed 8.91 acres of lands, including submerged lands, and interests
in lands, within the area generally depicted on the map entitled
"Dockside II, Proposed Site, Tourboat Facility," which map shall be on
file and available for public inspection in the office of the National
Park Service. When acquired, lands, including submerged lands and
interests in lands, depicted on such map shall be administered by the
Secretary as a aprt of Fort Sumter National Monument, subject to the
laws and regulations applicable to such monument, and subject to the
provisions of this Act.
SEC. 2 (a) With respect to the lands, including submerged lands, and
interests in lands acquired pursuant to the first section of this Act,
the Secretary is authorized --
(1) to convey notwithstanding the provisions of section 5 "16
USC 4601-22" of Public Law 90-400 (82 Stat. 356) and subject to
the provisions of subsection (b), a leasehold interest in not to
exceed one and a half acres to the State of South Carolina or the
city of Charleston or either of them for development by either of
them or their agents or lessees of a marine museum and associated
administrative facilities;
(2) to grant covenants or easements for ingress and egress to
the State of South Carolina, the city of Charleston, and to other
parties as the Secretary may deem necessary to facilitate public
use; and
(3) to enter into cooperative agreements with the State of
South Carolina, the city of Charleston, and other parties as the
Secretary may deem necessary, pursuant to which construction,
maintenance, and use of buildings, utilities, parking facilities,
and other improvements may be shared among the parties to the
agreement.
(b) Any conveyance made pursuant to subsection (a)(1) and any renewal
thereof may be for a period of up to 50 years, and may include the
option to purchase the property in fee by the lessee within the first 10
years, upon payment by the lessee of the cost of the property to the
United States plus interest based on the average yield of United States
Treasury notes with maturities of one year. The Secretary may convey
title to the property in fee in the event such option to purchase is
exercised, subject to the condition that the property is used for a
public marine museum and associated administrative facilities.
Notwithstanding any other provision of law, any leasehold interest
conveyed pursuant to subsection (a)(1) shall be conveyed without
monetary consideration. The proceeds from any conveyance of property in
fee pursuant to subsection (a)(1) shall be depositied in the Land and
Water Conservation Fund in the Treasury of the United States.
SEC. 3. Section 117 of Public Law 96-199 (94 Stat. 71) is hereby
repealed.
SEC. 4. (a) Notwithstanding any other provision of law, sums
heretofore appropriated but not, on the date of enactment of this Act,
obligated for construction of a tourboat facility at the Broad Street
site, and for the acquisition and construction of the Fleet landing site
for Fort Sumter National Monument, which was authorized by section 117
of Public Law 96-199 (94 Stat. 71) are hereby made available for
obligation for the acquisition of the lands including submerged lands,
and interests in lands identified in the first section of this Act and
for construction of necessary facilities thereon, and to the extent that
sums heretofore appropriated for land acquisition of the fleet landing
site are not sufficient to cover the cost of acquisition of the
properties identified in the first section of this Act, sums heretofore
appropriated for construction of facilities at the Broad Street site and
the Fleet landing site may be obligated for the purposes of acquisition
as authorized in the first section of this Act.
(b) In addition to the sums made available under subsection (a),
there is authorized to be appropriated such sums as may be necessary to
carry out the purposes of this Act.
SEC. 5. The Secretary of the Interior shall transfer administrative
jurisdiction over the Federal property, consisting of approximately 1
acre, known as the Broad Street site, to the Secretary of the Department
in which the Coast Guard is operating, who shall transfer to the
Secretary of the Interior, subject to such reservations, terms, and
conditions as may be necessary for Coast Guard purposes, administrative
jurisdiction over the Federal property, consisting of approximately 1
acre located near Fort Moultrie on Sullivan's Island for purposes of
maintenance workshop, storage, and seasonal housing in connection with
the administration and protection of the Fort Sumter National Monument.
SEC. 6 (a) Not later than 45 days after the date of enactment of this
Act, the Secretary of the Interior shall receive, consider, and act on
the application of Mr. and Mrs. J. W. Wells of Waynesboro, Mississippi,
for a patent for the land described in subsection (c) of this section
under the Act entitled "An Act to authorize the Secretary of the
Interior to issue patents for lands held under color of title" approved
December 22, 1928 (43 U.S.C. 1068 et seq.), notwithstanding the
requirement of that Act that a tract of public land be held in good
faith and in peaceful, adverse, possession by a claimant, his ancestors
or grantors, under claim or color of title for the period commencing not
later than January 1, 1901, to the date of application during which time
they have paid taxes levied on the land by State and local governmental
units.
(b) Any patent issued pursuant to subsection (a) shall be without any
mineral reservation to the United States, and all mineral interests of
the United States in and to the land described in subsection (c) shall
be transferred to Mr. and Mrs. J. W. Wells with consideration.
(c) That referred to in this section, comprising approximately 160
acres, is the NW 1/4 of Section 21, T. 10 N., R. 8 W., St. Stephens
Meridian.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- S. 2534:
SENATE REPORTS: No. 99-476 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and
passed Senate. Oct. 15, considered and passed House, amended. Oct. 17,
Senate concurred in House amendment.
Public Law 99-636, 100 Stat. 3530
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SOLOMON BLATT, SR., POST OFFICE BUILDING.
The United States Post Office to be constructed on Main Street in
Barnwell, South Carolina, shall be known and designated as the "Solomon
Blatt, Sr., Post Office Building". Any reference in any law,
regulation, document, record, map, or other paper of the United States
to such building shall be deemed to be a reference to the Solomon Blatt,
Sr., Post Office Building.
SEC. 2. FREDERICK N. WEATHERS STATION OF THE UNITED STATES POSTAL
SERVICE
The building located at 3415 North Kings Highway, St. Louis,
Missouri, known as the Charles Nagel Station of the United States Postal
Service, shall hereafter be known and designated as the "Frederick N.
Weathers Station of the United States Postal Service". Any reference in
any law, map, regulation, document, record, or other paper of the United
States to such building shall be deemed to be a reference to the
Frederick N. Weathers Station of the United States Postal Service.
SEC. 3. BENJAMIN S. ROSENTHAL POST OFFICE BUILDING.
(a) IN GENERAL. -- The United States Post Office Building located at
41-65 Main Street, Flushing, New York, shall hereafter be known and
designated as the "Benjamin S. Rosenthal Post Office Building". Any
reference in any law, map, regulation, document, record, or other paper
of the United States to such building shall be deemed to be a reference
to the Benjamin S. Rosenthal Post Office Building.
(b) INSTALLATION OF A PLAQUE. -- As soon as practicable after the
date of the enactment of this Act, the Postmaster General shall install
in such post office, in a place in open view to the public, an
appropriate plaque indicating the designation of such post office as the
"Benjamin S. Rosenthal Post Office Building".
SEC. 4. LESLIE NELSON SHAW, SR., GENERAL MAIL FACILITY OF THE UNITED
STATES POSTAL SERVICE.
The United States Post Office Building to be constructed on the
property on the northwest corner of the intersection of Florence Avenue
and Central Avenue in Los Angeles, California, shall be known and
designated as the "Leslie Nelson Shaw, Sr., General Mail Facility of the
United States Postal Service". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the Leslie Nelson
Shaw, Sr., General Mail Facility of the United States Postal Service.
SEC. 5. DEBRA SUE SCHATZ POST OFFICE BUILDING.
The United States Post Office Building located at 2909 Rogerdale,
Houston, Texas, shall hereafter be known and designated as the "Debra
Sue Schatz Post Office Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the Debra Sue Schatz
Post Office Building.
SEC. 6. EDWIN B. FORSYTHE POST OFFICE BUILDING.
The United States Post Office Building at East Second Street and
Chester Avenue in Moorestown, New Jersey, shall hereafter be known and
designated as the "Edwin B. Forsythe Post Office Building". Any
reference in any law, regulation, map, document, record, or other paper
of the United States to such building shall be deemed to be a reference
to the Edwin B. Forsythe Post Office Building.
SEC. 7. JUANITA CRAFT POST OFFICE OF SOUTH DALLAS.
The United States Post Office Building located at 2120 South Ervay,
Dallas, Texas, shall hereafter be known and designated as the "Juanita
Craft Post Office of South Dallas". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the Juanita Craft
Post Office of South Dallas.
SEC. 8. GILLIS W. LONG POST OFFICE BUILDING.
The United States Post Office Building being constructed at 1300
Belle Terre Boulevard in La Place, Louisiana, shall be known and
designated as the "Gillis W. Long Post Office Building". Any reference
in any law, map, regulation, document, record, or other paper of the
United States to such building shall be deemed to be a reference to the
Gillis W. Long Post Office Building.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- S. 2452:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed Senate. Oct. 15, considered and passed House, amended. Oct. 18,
Senate concurred in House amendments.
Public Law 99-635, 100 Stat. 3527
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) The boundary of Olympic National Park, Washington, is
hereby revised to include within the park --
(1) all submerged lands and waters of Lake Ozette, Washington,
and the Ozette River, Washington;
(2) all surveyed and unsurveyed islands lying off the coast of
the State of Washington in the Pacific Ocean between latitutdes
"16 USC 251n" 48 degrees 23 minutes north and 47 degrees 38
minutes north;
(3) those lands between mean high tide and the lowest low tide
beginning in section 22, township 24 north, range 13 west
Willamette meridian, at the common boundary between the Olympic
National Park and the Quinault Indian Reservation, to section 18,
township 32 north, range 15 west Willamette meridian, at the
common boundary between the Olympic National Park and the Makah
Indian Reservation, except those lands directly adjacent to and
west of the Hoh, Ozette, and Quillayute Indian Reservations:
Provided, That such lands as are identified in this paragraph
shall continue to be open to fishing and to the taking of
shellfish in conformity with the laws and regulations of the State
of Washington; and
(4) approximately nine thousand six hundred and thirty-eight
acres, and to exclude from the park approximately three thousand
three hundred and fifty-two acres, as generally depicted on the
maps entitled "Boundary Modifications, Olympic National Forest and
Olympic National Park", numbered 149/60,030A, sheets 1 through 9,
and dated September 1986, which shall be on file and available for
public inspection in the office of the National Park Service,
United States Department of the Interior.
(b) The boundary of Olympic National Forest, Washington, is hereby
revised to include in the national forest approximately three "16 USC
251n note" thousand three hundred and fifty-two acres and to exclude
from the national forest approximately nine thousand three hundred and
twenty-four acres, as generally depicted on the maps entitled "Boundary
Modifications, Olympic National Forest and Olympic National Park",
numbered 149/60,030A, sheets 1 through 10, and dated September 1986,
which shall be on file and available for public inspection in the office
of the Forest Service, United States Department of Agriculture.
(c) Section 3 of the Washington State Wilderness Act of 1984 (Public
Law 98-339, Act of July 3, 1984, 98 Stat. 301) "98 Stat. 299" is amended
--
(1) by striking subsection (2) and inserting in lieu thereof
the following new subsection:
"(2) certain lands in the Olympic National Forest, Washington,
which comprise approximately forty-four thousand four hundred and
seventy-four acres, as generally depicted on a map entitled
'Buckhorn Wilderness -- Revised', numbered 98-339-3(2), sheets 1
and 2, and dated September 1986, and which shall be known as the
Buckhorn Wilderness;";
(2) by striking subsection (13) and inserting in lieu thereof
the following new subsection:
"(13) certain lands in the Olympic National Forest, Washington,
which comprise approximately thirteen thousand and fifteen acres,
as generally depicted on a map entitled 'Mount Skokomish
Wilderness -- Revised', numbered 98-339-3(13) and dated September
1986, and which shall be known as the 'Mount Skokomish Wilderness
-- Revised', dated September 1986, and which shall be known as the
Mount Skokomish Wilderness;"; and
(3) by striking subsection (19) and inserting in lieu thereof
the following new subsection:
"(19) certain lands in the Olympic National Forest, Washington,
which comprise approximately sixteen thousand six hundred and
eighty-two acres, as generally depicted on a map entitled 'The
Brothers Wilderness -- Revised', numbered 98-339-3( 19) and dated
September 1986, and which shall be known as 'The Brothers
Wilderness;'.".
SEC. 2. "16 USC 251n note" (a) Federal lands, waters, and interests
therein formerly within the boundary of Olympic National Forest which
are included within the boundary of Olympic National Park pursuant to
section 1 of this Act are, subject to valid existing rights, hereby
transferred to the administrative jurisdiction of the Secretary of the
Interior for administration as part of the park, and shall be subject to
all the laws and regulations applicable to the park: Provided further,
That within section 15, township 15 north, range 9 west Willamette
meridian, and within an area extending not more than one mile north of
such section, nothing herein shall be construed to limit or otherwise
modify the authority of the Secretary of Agriculture to design and
construct a forest logging road east of the park boundary: Provided,
however, That the Secretary of Agriculture shall not construct the road
as close as practically possible to the park boundary but not more than
five hundred feet east of the divide. Following construction, the
Secretary of the Interior is hereby authorized and directed to
redescribe and relocate the boundary of the park along the eastern
clearing limits of the road.
(b) Federal lands, waters, and interests therein formerly within the
boundary of Olympic National Park which are excluded therefrom pursuant
to section 1 of this Act are, subject to valid existing rights, hereby
transferred to the administrative jurisdiction of the Secretary of
Agriculture for administration as part of Olympic National Forest, and
shall be subject to all the laws and regulations applicable to the
National Forest System: Provided, That any lands deleted from the park
and included within the Buckhorn Wilderness, Mount Skokomish Wilderness,
or The Brothers Wilderness pursuant to this Act shall be managed in
accordance with the provisions of the Washington State Wilderness Act of
1984 (Public Law 98-339, Act of July 3, 1984, 98 Stat. 301). "98 Stat.
299"
SEC. 3. "16 USC 251n note" (a) The Secretary of the Interior is
authorized to acquire by donation, purchase with donated or appropriated
funds, exchange, bequest or otherwise any non-Federal lands, waters, and
interests therein included within the boundary of Olympic National Park
pursuant to section 1 of this Act: Provided: That any lands, waters,
or interests therein owned by the State of Washington or any political
subdivision thereof may be acquired only by donation or exchange.
(b) For the purpose of section 7 of the Land and Water Conservation
Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C. 460l-9), the
boundary of the Olympic National Forest, as modified pursuant to section
1 of this Act, shall be treated as if it was the boundary of that
national forest on January 1, 1965.
SEC. 4. "16 USC 251n note" There are hereby authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this Act, except that the total amounts authorized to be appropriated
for the purpose of acquisition of lands, waters, and interests therein
pursuant to this Act shall not exceed $1,000,000.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- S. 2351:
SENATE REPORTS: No. 99-510 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and
passed Senate. Oct. 15, considered and passed House.
Public Law 99-634, 100 Stat. 3523
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Anti-Kickback Enforcement Act of 1986". "41 USC 51 note"
SEC. 2. (a) The Act entitled "An Act to eliminate the practice by
subcontractors, under cost-plus-a-fixed-fee or cost reimbursable
contracts of the United States, of paying fees or kickbacks, or of
granting gifts or gratuities to employees of a cost-plus-fixed-fee or
cost reimbursable prime contractors or of higher tier subcontractors for
the purpose of securing the award of subcontracts or orders", approved
March 8, 1946 (41 U.S.C. 51-54), is amended to read as follows:
"SECTION 1. This Act may be cited as the 'Anti-Kickback Act of
1986'. "41 USC 51"
"SEC. 2. As used in this Act: "41 USC 52"
"(1) The term 'contracting agency', when used with respect to a
prime contractor, means any department, agency, or establishment
of the United States which enters into a prime contract with a
prime contractor.
"(2) The term 'kickback' means any money, fee, commission,
credit, gift, gratuity, thing of value, or compensation of any
kind which is provided, directly or indirectly, to any prime
contractor, prime contractor employee, subcontractor, or
subcontractor employee for the purpose of improperly obtaining or
rewarding favorable treatment in connection with a prime contract
or in connection with a subcontract relating to a prime contract.
"(3) The term 'person' means a corporation, partnership,
business association of any kind, trust, joint-stock company, or
individual.
"(4) The term 'prime contract' means a contract or contractual
action entered into by the United States for the purpose of
obtaining supplies, materials, equipment, or services of any kind.
"(5) The term 'prime contractor' means a person who has entered
into a prime contract with the United States.
"(6) The term 'prime contractor employee' means any officer,
partner, employee, or agent of a prime contractor.
"(7) The term 'subcontract' means a contract or contractual
action entered into by a prime contractor or subcontractor for the
purpose of obtaining supplies, materials, equipment, or services
of any kind under a prime contract.
"(8) The term 'subcontractor' --
"(A) means any person, other than the prime contractor, who
offers to furnish or furnishes any supplies, materials, equipment,
or services of any kind under a prime contract or a subcontract
entered into in connection with such prime contract; and
"(B) includes any person who offers to furnish or furnishes
general supplies to the prime contractor or a higher tier
subcontractor.
"(9) The term 'subcontractor employee' means any officer,
partner, employee, or agent of a subcontractor.
"SEC. 3. "41 USC 53" It is prohibited for any person --
"(1) to provide, attempt to provide, or offer to provide any
kickback;
"(2) to solicit, accept, or attempt to accept any kickback; or
"(3) to include, directly or indirectly, the amount of any
kickback prohibited by clause (1) or (2) in the contract price
charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime
contractor to the United States.
"SEC. 4. "41 USC 54" Any person who knowingly and willfully engages
in conduct prohibited by section 3 shall be imprisoned for not more than
10 years or shall be subject to a fine in accordance with title 18,
United States Code, or both.
"SEC. 5. "41 USC 55" (a)(1) The United States may, in a civil
action, recover a civil penalty from any person who knowingly engages in
conduct prohibited by section 3. The amount of such civil penalty shall
be --
"(A) twice the amount of each kickback involved in the
violation; and
"(B) not more than $10,000 for each occurrence of prohibited
conduct.
"(2) The United States may, in a civil action, recover a civil
penalty from any person whose employee, subcontractor or subcontractor
employee violates section 3 by providing, accepting, or charging a
kickback. The amount of such civil penalty shall be the amount of that
kickback.
"(b) A civil action under this section shall be barred unless the
action is commenced within 6 years after the later of (1) the date on
which the prohibited conduct establishing the cause of action occurred,
and (2) the date on which the United States first knew or should
reasonably have known that the prohibited conduct had occurred.
"SEC. 6. "41 USC 56" (a) A contracting officer of a contracting
agency may offset the amount of a kickback provided, accepted, or
charged in violation of section 3 against any moneys owed by the United
States to the prime contractor under the prime contract to which such
kickback relates.
"(b)(1) Upon direction of a contracting officer of a contracting
agency with respect to a prime contract, the prime contractor shall
withhold from any sums owed to a subcontractor under a subcontract of
the prime contract the amount of any kickback which was or may be offset
against that prime contractor under subsection (a).
"(2) Such contracting officer may order that sums withheld under
paragraph (1) --
"(A) be paid over to the contracting agency; or
"(B) if the United States has already offset the amount of such
sums against that prime contractor, be retained by the prime
contractor.
"(3) The prime contractor shall notify the contracting officer when
an amount is withheld and retained under paragraph (2)(B).
"(c) An offset under subsection (a) or a direction or order of a
contracting officer under subsection (b) is a claim by the Government
for the purposes of the Contract Disputes Act of 1978. "41 USC 601
note"
"(d) As used in this section, the term 'contracting officer' has the
meaning given that term for the purposes of the Contract Disputes Act of
1978.
"SEC. 7. "41 USC 57" (a) Each contracting agency shall include in
each prime contract awarded by such agency a requirement that the prime
contractor shall have in place and follow reasonable procedures designed
to prevent and detect violations of section 3 in its own operations and
direct business relationships.
"(b) Each contracting agency shall include in each prime contract
awarded by such agency a requirement that the prime contractor shall
cooperate fully with any Federal Government agency investigating a
violation of section 3.
"(c)(1)(A) Whenever a prime contractor or subcontractor has
reasonable grounds to believe that a violation of section 3 may have
occurred, the prime contractor or subcontractor shall promptly report
the possible violation in writing.
"(B) A contractor shall make the reports required by subparagraph (A)
to the inspector general of the contracting agency, the head of the
contracting agency if the agency does not have an inspector general, or
the Department of Justice.
"(2) In the case of an administrative or contractual action to
suspend or debar any person who is eligible to enter into contracts with
the Federal Government, evidence that such person has supplied
information to the United States pursuant to paragraph (1) shall be
favorable evidence of such person's responsibility for the purposes of
Federal procurement laws and regulations.
"SEC. 8. "41 USC 58" For the purpose of ascertaining whether there
has been a violation of section 3 with respect to any prime contract,
the General Accounting Office and the inspector general of the
contracting agency, or a representative of such contracting agency
designated by the head of such agency if the agency does not have an
inspector general, shall have access to and may inspect the facilities
and audit the books and records, including any electronic data or
records, of any prime contractor or subcontractor under a prime contract
awarded by such agency.".
(b) The title of such Act is amended to read as follows: "An Act to
prohibit kickbacks relating to subcontracts under Federal Government
contracts.".
SEC. 3. (a) Except as provided in subsection (b), "41 USC 51 note"
the Anti-Kickback Act of 1986 (as set out in section 2(a)) shall take
effect with respect to conduct described in section 3 of such Act which
occurs on or after the date of the enactment of this Act.
(b) Subsections (a) and (b) of section 7 of the Anti-Kickback Act of
1986 (as set out in section 2(a)) shall take effect with respect to
contract solicitations issued by an agency, department, or other
establishment of the Federal Government on or after the date which is 90
days after the date of the enactment of this Act.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- S. 2250 (H.R. 4783):
HOUSE REPORTS: No. 99-964, Pt. 1 accompanying H.R. 4783 (Comm. on
Government Operations).
SENATE REPORTS: No. 99-435 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and
passed Senate. Oct. 7, H.R. 4783 considered and passed House;
proceedings vacated and S. 2250, amended, passed in lieu. Oct. 15,
Senate concurred in House amendments.
Public Law 99-633, 100 Stat. 3522
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXPORT ADMINISTRATION ACT.
Section 18(b) of the Export Administration Act of 1979 (50 U.S.C.
App. 2417(b)) is amended to read as follows:
"(b) AUTHORIZATION. -- There are authorized to be appropriated to
the Department of Commerce to carry out the purposes of this Act --
"(1) $35,935,000 for each of the fiscal years 1987 and 1988, of
which $12,746,000 shall be available for each such year only for
enforcement, $2,000,000 shall be available for each such year only
for foreign availability assessments under subsections (f) and
(h)(6) of section 5, "50 USC 2404" and $21,189,000 shall be
available for each such year for all other activities under this
Act; and
"(2) such additional amounts for each of the fiscal years 1987
and 1988 as may be necessary for increases in salary, pay,
retirement, other employee benefits authorized by law, and other
nondiscretionary costs.".
SEC. 2. EXPORT PROMOTION.
Section 202 of the Export Administration Amendments Act of 1985 (15
U.S.C. 4052) is amended by striking "$113,273,000 for each of the fiscal
years 1985 and 1986" and inserting "$123,922,000 for each of the fiscal
years 1987 and 1988".
Approved November 7, 1986.
LEGISLATIVE HISTORY -- S. 2245:
SENATE REPORTS: No. 99-271 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): July 21, considered and
passed Senate. Oct. 14, considered and passed House, amended. Oct. 18,
Senate concurred in House amended with an amendment; House concurred in
Senate amendment.
Public Law 99-632, 100 Stat. 3520
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
other provision of law, the Secretary of Agriculture is authorized and
directed to convey, without consideration except for administrative
costs associated with the preparation of title and legal description, to
the Town of Payson, Arizona, a parcel of land comprising approximately
30.96 acres, known as North Rumsey Park, in the Town of Payson, County
of Gila, Arizona.
SEC. 2. Title to any real property acquired by the Town of Payson
pursuant to this Act shall revert to the United States if the town
attempts to convey or otherwise transfer ownership of any portion of
such property to any other party or attempts to encumber such title, or
if the town permits the use of any portion of such property for any
purpose incompatible with the purposes specified in section 3 of this
Act.
SEC. 3. Real property conveyed to the Town of Payson pursuant to
this Act be used for public open space, park and recreational purposes.
SEC. 4. (a) Notwithstanding any other provision of law or
regulation, the Secretary of the Interior, acting through the Bureau of
Land Management, is authorized and directed to transfer title to certain
land in Arizona in accordance with the terms of the Memorandum of
Agreement Regarding the Disposal of Federal Lands at Lake Havasu City
among the United States Department of the Interior, Bureau of Land
Management, the Arizona State Land Department, the Arizona State Parks
Board and Lake Havasu City, dated November 25, 1985. The transfer of
title to land along the shoreline of Lake Havasu shall be to elevation
450 feet above sea level: Provided, That the United States shall
reserve unto itself the right to maintain the shoreline and to flood up
to elevation 455 feet above sea level.
(b) The Secretary of the Interior is hereby authorized and directed
to process an application by the County of Santa Cruz, Arizona, pursuant
to the Recreation and Public Purposes Act "43 USC 869 note" for the
following described lands: Provided, That the processing shall be in
accordance with the Memorandum of Understanding among the United States
Forest Service, the Bureau of Land Management and Santa Cruz County,
dated September 17, 1986: S1/2NW1/4 Section 5, and Lots 10 and 11,
Section 6, T. 24 S., R. 14 E., G&SM. Executive Order No. 1398, dated
August 15, 1911, which temporarily withdrew the above described land for
use by the United States Forest Service for administrative purposes, is
hereby revoked in its entirety, effective on the date of patent of the
above described lands pursuant to the Recreation and Public Purposes Act
to the County of Santa Cruz, Arizona.
SEC. 5. Section 205 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1715(c)) is amended --
(1) in the first sentence of subsection (c) by striking out
"Lands and interests" and inserting in lieu thereof "Except as
provided in subsection (e), lands and interests"; and
(2) by adding at the end thereof the following new subsection:
"(e) Lands acquired by the Secretary pursuant to this section or
section 206 "43 USC 1716" in exchange for lands which were revested in
the United States pursuant to the provisions of the Act of June 9, 1916
(39 Stat. 218) or reconveyed to the United States pursuant to the
provisions of the Act of February 26, 1919 "16 USC 342" (40 Stat.
1179), shall be considered for all purposes to have the same status as,
and shall be administered in accordance with the same provisions of law
applicable to, the revested or reconveyed lands exchanged for the lands
acquired by the Secretary.".
SEC. 6. Notwithstanding any other provision of law, the Secretary of
the Interior, if he determines it necessary and appropriate for the
purpose of consummating an exchange of lands or interests therein under
applicable law, is hereby authorized and directed to revoke the
withdrawal under the First Form by Order of the Secretary of the
Interior dated December 14, 1904, and as interpreted by Order of
Interpretation of the Secretary of the Interior dated May 19, 1964,
insofar as said withdrawal applies to Section 31 (Lots 1, 2, 3, W1/2E1/
2, E1/2NW1/4, SE1/4SE1/4) T. 5 N., R. 7 E., Gila and Salt River
Meridian, Arizona.
SEC. 7. Notwithstanding any provision of law or order based thereon,
the Secretary of the Interior, at the request of the Secretary of
Agriculture, is authorized to take such actions (including but not
limited to the revocation of withdrawals and the issuance of patents) as
may be necessary to facilitate and consummate a land exchange in Idaho
known as the Mesa Falls Exchange, as described in a Land Exchange Notice
by the Department of Agriculture published in the Post-Register
newspaper published in Idaho Falls, Idaho on November 12, 1985 (p.
B-5), if the Secretary of Agriculture decides to proceed with such
exchange.
Approved November 1, 1986.
LEGISLATIVE HISTORY -- S. 565:
HOUSE REPORTS: No. 99-900 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 99-339 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 9, considered and passed
Senate. Sept. 30, considered and passed House, amended. Oct. 9, Senate
concurred in House amendment with an amendment.
PUBLIC LAW 99-631, 100 STAT. 3515
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) the Comprehensive
Anti-Apartheid Act of 1986 is amended as follows:
(1) In the table of contents --
(A) srike out the item relating to section 309 and insert in
lieu thereof the following new item:
"Sec. 309. Prohibition on importation of uranium, coal, and
textiles from South Africa.";
(B) strike out the items relating to sections 317 and 318 and
insert in lieu thereof the following new items:
"Sec. 317. Prohibition on export of items on the United States
Munitions List.
"Sec. 318. Notification of certain proposed United States
Munitions List exports."; and
(C) strike out the item relating to section 510 and insert in
lieu thereof the following new item:
"Sec. 510. Prohibition on the importation of Soviet gold
coins.".
(2) In section 3 --
(A) in paragraph (6)(B), strike out "Administration" and insert
in lieu thereof "administration";
(B) at the end of paragraph (7), strike out "and";
(C) redesignate paragraph (8) as paragraph (9); and
(D) after paragraph (7), insert the following new paragraph:
"(8) the term 'South African national' means --
"(A) a citizen of South Africa; and
"(B) any partnership, corporation, or other business
association which is organized under the laws of South Africa;
and".
(3) In section 102 --
(A) in subsection (b), insert "and" at the end of paragraph
(3); and
(B) in subsection (c) --
(i) strike out "subsection 101(a)" and insert in lieu thereof
"section 101(a)"; and
(ii) strike out "ANC" and insert in lieu thereof "African
National Congress".
(4) In section 103(b) --
(A) in paragraph (1), insert a comma after "apartheid";
(B) in paragraph (4), stike out "to those whose nonviolent
activities had" and insert in lieu thereof "(A) to those whose
nonviolent activities have"; and
(C) in paragraph (7), strike out "such groups so as to achieve
the objectives of this Act" and insert in lieu thereof 'groups
promoting terrorism".
(5) In section 104(b) --
(A) in paragraph (5), strike out "that all countries of the
region respect the human rights of their citizens and noncitizens
residing in the country, and especially the release" and insert in
lieu thereof "the respect by all countries of the region for the
human rights of their citizens and noncitizens residing in their
countries and, especially, the release by all such countries";
and
(B) in paragraph (6), strike out "demanding that all countries
of the region take effective action" and insert in lieu thereof
"demanding, effective action by all countries of the region".
(6) In section 105 --
(A) insert "(1)" after "states"; and
(B) strike out "of means" and insert in lieu thereof "(2) any
means".
(7) Section 106(c) is amended to read as follows:
"(c) The United States will work, through coordinated actions with
the major Western allies and with the governments of the countries in
the region, toward the achievement of an agreement to suspend violence
and begin negotiations.".
(8) In section 109, strike out "Senate" and insert in lieu
thereof "Congress".
(9) In section 207 --
(A) in subsection (a), insert "with respect to the employment
of those persons" after "implemented"; and
(B) in subsection (b), insert "with respect to the employment
of those persons" after "Conduct".
(10) In section 208 --
(A) in subsection (b)(3), strike out "make" and insert in lieu
thereof "making"; and
(B) in the second sentence of subsection (c), strike out "this
section" each of the two places it appears and insert in lieu
thereof "section 207".
(11) In section 212, insert "are participated in by" after
"as".
(12) In section 303 --
(A) in subsection (b) --
(i) strike out "corporation or partnership owned or controlled"
and insert in lieu thereof "corporation, partnership, or entity
owned, controlled,"; and
(ii) strike out "corporation or partnership" the second place
it appears and insert in lieu thereof "corporation, partnership,
or entity"; and (B) at the end of the section, add the following
new subsection:
"(c) Nothing in this section prohibits the importation into the
United States of any publication, including any book, newspaper,
magazine, film, phonograph record, tape recording, photograph,
microfilm, microfiche, poster, or any other similar material.".
(13) In section 306(d), insert "'air carrier'," after
"'aircraft',".
(14) In section 309 --
(A) in the section heading relating thereto, strike out
"URANIUM AND COAL" and insert in lieu thereof "URANIUM, COAL, AND
TEXTILES";
(B) in subsection (a), strike out "is" and insert in lieu
thereof "are";
(C) redesignate subsection (b) as subsection (c); and
(D) insert after subsection (a) the following new subsection:
"(b) For purposes of this section, the term 'textiles' does not
include any article provided for in item 812.10 or 813.10 of the Tariff
Schedules of the United States.".
(15) In section 312(b) "19 USC note prec. 1202" strike out
"civilians or" and insert in lieu thereof "civilians and".
(16) In section 313, strike out "the following convention and
protocol".
(17) In section 314 --
(A) strike out "agency" and insert in lieu thereof "agency,";
and
(B) strike out "diplomatic and" and insert in lieu thereof
"diplomatic or".
(18) In section 317 --
A) in the section heading relating thereto, strike out "SALE OR
EXPORT OF ITEMS ON" and insert in lieu thereof "EXPORT OF ITEMS ON
THE UNITED STATES"; and
(B) in subsection (a), strike out "Munition" and insert in lieu
thereof "Munitions".
(19) In section 318 --
(A) amend the section heading relating thereto to read as
follows: "NOTIFICATION OF CERTAIN PROPOSED UNITED STATES
MUNITIONS LIST EXPORTS";
(B) in subsection (a) in the text above clause (i), strike out
"shall:" and insert in lieu thereof "shall -- ";
(C) in subsection (a), redesignate paragraphs (i) and (ii) as
paragraphs (1) and (2), respectively;
(D) in subsection (a)(1), as redesignated by clause (C) --
(i) insert "of" after "Africa"; and
(ii) strike out "Munititon" and insert in lieu thereof
"Munitions"; and
(E) amend subsection (b) to read as follows:
"(b)(1) No item described in subsection (a) may be exported if the
Congress, within 30 days of continuous session after a certification is
made under subsection (a)(2), enacts, in accordance with section 602 of
this Act, a joint resolution disapproving such export.
"(2) For purposes of paragraph (1), the term "continuous session" is
used within the meaning of section 906(b) of title 5, United States
Code."
(20) In section 319 --
(A) in the text above paragraph (1), strike out "no:" and
insert in lieu thereof "no -- ";
(B) in paragraph (1), strike out "commodity, product, byproduct
of derivative thereof," and insert in lieu thereof "commodity or
product or any byproduct or derivative thereof, or"; and
(C) strike out paragraph (2) and insert in lieu thereof of the
following:
"(2) article that is suitable for human consumption, that is a
product of South Africa may be imported into the United States after the
date of enactment of this Act.".
(21) In section 320 --
(A) strike out "Notwithstanding" and insert in lieu thereof
"Notwithstanding";
(B) insert after "produced" a comma and the following: "or
iron ore extracted,"; and
(C) insert before the period at the end thereof a comma and the
following: "except that any such commodity may be imported
pursuant to a contract entered into before August 15, 1986, if no
shipment of such commodity is imported by a national of the United
States under such contract after December 31, 1986".
(22) In section 321 --
(A) in subsection (a) --
(i) strike out "or which is exported by a person subject to the
jurisdiction of the United States"; and
(ii) insert after "South Africa" the following: ", and no
crude oil or refined petroleum product may be exported to South
Africa by a person subject to the jurisdiction of the United
States"; and
(B) in subsection (b), before the period at the end thereof
insert a comma and the following: "If no shipment of such export
is made under such contract after December 31, 1986".
(23) In section 322, insert "for" after "except".
(24) In section 401 --
(A) in the third sentence of subsection (a), insert
"agreements" after "cooperative";
(B) in the first sentence of subsection (b)(1), strike out
"arrangements with the other industrialized democracies and other
trading partners of South Africa" and insert in lieu thereof
"agreements with the other industrialized democracies";
(C) in subsection (c), strike out "sections 301 through 310"
and insert in lieu thereof "title III"; and
(D) in subsection (d)(3), insert ", in accordance with section
602 of this Act," after "enacted".
(25) In section 402, strike out "against any national of the
United States".
(26) In section 501 --
(A) in subsection (c), strike out paragraph (1);
(B) in subsection (c)(3), strike out "food, agricultural
products, diamonds, and textiles" and insert in lieu thereof
"diamonds"; and
(C) in subsection (c), redesignate paragraphs (2) through (5)
as paragraphs (1) through (4), respectively.
(27) In section 502 --
(A) in subsection (a), strike out "material by" and insert in
lieu thereof "materials to"; and
(B) in subsection (b)(2), strike out "(1) and every thirty days
thereafter, the President shall prepare and transmit" and insert
in lieu thereof "(1), and every thirty days threreafter, the
President shall prepare and transmit to the Congress a report
containing".
(28) In section 505(a), insert a comma after "done" the second
place it appears.
(29) In section 510 --
(A) strike out subsection (b);
(B) redesignate subsection (c) as subsection (b); and
(C) in subsection (c), strike out "rubles" and insert in lieu
thereof "gold coins".
(30) In section 512(a), strike out "Subsaharan" and insert in
lieu thereof "subSaharan".
(31) In section 602 --
(A) in subsection (a)(1), insert "318(b)," after "311(b),";
(B) in subsection (b)(1), insert "318(b)," after "311(b),";
(C) in subsection (b)(3), insert "the" after "with";
(D) in subsection (c), redesignate paragraphs (A), (B), and (C)
as paragraphs (1), (3), and (4), respectively; and
(E) in subsection (c), insert after paragraph (1) as
redesignated by clause (D) of this paragraph, the following new
paragraph:
"(2) in the case of section 318(b), a joint resolution which is
introduce in a House of Congress within 3 legislative days after the
Congress receives a certification of the President pursuant to section
318(b) and for which the matter after the resolving clause reads as
follows: "That the Congress, having received on a certification of the
President under section 318(b)(2) of the Comprehensive Anti-Apartheid
Act of 1986, approves the President's certification,', with the date of
the receipt of the certification inserted in the blank;".
(b) The Foreign Assistance Act "22 USC 2151 note" of 1961 is amended
as follows:
(1) In section 105(b)(2)(C)(i) "22 USC 2151c" strike out
"inservice" and insert in lieu thereof "in-service".
(2) In section 116(f)(2)(B) "22 USC 2151n" strike out
"paragraph" and insert in lieu thereof "subsection".
(3) In section 535(a)(1), insert "and" after "enterprise,".
(c) The amendments made by subsections (a) and (b) shall be deemed to
have taken effect upon the enactment of the Comprehensive Anti-Apartheid
Act of 1986.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 756:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, onsidered and passed
House. Oct. 18, considered and passed Senate.
Public Law 99-630, 100 Stat. 3514
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President shall, in
concert with the International Whaling Commission, seek a "16 USC 916
note" treaty or other appropriate international agreement establishing a
wildlife sanctuary for humpback whales in the West Indies, in the area
encompassing the Turks Islands, Mouchoir Passage, Silver Bank Passage,
Navidad Bank, and such additional areas in the West Indies as may be
necessary to ensure the protection of the breeding grounds of the
humpback whales.
Approved November 7, 1986
LEGISLATIVE HISTORY -- H.J. Res. 67:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and
passed House. Oct. 16, considered and passed Senate.
Public Law 99-629, 100 Stat. 3513
Whereas January 25, 1987, marks the bicentennial of the final
uprising in western Massachusetts of Daniel Shays and his men, during a
period of unrest in the years following the Revolutionary War;
Whereas the landowners of western Massachusetts felt they were unduly
burdened because money was scarce, taxes were high, punishments for
debts were severe, and the government was unresponsive;
Whereas Shays led the dissatisfied landowners in a series of attacks
to stop debt procedures in local courts;
Whereas on January 25, 1787, a major confrontation occurred in
Springfield when the militia wounded, killed, and caught several of
Shays' rebels as they stormed the arsenal;
Whereas the uprisings of Shays' Rebellion exposed the problems in the
existing form of government to the people of America and prompted a
meeting of delegates in Philadelphia to correct the weaknesses of the
Articles of Confederation; and
Whereas Shays' Rebellion was instrumental in bringing about the
writing of the Constitution of the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning January
19, 1987, is designated as "Shays' Rebellion Week" and Sunday, January
25, 1987, is designated as "Shays' Rebellion Day". The President is
requested to issue a proclamation calling upon the people of the United
States to observe such week and day with appropriate ceremonies and
activities.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 10:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-628, 100 Stat. 3510
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "18 USC 2251 note" SHORT TITLE.
This Act may be cited as the "Child Sexual Abuse and Pornography Act
of 1986".
SEC. 2. ADVERTISING OFFENSES RELATED TO SEXUAL EXPLOITATION OF
CHILDREN.
Section 2251 of title 18, United States Code, is amended --
(1) in subsection (a), by striking out "subsection (c)" and
inserting in lieu thereof "subsection (d)";
(2) in subsection (b), by striking out "subsection (c)" and
inserting in lieu thereof "subsection (d)";
(3) by inserting after subsection (b) the following:
"(c)(1) Any person who, in a circumstance described in paragraph (2),
knowingly makes, prints, or publishes, or causes to be made, printed, or
published, any notice or advertisement seeking or offering --
"(A) to receive, exchange, buy, produce, display, distribute,
or reproduce, any visual depiction, if the production of such
visual depiction involves the use of a minor engaging in sexually
explicit conduct and such visual depiction is of such conduct; or
"(B) participation in any act of sexually explicit conduct by
or with any minor for the purpose of producing a visual depiction
of such conduct;
shall be punished as provided under subsection (d).
"(2) The circumstance referred to in paragraph (1) is that --
"(A) such person knows or has reason to know that such notice
or advertisement will be transported in interstate or foreign
commerce or mailed; or
"(B) such notice or advertisement is transported in interstate
or foreign commerce or mailed"; and
(4) by redesignating subsection (c) as subsection (d).
SEC. 3. TRANSPORTATION OF CHILDREN FOR PURPOSES OF SEXUAL
EXPLOITATION.
Section 2251(a) of title 18, United States Code, is amended by
inserting ", or who transports any minor in interstate or foreign
commerce, or in any Territory or Possession of the United States, with
the intent that such minor engage in," after "assist any other person to
engage in,".
SEC. 4. CLARIFICATION OF MEANING OF VISUAL DEPICTION.
Section 2255 of title 18, United States Code, is amended --
(1) by striking out "and" at the end of paragraph (3);
(2) by striking out the period at the end of paragraph (4) and
inserting "; and" in lieu thereof; and
(3) by adding at the end the following:
"(5) 'visual depiction' includes undeveloped film and
videotape.".
SEC. 5. MANN ACT AMENDMENTS.
(a) CHAPTER HEADING. -- (1) The heading for chapter 117 of title 18,
United States Code, is amended to read as follows:
(2) The table of chapters for part I of title 18, United States Code,
is amended so that the item relating to chapter 117 reads as follows:
"117. Transportation for illegal sexual activity and related
crimes.".
(b) REVISION OF OFFENSE PROVISIONS. -- (1) Chapter 117 of title 18,
United States Code, is amended by striking out section 2421 and all that
follows through section 2423 and inserting in lieu thereof the
following:
"Section 2421. "18 USC 2421" Transportation generally
"Whoever knowingly transports any individual in interstate or foreign
commerce, or in any Territory or Possession of the United States, with
intent that such individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal offense,
shall be fined under this title or imprisoned not more than five years,
or both.
"Section 2422. "18 USC 2422" Coercion and enticement
"Whoever knowingly persuades, induces, entices, or coerces any
individual to travel in interstate or foreign commerce, or in any
Territory or Possession of the United States, to engage in prostitution,
or in any sexual activity for which any person can be charged with a
criminal offense, shall be fined under this title or imprisoned not more
than five years, or both.
"Section 2423. "18 USC 2423" Transportation of minors
"Whoever knowingly transports any individual under the age of 18
years in interstate or foreign commerce, or in any Territory or
Possession of the United States, with intent that such individual engage
in prostitution, or in any sexual activity for which any person can be
charged with a criminal offense, shall be fined under this title or
imprisoned not more than ten years, or both.".
(2) The table of sections at the beginning of chapter 117 of title
18, United States Code, is amended so that the item relating to section
2422 reads as follows:
"2422. Coercion and enticement.".
(c) GENDER-NEUTRAL AMENDMENTS TO SECTION 2424. -- (1) Section 2424
of title 18, United States Code, is amended --
"(1) by striking out "female" in the heading for such section
and inserting "individual" in lieu thereof;
"(2) by striking out "woman or girl" each place it appears and
inserting "individual" in lieu thereof;
"(3) by striking out "she" each place it appears and inserting
"that individual" in lieu thereof;
"(4) by striking out "her" each place it appears and inserting
"that individual's" in lieu thereof;
"(5) by striking out "him" each place it appears and inserting
"that person"; and
"(6) by striking out "his" and inserting "that person's".
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.R. 5560:
HOUSE REPORTS: No. 99-910 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-627, 100 Stat. 3508
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3726 of
title 31, United States Code, is amended --
(1) in subsection (a) by striking out the first sentence and
insert in lieu thereof the following: "A carrier or freight
forwarder presenting a bill for transporting an individual or
property for the United States Government may be paid before the
Administrator of General Services conducts an audit, in accordance
with regulations that the Administrator shall prescribe.";
(2) by redesignating subsections (c) and (d) as subsections (f)
and (g), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
"(c) Expenses of transportation audit contracts and contract
administration shall be financed from overpayments collected from
carriers on transportation bills paid by the Government and other
similar type refunds at not to exceed 40 percent of such collections
annually. Payment to any contractor shall not exceed 50 percent of the
overpayments identified by any contract audit.
"(d) At least annually, and as determined by the Administrator, after
making adequate provision for expenses of refunds to carriers,
transportation audit contracts, and contract administration authorized
in subsection (c), the balance of the overpayments collected by the
General Services Administration shall be transferred to miscellaneous
receipt of the Treasury. A report of receipts, disbursements, and
transfers (to miscellaneous receipts) pursuant to this section shall be
made annually in connection with the budget estimates to the Director of
the Office of Management and Budget and to the Congress.
"(e) The Administrator may delegate any authority conferred by this
section to another agency or agencies if the Administrator determines
that such a delegation would be cost-effective or otherwise in the
public interest."
Sec. 2. (a) Within 60 days after the date of enactment of this Act,
"31 USC 3726 note" the Administrator of General Services shall establish
a task force to study and investigate the feasibility, desirability, and
economy of an integrated, automated system that Federal agencies may use
in managing the transportation of property for the United States.
(b) The task force established under subsection (a) shall --
(1) be chaired by a representative of the Administrator;
(2) include representatives of the Department of Defense and
other Federal agencies significantly involved in the
transportation of property for the United States; and
(3) solicit the views of private businesses with expertise in
the matters being considered by the task force.
(c) In studying and investigating the integrated, automated system,
the task force shall consider including in that system such elements as
automated routing, rating, documentation, payment, and auditing.
(d) Each department, agency, and instrumentality of the Federal
Government shall furnish to the task force, upon its request, such data,
reports, and other information (not otherwise prohibited by law) as the
task force deems necessary to carry out its functions under this
section.
(e) The head of each such department, agency, and instrumentality may
provide to the task force such services and personnel as the task force
requests on such basis (reimbursable or otherwise) as may be agreed upon
between such department, agency, or instrumentality and the task force.
(f) The task force shall submit a final report on the results of its
study and investigation to the Congress not later than July 1, 1988.
SEC. 3. (a) Section 402(a)(1) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 512(a)(1)) is amended by
striking out "; but in no event shall any property be sold without a
condition forbidding its importation into the United States, unless the
Secretary of Agriculture (in the case of any agricultural commodity,
food, or cotton or woolen goods) or the Secretary of Commerce (in the
case of any other property) determines that the importation of such
property would relieve domestic shortages or otherwise be beneficial to
the economy of this country".
(b) Applications pending before the Secretary of Commerce or the "40
USC 512 note" Secretary of Agriculture on, or received after, the date
of enactment of this Act for authorization to import property under
section 402(a)(1) of the Federal Property and Administrative Services
Act of 1949 shall be returned without action, and applicants shall be
informed in writing that authorization is no longer required after such
date.
(c) The amendment made by subsection (a) "40 USC 512 note" shall not
affect any civil or criminal proceeding instituted by the United States
prior to the date of enactment of this Act.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.R. 5420 (S. 2630):
HOUSE REPORTS: No. 99-932 (Comm. on Government Operations).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed
House. Oct. 18, considered and passed Senate.
Public Law 99-626, 100 Stat. 3504
Code, relating to recreational boating safety; 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. "46 USC 13101 note" SHORT TITLE.
This act may be cited as the "Recreational Boating Safety Act of
1986".
SEC. 2. REPORT.
(a) Prior to February 1, 1987, the Secretary shall submit a report to
Congress relating to the use of alcohol-blended gasoline in recreational
vessels including the following:
(1) the results of (1) testing performed and (2) a review of
fire and explosion boating incidents, under the recreational
boating safety program of the Coast Guard.
(2) a survey of published test data performed in the private
sector.
(3) a listing of sales of alcohol-blended gasoline by State and
type of alcohol.
(4) a listing of State requirements for labeling of
alcohol-blended gasoline including type of alcohol, percent of
alcohol, label requirements, alcohol test standards, enforcement
and compliance measures, and any other relevant data.
(5) an assessment of State labeling requirements in promoting
recreational boating safety and in providing information to the
consumer regarding alcohol-blended gasoline.
(6) a listing of Federally mandated requirements that require
labeling of alcohol-blended gasoline or regulate or concern the
use of alcohol in gasoline.
(7) a recommendation on how to promote recreational boating
safety or advance consumer information regarding the use of
alcohol-blended gasoline.
(8) any other relevant data or information.
(b) The Secretary shall consult with appropriate agencies and the
National Boating Safety Advisory Council in preparing the report
required under this section. If possible, the Secretary shall, under
section 13110(b)(2) of title 46, United States Code, appoint members of
the general public having knowledge, experience, or expertise with
alcohol-blended fuels to a panel of the Council for the purpose of
advising the Secretary regarding this report.
SEC. 3. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
(a) TERMINATION DATE. -- (1) Section 13110 of title 46, United
States Code, is amended by inserting at the end the following new
subsection:
"(e) The Council shall terminate on September 30, 1991."
(b) CHANGE IN MEMBERSHIP. -- (1) Section 13110(a) of title 46,
United States Code, is amended --
(A) by striking "not more than"; and
(B) by inserting "recreational" after "experience in";
(2) Paragraph (1) of section 13110(b) of title 46, United States
Code, is amended to read as follows:
"(1) The membership of the Council shall consist of --
"(A) 7 members from State officials responsible for State
boating safety programs;
"(B) 7 members from recreational vessel manufacturers and
associated equipment manufacturers; and
"(C) 7 members from national recreational boating organizations
and from the general public, at least 5 of whom shall be members
from national recreational boating organizations.".
(3) The Secretary of Transportation shall carry out the "46 USC 13110
note" amendments made by paragraph (2) as vacancies in the membership of
the National Boating Safety Advisory Council occur.
SEC. 4. TECHNICAL AMENDMENTS.
(a) Section 13102(a) of title 46, United States Code, is amended by
striking "Fund established under section 13107 of this title" and
inserting "Boat Safety Account established by section 9504 of the
Internal Revenue Code of 1954.". "26 USC 9504"
(b) Section 13102(a)(4) of title 46, United States Code, is amended
by inserting "out" after "carrying".
(c) Section 13106(b) of title 46, United States Code, is amended by
striking "may" the second place it appears and inserting "shall" and by
striking "or" in paragraph (8) and inserting "and".
SEC. 5. CONVEYANCE AGREEMENT PROVISIONS.
(a) Under the agreement dated December 9, 1977 between the Commandant
of the Coast Guard and Koniag, Incorporated, a regional native
corporation, pursuant to Public Law 92-203 (a copy of which is recorded
beginning at book 44, page 179 of the Kodiak Recording District, Kodiak,
Alaska) and any conveyance made under that agreement, the rights or
title conveyed to Koniag, Incorporated, shall be construed to include
the following:
(1) Under the agreement, welding or other equipment or
machinery may be operated or maintained on lands conveyed to
Koniag, Incorporated, if the equipment or machinery does not cause
harmful electromagnetic interference with the Coast Guard Holiday
Beach receiver site or is operated and maintained under terms and
conditions mutually agreeable to the Coast Guard and Koniag,
Incorporated. Harmful electromagnetic interference is defined as
radio frequency signals which disrupt or degrade communications
reception performance.
(2) The conveyance of the "old shipyard" includes the wharf and
all lands of any nature beneath the wharf.
(3) An access and utility easement is intended as part of the
conveyance for parcel 2, known as Cliff Point, which consists of
--
(A) a 100-foot wide access easement along the existing access
road or a location that is mutually agreeable to the Coast Guard
and Koniag, Incorporated, and includes the right to construct and
operate an access road, bridges, guard rails, and other associated
improvements; and
(B) a 40-foot wide utility easement adjacent to the access
easement in paragraph (3)(A) of this subsection or a location that
is mutually agreeable to the Coast Guard and Koniag, Incorporated.
(4) The construction, maintenance, and operation of a dock
facility or location of any structure or thing on the premises
described in section (c) of schedule 4 of the agreement is not
inconsistent with the easement for the barge landing easement and
access to and from the barge landing area reserved by the United
States Government (hereinafter referred to in this paragraph as
the "Government"), if the dock facility is constructed or the
structure or thing is located as approved by the Government.
Approval by the Government is deemed to be granted if a proposal
for the construction and location of the dock facility, structure,
or thing is submitted to the Government and --
(A) the Government does not respond within 60 days of receipt
of the proposal; or
(B) if a response with recommendations for modification is
submitted by the Government within 60 days of receipt of the
proposal, the proposal is modified in a manner necessary to
reasonably satisfy the requirements of the Government --
(i) to use the dock facility for a barge landing area as
contemplated by the easement; and
(ii) to permit access to and from the barge loading area to
public highways for the transportation of materials as specified
in Agreement.
(b) All rights or conveyances confirmed by this section are subject
to the sanctions in the Agreement referred to in subsection (a).
(c) The Commandant of the Coast Guard or other appropriate Federal
officer shall issue the appropriate corrective conveyance and perform
any other appropriate ministerial or official act necessary to carry out
the purposes of this section within 60 days after the date of enactment
of this section.
SEC. 6. "16 USC 1456a note" AUTHORITY TO MAKE LOANS.
The authority of the Secretary of Commerce to make loans under
paragraph (1) of subsection (d) of section 308 of the Coastal Zone
Management Act of 1972 (Public Law 92-583, 16 U.S.C. 1451, et seq.) as
amended, shall extend to September 30, 1987, for loans made to eligible
States or units pursuant to and in accord with agreements entered into
between the Secretary and any State prior to September 30, 1986, that
provided for a total sum of loans to be made to that State or its units,
but such loan authority shall be limited to $7,000,000.
SEC. 7. AMENDMENT TO THE COASTAL ZONE MANAGEMENT ACT OF 1972.
Section 318 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1464) is amended by adding at the end thereof the following:
"(d) The amount of any grant, or portion of a grant, made to a State
under any section of this Act which is not obligated by such State
during the fiscal year, or during the second fiscal year after the
fiscal year, for which it was first authorized to be obligated by such
State shall revert to the Secretary. The Secretary shall add such
reverted amount to those funds available for grants under the section
for such reverted amount was originally made available.".
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.R. 4731:
HOUSE REPORTS: No. 99-968 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed
House. Oct. 18, considered and passed Senate, amended; House concurred
in Senate amendments.
Public Law 99-625, 100 Stat. 3500
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 1536 note" TRANSLOCATION OF CALIFORNIA SEA
OTTERS.
(a) DEFINITIONS. -- For purposes of this section --
(1) The term "Act" means the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.)
(2) The term "agency action" has the meaning given that term in
section 7(a)(2) of the Act. "16 USC 1536"
(3) The term "experimental population" means the population of
sea otters provided for under a plan developed under subsection
(b).
(4) The phrase "parent population" means the population of sea
otters existing in California on the date on which proposed
regulations setting forth a proposed plan under subsection (b) are
issued.
(5) The phrase "prospective action" refers to any prospective
agency action that --
(A) may affect either the experimental population or the parent
population; and
(B) has evolved to the point where meaningful consultation
under section 7(a)(2) or (3) of the Act can take place.
(6) The term "Secretary" means the Secretary of the Interior.
(7) The term "Service" means the United States Fish and
Wildlife Service.
(b) PLAN SPECIFICATIONS. -- The Secretary may develop and implement,
in accordance with this section, a plan for the relocation and
management of a population of California sea otters from the existing
range of the parent population to another location. The plan, which
must be developed by regulation and administered by the Service in
cooperation with the appropriate State agency, shall include the
following:
(1) The number, age, and sex of sea otters proposed to be
relocated.
(2) The manner in which the sea otters will be captured,
translocated, released, monitored, and protected.
(3) The specification of a zone (hereinafter referred to as the
"translocation zone") to which the experimental population will be
relocated. The zone must have appropriate characteristics for
furthering the conservation of the species.
(4) The specification of a zone (hereinafter referred to as the
"management zone") that --
(A) surrounds the translocation zone; and
(B) does not include the existing range of the parent
population or adjacent range where expansion is necessary for the
recovery of the species.
The purpose of the management zone is to (i) facilitate the
management of sea otters and the containment of the experimental
population within the translocation zone, and (ii) to prevent, to
the maximum extent feasible, conflict with other fishery resources
within the management zone by the experimental population. Any
sea otter found within the management zone shall be treated as a
member of the experimental population. The Service shall use all
feasible non-lethal means and measures to capture any sea otter
found within the management zone and return it to either the
translocation zone or to the range of the parent population.
(5) Measures, including an adequate funding mechanism, to
isolate and contain the experimental population.
(6) A description of the relationship of the implementation of
the plan to the status of the species under the Act and to
determinations of the Secretary under section 7 of the Act. "16
USC 1536"
(c) STATUS OF MEMBERS OF THE EXPERIMENTAL POPULATION. -- (1) Any
member of the experimental population shall be treated while within the
translocation zone as a threatened species for purposes of the Act,
except that --
(A) section 7 of the Act shall only apply to agency actions
that --
(i) are undertaken within the translocation zone,
(ii) are not defense-related agency actions, and
(iii) are initiated after the date of the enactment of this
section; and
(B) with respect to defense-related actions within the
translocation zone, members of the experimental population shall
be treated as members of a species that is proposed to be listed
under section 4 of the Act. "16 USC 1533"
For purposes of this paragraph, the term "defense-related agency action"
means an agency action proposed to be carried out directly by a military
department.
(2) For purposes of section 7 of the Act, any member of the
experimental population shall be treated while within the management
zone as a member of a species that is proposed to be listed under
section 4 of the Act. Section 9 of the Act "16 USC 1538" applies to
members of the experimental population; except that any incidental
taking of such a member during the course of an otherwise lawful
activity within the management zone, may not be treated as a violation
of the Act or the Marine Mammal Protection Act of 1972. "16 USC 1361
note"
(d) IMPLEMENTATION OF PLAN. -- The Secretary shall implement the
plan developed under subsection (b) --
(1) after the Secretary provides an opinion under section 7(b)
of the Act regarding each prospective action for which
consultation was initiated by a Federal agency or requested by a
prospective permit or license applicant before April 1, 1986; or
(2) if no consultation under section 7(a)(2) or (3) regarding
any prospective action is initiated or requested by April 1, 1986,
at any time after that date.
(e) CONSULTATION AND EFFECT OF OPINION. -- A Federal agency shall
promptly consult with the Secretary, under section 7(a)(3) of the Act,
at the request of, and in cooperation with, any permit or license
applicant regarding any prospective action. The time limitations
applicable to consultations under section 7(a)(2) of the Act apply to
consultations under the preceding sentence. In applying section 7(b)(
3)(B) with respect to an opinion on a prospective action that is
provided after consultation under section 7(a)(3), that opinion shall be
treated as the opinion issued after consultation under section 7(a)( 2)
unless the Secretary finds, after notice and opportunity for comment in
accordance with section 553 of title 5, United States Code, that a
significant change has been made with respect to the action or that a
significant change has occurred regarding the information used during
the initial consultation. The interested party may petition the
Secretary to make a finding under the preceding sentence. The Secretary
may implement any reasonable and prudent alternatives specified in any
opinion referred to in this subsection through appropriate agreements
with any such Federal agency, prospective permit or license applicant,
or other interested party.
(f) CONSTRUCTION. -- For purposes of implementing the plan, no act
by the Service, an authorized State agency, or an authorized agent of
the Service or such an agency with respect to a sea otter that is
necessary to effect the relocation or management of any sea otter under
the plan may be treated as a violation of any provision of the Act or
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. ATCHAFALAYA NATIONAL WILDLIFE REFUGE.
Section 303 of the Act entitled "An Act to extent the Wetlands Loan
Act", "98 Stat. 2776" approved October 26, 1984 (16 U.S.C. 668dd note),
is amended --
(1) by striking out "minor" in subsection (a)(2); and
(2) by striking out "Public Law 98-396" in subsection (b) "98
Stat. 1369" and inserting "appropriations Acts".
SEC. 3. DUCK STAMP ACT.
The first sentence of section 2(b) of the Act of March 16, 1934 (16
U.S.C. 718b), commonly known as the Duck Stamp Act, is amended by
inserting "available for obligation and" before "attributable to".
SEC. 4. CONVEYANCE OF FISH HATCHERY TO STATE OF NEW HAMPSHIRE.
Notwithstanding any other law, the Secretary of the Interior and the
Secretary of Agriculture shall convey, without reimbursement, to the
State of New Hampshire no later than December 31, 1986, all of the
right, title, and interest including the water rights, of the United
States in and to the fish hatchery property located in the northwest
corner of Berlin township in the White Mountain National Forest, New
Hampshire, and known as the Berlin National Fish Hatchery, consisting of
510 acres, more or less, of land together with any improvements and
related personal property thereon. The property conveyed shall be used
by the New Hampshire Fish and Game Department as a part of the New
Hampshire fishery resources management program and if it is used for any
other purpose, title to such property shall revert to the United States.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.R. 4531:
HOUSE REPORTS: No. 99-679 (Comm. on Merchant Marine and Fisheries).
SENATE REPORTS: No. 99-475 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 9, considered and
passed House. Oct. 3, considered and passed Senate, amended. Oct. 14,
House concurred in Senate amendment with amendments. Oct. 18, Senate
concurred in House amendments.
Public Law 99-624, 100 Stat. 3497
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that as the Nation approaches October 14, 1990,
marking the 100th anniversary of the birth of Dwight David Eisenhower,
it is appropriate to establish a national commission to contribute to
the commemoration of that anniversary.
SEC. 2. ESTABLISHMENT.
There is established the Dwight David Eisenhower Centennial
Commission (hereinafter in this Act referred to as the "Commission").
SEC. 3. DUTIES.
The Commission shall --
(1) in cooperation with the Eisenhower World Affairs Institute
in the District of Columbia, the Eisenhower Foundation in Abilene,
Kansas, and such other public or private entities as the
Commission considers appropriate, encourage, plan, develop, and
coordinate observances and activities commemorating the centennial
of the birth of Dwight David Eisenhower; and
(2) submit recommendations to Congress relating to a joint
meeting of both Houses of Congress to commemorate that centennial.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT. -- The Commission shall be composed of
--
(1) the President pro tempore of the Senate;
(2) the Speaker of the House of Representatives;
(3) 6 members of the Senate appointed by the President pro
tempore of the Senate (of whom 3 shall be upon recommendation of
the majority leader of the Senate and 3 shall be upon
recommendation of the minority leader of the Senate);
(4) 6 members of the House of Representatives appointed by the
Speaker of the House of Representatives (of whom 3 shall be upon
recommendation of the majority leader of the House of
Representatives and 3 shall be upon recommendation of the minority
leader of the House of Representatives);
(5) 6 members appointed by the President; and
(6) the Archivist of the United States or his delegate.
A vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(b) TERMS. -- (1) Except as provided in paragraph (2), members of
the Commission shall be appointed for the life of the Commission.
(2) If any member of the Commission who was appointed as a Member of
Congress or an officer in the executive branch ceases to be such a
Member or officer, that individual may continue as a member of the
Commission for not longer than the 30-day period beginning on the date
such individual ceases to be such a Member or officer.
(c) PAY; EXPENSES. -- (1) Members of the Commission shall serve
without pay.
(2) Subject to the availability of appropriations, while away from
their homes or regular places of business in the performance of services
for the Commission, members shall be allowed travel expenses, including
a per diem allowance in lieu of subsistence, in the same manner as
persons serving intermittently in Government service are allowed travel
expenses under section 5703 of title 5, United States Code.
(d) QUORUM. -- Eleven members of the Commission shall constitute a
quorum.
(e) CHAIR AND VICE CHAIR. -- Members of the Commission shall select
a chair and a vice chair from among its members.
(f) MEETINGS. -- (1) Except as provided in paragraph (2), the
Commission shall meet at the call of the chair or a majority of its
members.
(2) The first meeting of the Commission shall be called by the
Speaker of the House of Representatives and the President pro tempore of
the Senate within 6 months after the date of the enactment of this Act.
SEC. 5. POWERS.
(a) EXECUTIVE DIRECTOR AND STAFF. -- (1) The Commission may accept
the services of an executive director and staff personnel only as
provided in subsection (b)(1).
(2) Any individual providing services under paragraph (1) may be
afforded travel expenses (including a per diem allowance in lieu of
subsistence) subject to the same terms and conditions as apply under
section 4(c)(2).
(b) DONATIONS. -- (1) The Commission may accept, use, and dispose of
gifts or donations of money, property, or personal services.
(2)(A) Any books, manuscripts, miscellaneous printed matter,
memorabilia, relics, or other materials donated to the Commission which
relate to the life of Dwight David Eisenhower --
(i) may be deposited for preservation in the Dwight D.
Eisenhower Library in Abilene, Kansas; or
(ii) subject to subparagraph (B), may otherwise be disposed of
by the Commission in consultation with the Librarian of Congress
and the Secretary of the Smithsonian Institution.
(B) Materials may not be disposed of under subparagraph (A)(ii)
without the consent of the Dwight D. Eisenhower Library.
(c) POWERS OF MEMBERS AND AGENTS. -- Any member or grant of the
Commission may, if so authorized by the Commission, take any action
which the Commission is authorized to take under this Act.
(d) MAILS. -- The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. REPORTS.
(a) INTERIM REPORTS. -- The Commission shall transmit interim
reports to the President and each House of Congress no later than
December 31 of each year. Each such report shall include a description
of the activities of the Commission during the year covered by the
report, an accounting of any funds received or expended by the
Commission during such year, and recommendations for any legislation or
administrative action which the Commission considers appropriate.
(b) FINAL REPORT. -- The Commission shall transmit a final report to
the President and each House of Congress no later than December 31,
1990. Such report shall include an accounting of any funds received or
expended, and the disposition of any other properties, not previously
reported.
SEC. 7. TERMINATION.
(a) DATE. -- The Commission shall terminate on such date as the
Commission may determine, but not later than December 31, 1990.
(b) DISPOSITION OF FUNDS AND PROPERTY. -- (1) Any funds held by the
Commission on the date the Commission terminates shall be deposited in
the general fund of the Treasury.
(2) Any property, other than funds, held by the Commission on the
date the Commission terminates shall be transferred to any department or
agency of the United States authorized to accept donations of property,
subject to the provisions of section 5(b)(2) (if and to the extent that
such provisions apply to the property involved).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $50,000 for fiscal year 1987
to carry out this Act. Any amount so appropriated shall remain
available until expended.
Approved November 7, 1986.
LEGISLATIVE HISTORY -- H.R. 4302:
HOUSE REPORTS: No. 99-842 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and
passed House. Oct. 18, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22, (1986): Nov.
7, Presidential statement.
Public Law 99-623, 100 Stat. 3496
Whereas on October 10, 1986, El Salvador suffered a devastating
earthquake resulting in heavy loss of life and injuries to many of its
citizens;
Whereas the prolonged and extreme hardship of the people of El
Salvador as a result of civil conflict has been deepened by this natural
disaster;
Whereas the assistance of many governments, as well as international
and nongovernmental organizations, for the people of El Salvador has
been prompt and generous;
Whereas Secretary of State George Shultz will visit El Salvador
during this emergency in order to convey the solidarity and friendship
which link the peoples of our two nations: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Government of the
United States, on behalf of the citizens of the United States, extends
to the people and Government of El Salvador our most profound sympathies
in this time of tragedy.
SEC. 2. The President should provide all appropriate relief and
rehabilitation assistance to help prevent further loss of life,
alleviate suffering, and safeguard the public health in El Salvador.
SEC. 3. The United States, in consultation with the Government of El
Salvador, is prepared to cooperate with El Salvador in long-term efforts
to recover from the effects of the earthquake.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 427:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 15, considered and
passed Senate. Oct. 16, considered and passed House.
Public Law 99-622, 100 Stat. 3495
Whereas the crew of the space shuttle Challenger was dedicated to
stimulating the interest of American children in space flight and
science generally;
Whereas the members of that crew gave their lives trying to benefit
the education of American children;
Whereas a fitting tribute to that effort and to the sacrifice of the
Challenger crew and their families is needed; and
Whereas an appropriate form for such tribute would be to expand
educational opportunities in science by the creation of a center that
will offer children and teachers activities and information derived from
American space research: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That it is the sense of
Congress that --
(1) a Children's Challenge Center for Space Science should be
established in conjunction with the Smithsonian Institution as a
living memorial to the seven Challenger astronauts who died
serving their country and to other individuals who gave their
lives in exploration of the space frontier; and
(2) the Federal Government should, along with public and
private organizations and persons, cooperate in the establishment
of such a Center.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 336:
SENATE REPORTS: No. 99-502 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed
Senate. Oct. 17, considered and passed House, amended. Oct. 18, Senate
concurred in House amendment.
Public Law 99-621, 100 Stat. 3494
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in accordance with
section 5581 of the Revised Statutes of the United States (20 U.S.C.
43), the vacancy on the Board of Regents of the Smithsonian Institution,
in the class other than Members of Congress, occuring by reason of the
expiration of the term of Murray Gell-Mann of California, is filled by
reappointment of the incumbent for a term of six years, effective August
30, 1986.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 268:
SENATE REPORTS: No. 99-517 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 3, considered and passed
Senate. Oct. 14, considered and passed House, amended. Oct. 18, Senate
concurred in House amendment.
Public Law 99-620, 100 Stat. 3493
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF MEMORIAL.
(a) IN GENERAL. -- Subject to subsection (c), "40 USC 1003 note" the
organizations specified in subsection (b) are authorized jointly to
establish a memorial on Federal land in the District of Columbia or its
environs to honor members of the American Armored Force who have served
in armored units. The memorial shall commemorate the exceptional
professionalism of the members of the American Armored Force and their
efforts to maintain peace worldwide.
(b) ORGANIZATIONS. -- The organizations referred to in subsection
(a) are: the Armored Force Monument Committee, the United States Armor
Association, the United States Field Artillery Association, the World
Wars Tank Corps Association, the Veterans of the Battle of the Bulge,
the 11th Armored Cavalry Regiment Association, the Tank Destroyer
Association, the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th,
12th, 13th, 14th, and 16th Armored Division Associations, the Council of
Armored Division Associations, and the National Association of Uniformed
Services.
(c) STANDARDS. -- The memorial shall be established in accordance
with the standards set forth in H.R. 4378, as passed by the Senate with
amendments on September 10, 1986, and further amended by the House of
Representatives on September 29, 1986, except that section 6(b)(1) of
H.R. 4378 shall not apply to the memorial.
SEC. 2. PAYMENT OF EXPENSES.
The United States shall not pay any expense of establishment of the
memorial.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 43:
SENATE REPORTS: No. 99-127 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 20, considered and
passed Senate. Vol. 132 (1986): Oct. 16, considered and passed House,
amended. Oct. 17, Senate concurred in House amendment.
Public Law 99-619, 100 Stat. 3491
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act may be cited as the "Department of Labor
Executive Level Conforming Amendments of 1986".
SEC. 2. (a)(1) Section 1 of the Act of April 17, 1946 (60 Stat. 91;
29 U.S.C. 552), as amended, is amended by striking out "Under" wherever
it appears in such section and inserting in lieu thereof "Deputy".
(2) Section 5313 of title 5, United States Code, is amended by
inserting at the end thereof:
"Deputy Secretary of Labor.".
(3) Section 5314 of title 5, United States Code, is amended by
striking:
"Under Secretary of Labor.".
(4) Any reference to the Under Secretary of Labor in any law, "29 USC
552 note" rule, regulation, certificate, directive, or other document in
force on the date of enactment of this Act shall be deemed to refer and
apply to the Deputy Secretary of Labor.
(b)(1) Section 2 of the Act of April 17, 1946 (60 Stat. 91; 29 U.S.
C. 553), as amended, is amended by striking out "five" in the first
sentence of such section and inserting in lieu thereof "nine".
(2) Section 5315 of title 5, United States Code, is amended by
striking:
"Assistant Secretaries of Labor (5)."
and substituting therefor:
"Assistant Secretaries of Labor (10), one of whom shall be the
Assistant Secretary of Labor for Veterans' Employment and
Training.".
(3) Any reference in any law, regulation, certificate, directive, or
"29 USC 553 note" other document to the Assistant Secretary of Labor for
Veterans' Employment in force on the date of enactment of this Act shall
be deemed to be a reference to the Assistant Secretary of Labor for
Veterans' Employment and Training.
(c)(1) Section 3 "5 USC app" of Reorganization Plan No. 6 of 1950 is
repealed.
(2) Section 5316 of title 5, United States Code, is amended by
striking:
"Assistant Secretary of Labor for Administration.".
(d) Section 5316 of title 5, United States Code, is amended by
striking:
"Assistant Secretary of Labor for Veterans' Employment.".
(e) Subsection (c) of this section "5 USC 5316 note" shall become
effective on the day upon which the individual who is the incumbent of
the position abolished by such subsection, as of the date of enactment,
ceases to hold the position.
(f)(1) The incumbent in the position of Under Secretary of Labor on
the date of enactment of this Act "29 USC 552 note" may serve as Deputy
Secretary of Labor at the pleasure of the President after such date and
the amendments made by subsection (a)(2) shall apply to such incumbent.
(2) The incumbent in the position of Assistant Secretary of Labor "29
USC 553 note" for Veterans' Employment on the date of enactment of this
Act may serve as Assistant Secretary of Labor for Veterans' Employment
and Training at the pleasure of the President after such date and the
amendments made by subsection (b)(2) shall apply to such incumbent.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S. 2864:
SENATE REPORTS: No. 99-484 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and
passed Senate. Oct. 16, considered and passed House.
Public Law 99-618, 100 Stat. 3490
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) notwithstanding
section 16 of the Federal Airport Act (as in effect on May 14, 1947),
the Secretary of Transportation is authorized, subject to section 4 of
the Act of October 1, 1949 (50 U.S.C. App. 1622c) and subsection (b) of
this section, to grant releases from any of the terms, conditions,
reservations, and restrictions contained in the deed of conveyance dated
May 14, 1947, under which the United States conveyed certain property in
Newport News, and York County, Virginia, to the Peninsula Airport
Commission for airport purposes.
(b) Any release granted by the Secretary of Transportation under
subsection (a) of this section shall be subject to the following
conditions --
(1) The Peninsula Airport Commission shall agree that in
leasing or conveying any interest in the property which the United
States conveyed to such Commission by the deed described in
subsection (a), the Commission will receive an amount for such
interest which is equal to the fair lease value or the fair market
value, as the case may be (as determined pursuant to regulations
issued by the Secretary).
(2) Any amount so received by the Peninsula Airport Commission
shall be used by the Commission for the development, improvement,
operation, or maintenance of a public airport.
(3) Any release granted by the Secretary of Transportation
under subsection (a) of this section may not apply to more than
7.5 acres of real property.
(4) The Peninsula Airport Commission may not lease or convey
any interest in any of the property which the United States
conveyed to such Commission by the deed described in subsection
(a), to any person or business concern other than the City of
Newport News, Virginia.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S. 2852 (H.R. 5379):
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, H.R. 5379
considered and passed House. Oct. 9, S. 2852 considered and passed
Senate, amended. Oct. 17, considered and passed House.
Public Law 99-617, 100 Stat. 3488
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONSTRUCTION OF CHARLES MCC. MATHIAS, JR. LABORATORY "20
USC 50 note" FOR ENVIRONMENTAL RESEARCH.
(a) CONSTRUCTION AUTHORIZATION. -- The Board of Regents of the
Smithsonian Institution is authorized to construct the Charles McC.
Mathias, Jr. Laboratory for Environmental Research.
(b) LOCATION. -- The Charles McC. Mathias, Jr. Laboratory for
Environmental Research shall be located at the Smithsonian Environmental
Research Center, a bureau of the Smithsonian Institution, located at
Edgewater, Maryland.
(c) AUTHORIZATION OF APPROPRIATIONS. -- Effective October 1, 1986,
there is authorized to be appropriated to the Board of Regents of the
Smithsonian Institution $1,000,000 to carry out the purposes of this
section.
(d) TRANSFER OF FUNDS. -- Any portion of the sums appropriated to
carry out the purposes of this section may be transferred to the General
Services Administration which, in consultation with the Smithsonian
Institution, is authorized to enter into contracts and take such other
action, to the extent of the sums so transferred to it, as may be
necessary to carry out such purposes.
SEC. 2. NAMING OF GENE SNYDER UNITED STATES COURTHOUSE AND
CUSTOMHOUSE.
(a) DESIGNATION OF BUILDING. -- The United States Courthouse and
Customhouse at 601 West Broadway, Louisville, Kentucky, shall be known
and designated as the "Gene Snyder United States Courthouse and
Customhouse".
(b) LEGAL REFERENCES. -- Each reference in a law, map, regulation,
document, record, or other paper of the United States to such building
shall be deemed to be a reference to the "Gene Snyder United States
Courthouse and Customhouse".
(c) EFFECTIVE DATE. -- Subsections (a) and (b) of this section shall
take effect on January 4, 1987.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S. 1311:
SENATE REPORTS: No. 99-414 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 15, considered and
passed Senate. Oct. 16, considered and passed House, amended. Oct. 18,
Senate concurred in House amendments.
Public Law 99-616, 100 Stat. 3485
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act "35 USC
351 note" may be cited as the "Act to authorize the United States to
participate in chapter II of the Patent Cooperation Treaty". "28 UST
7645"
SEC. 2. (a) Section 351(a) of title 35, United States Code, is
amended by striking out ", excluding chapter II thereof".
(b) Section 351(b) of title 35, United States Code, is amended by
striking out "excluding part C thereof".
(c) Section 351(g) of title 35, United States Code, is amended by --
(1) striking out "term" and inserting in lieu thereof "terms";
(2) inserting "and 'International Preliminary Examining
Authority'" after "Authority"; and
(3) striking out "means" and inserting in lieu thereof "mean".
(d) Section 361(d) of title 35, United States Code, is amended to
read as follows:
"(d) The international fee, and the transmittal and search fees
prescribed under section 376(a) of this part, shall either be paid on
filing of an international application or within such later time as may
be fixed by the Commissioner.".
SEC. 3. The item relating to section 362 in the analysis for chapter
36 of title 35, United States Code, is amended to read as follows:
"362. International Searching Authority and International
Preliminary Examining Authority.".
SEC. 4. Section 362 of title 35, United States Code, is amended to
read as follows:
"Section 362. International Searching Authority and International
Preliminary Examining Authority
"(a) The Patent and Trademark Office may act as an International
Searching Authority and International Preliminary Examining Authority
with respect to international applications in accordance with the terms
and conditions of an agreement which may be concluded with the
International Bureau, and may discharge all duties required of such
Authorities, including the collection of handling fees and their
transmittal to the International Bureau.
"(b) The handling fee, preliminary examination fee, and any
additional fees due for international preliminary examination shall be
paid within such time as may be fixed by the Commission.".
SEC. 5. Section 364(a) of title 35, United States Code, is amended
by --
(a) striking out "or", first occurrence and inserting in lieu
thereof ",";
(b) inserting "International Preliminary Examining Authority"
after "Authority, or"; and
(c) striking out "both".
SEC. 6. Section 368(c) of title 35, United States Code, is amended
by --
(a) striking out the second occurrence of "or" and inserting in
lieu thereof ",", and
(b) striking out "both" and inserting in lieu thereof
"International Preliminary Examining Authority".
SEC. 7. (a) Section 371(a) of title 35, United States Code, is
amended to read as follows:
"(a) Receipt from the International Bureau of copies of international
applications with any amendments to the claims, international search
reports, and international preliminary examination reports including any
annexes thereto may be required in the case of international
applications designating or electing the United States."
(b) Section 371(b) of title 35, United States Code, is amended to
read as follows:
"(b) Subject to subsection (f) of this section, the national stage
shall commence with the expiration of the applicable time limit under
article 22 (1) or (2), or under article 39(1)(a) of the treaty".
(c) Section 371(c)(4) of title 35, United States Code, is amended by
striking the "." and inserting in lieu thereof ";".
(d) Section 371(c) of title 35, United States Code, is amended by
adding at the end thereof the following new paragraph (5):
"(5) a translation into the English language of any annexes to
the international preliminary examination report, if such annexes
were made in another language.
(e) Section 371(d) of title 35, United States Code, is amended by
adding at the end thereof the following sentence: "The requirement of
subsection (c)(5) shall be complied with at such time as may be fixed by
the Commissioner and failure to do so shall be regarded as cancellation
of the amendments made under article 34(2)(b) of the treaty"
(f) Section 371(e) of title 35, United States Code, is amended by
inserting "or article 41" after "28"
SEC. 8. (a) Section 376(a) of title 35, United States Code, is
amended by --
(1) inserting "and the handling fee" after the first occurrence
of "fee";
(2) striking "amount is" and inserting in lieu thereof "amounts
are",
(3) redesignating paragraph (5) as paragraph (6); and
(4) inserting the following new paragraph (5);
"(5) A preliminary examination fee and any additional fees (see
section 362(b) )."
(b) Section 376(b) of title 35, United States Code, is amended by --
(1) inserting "and the handling fee" after the first occurrence
of "fee" in the first sentence; and
(2) inserting "the preliminary examination fee and any
additional fees," after "fee," in the third sentence.
SEC. 9. Sections 2 through 8 of this Act shall come into force on
the same day as the effective date of entry into force of chapter II "35
USC 351 note" of the Patent Cooperation Treaty with respect to the
United States, by "28 UST 7645" virtue of the withdrawal of the
declaration under article 64(1)(a) of the Patent Cooperation Treaty. It
shall apply to all international applications pending before or after
its effective date.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S. 1230:
SENATE REPORTS: No. 99-275 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 16, considered and
passed Senate. Oct. 17, considered and passed House.
Public Law 99-615, 100 Stat. 3484
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the "16 USC 668dd
note" Loxahatchee National Wildlife Refuge, in the State of Florida,
shall hereafter be known and designated as the "Arthur R. Marshall
Loxahatchee National Wildlife Refuge". Any reference in any law,
regulation, map, document, record, or other paper of the United States
to such wildlife refuge, shall be held and considered to be a reference
to the "Arthur R. Marshall Loxahatchee National Wildlife Refuge".
Approved November 6, 1986
LEGISLATIVE HISTORY -- S. 511 (H.R. 1438):
HOUSE REPORTS: No. 99-535 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, H.R. 1438 considered
and passed House. Oct. 9, considered and passed Senate. Oct. 16,
considered and passed House.
Public Law 99-614, 100 Stat. 3481
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, subject to section
3, the conveyance described in section 2(a) of this Act involving
certain real property in Jackson County, Oregon, forming a part of the
right-of-way granted by the United States to the California and Oregon
Railroad Company under the Act entitled "An Act granting lands to aid in
the construction of a railroad and telegraph line from the Central
Pacific Railroad, in California, to Portland, in Oregon", approved July
25, 1866 (14 Stat. 239), is confirmed in Ernest Pritchett and his wife,
Dianna Pritchett, the grantees in such conveyance, and their successors
in interest, with respect to all interests of the United States in the
rights to the real property described in section 2(b) of this Act.
SEC. 2. (a) The conveyance confirmed by this Act was made by a deed
dated July 23, 1982, by the Southern Pacific Transportation Company to
Ernest Pritchett and his wife, Dianna Pritchett, and recorded on October
20, 1982, in the official records of Jackson County, Document Numbered
82-15174.
(b) The real property referred to in the first section of this Act is
a parcel of land in the northwest quarter of section 26, township 36
south, range 4 west, Willamette meridian, county of Jackson, State of
Oregon, more particularly described as follows:
Commencing at the west quarter corner of such section 26;
thence south 89 degrees 46 minutes 45 seconds east along the
southerly line of such northwest quarter of section 26 a distance
of 1082.50 feet to a point in a line parallel with and distant 100
feet northeasterly, measured at right angles, from the original
located center line of Southern Pacific Transportation Company's
main track (Siskiyou branch), and also the true point of beginning
of the parcel to be described;
thence north 65 degrees 2 minutes 35 seconds west along such
parallel line 1191.92 feet to the westerly line of such section
26;
thence south zero degrees 12 minutes 52 seconds west along such
westerly line 55.05 feet to a point in a line parallel with and
distant 50 feet northeasterly, measured at right angles, from such
center line;
thence south 65 degrees 2 minutes 35 seconds east along last
such parallel line, as last such parallel line being also the
northeasterly line of that certain parcel of land described in
deed dated June 23, 1883, from Federick G. Birdsey to Oregon and
California Railroad Company, recorded July 28, 1883, in deed book
10, page 463, records of such county, a distance of 1060.35 feet
to such southerly line;
thence south 89 degrees 46 minutes 45 seconds east along such
southerly line 119.49 feet to the true point of beginning,
containing an area of 1.293 acres, more or less.
SEC. 3. (a) Nothing in this Act shall --
(1) diminish the right-of-way referred to in the first section
of this Act to a width of less than 50 feet on each side of the
center of the main track or tracks established and maintained by
the Southern Pacific Transportation Company on the date of
enactment of this Act; or
(2) validate or confirm any right or title to, or interest in,
the land referred to in the first section of this Act arising out
of adverse possession, prescription, or abandonment, and not
confirmed by conveyance by the Southern Pacific Transportation
Company before the date of enactment of this Act.
(b) There is reserved to the United States all oil, coal, or other
minerals in the land referred to in the first section of this Act,
together with the right to prospect for, mine, and remove such oil,
coal, or other minerals under such rules and regulations as the
Secretary of the Interior may prescribe.
SEC. 4. The Congress finds that --
(1) the Soutern Pacific Transportation Company is the successor
grantee of the real property described in section 6;
(2) pursuant to a petition of the Southern Pacific
Transportation Company, the Interstate Commerce Commission has
exempted the abandonment of the real property described in section
6 from the provisions of 49 U.S.C. 10903 (relating to abandonment
and discontinuance of railroad lines and rail transportation;
(3) the Southern Pacific Transportation Company has abandoned
all right, title, and interest in and to the real property
described in section 6.
SEC. 5. For the purposes of the Act entitled "An Act to provide for
the disposition of abandoned portions of rights of way granted to
railroad companies", approved March 8, 1922 (43 U.S.C. 912), the
Congress hereby declares that the Southern Pacific Transportation
Company has abandoned the real property described in section 6.
SEC. 6. The real property referred to in sections 4 and 5 is certain
real property situated in the City of Coalinga, California, which forms
part of the right-of-way granted by the United States to the Atlantic
and Pacific Railroad Company by the Act entitled "An Act granting Lands
to aid in the Construction of a Railroad and Telegraph Line from the
States of Missouri and Arkansas to the Pacific Coast", approved July 27,
1866 (16 Stat. 292), and more particularly described as that portion of
the right-of-way extending from the section line of sections 33 and 34
of township 20 south, range 15 east, Mount Diablo Base & Meridian to the
south city limits of the City of Coalinga.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S. 386:
CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 4, considered and passed
Senate. Oct. 15, considered and passed House, amended. Oct. 18, Senate
concurred in House amendments.
Public Law 99-613, 100 Stat. 3480
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first regular session
of the One hundredth Congress shall begin at 12 o'clock meridian on
Tuesday, January 6, 1987.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 755:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-612, 100 Stat. 3479
Whereas voluntarism, the fundamental fiber which has made America the
most giving nation in the world, is becoming even more vital, and is
being strongly encouraged and endorsed by the administration and this
Congress;
Whereas America's United Way, our country's premiere organized
voluntarism entity is celebrating the end of its first century of
service to America, and is looking forward to its second century;
Whereas there are more than two thousand two hundred United Way
organizations across America helping communities meet critical health
and human care needs through an ingenious system of local charitable
groups;
Whereas these United Way organizations involve tens of thousands of
caring and concerned volunteers from all walks of life in a catalytic
process of solving community problems;
Whereas these organizations are responsible for garnering voluntary
contributions to support more than thirty-seven thousand charities
providing services and programs to aid tens of millions of people
throughout our country; and
Whereas to help meet this Nation's urgent health and human care needs
United Way will launch a Second Century Initiative, with the goal of
doubling its volunteers and financial resources by 1991: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Congress of the United
States hereby expresses its gratitude and that of the American people
for the outstanding contribution made by the America's United Way over
the last century; congratulates the America's United Way on the event
of its one hundredth anniversary; applauds and encourages America's
United Way to continue its fine work and achieve its goal of doubling
its effective resources by 1991.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 684 (S.J. Res. 430):
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and
passed House. Oct. 16, considered and passed Senate.
Public Law 99-611, 100 Stat. 3478
Whereas American correctional officers who work in our jails and
prisons are currently responsible for the containment and control of
over six hundred thousand prisoners;
Whereas correctional officers must protect inmates from violence
while encouraging them to develop skills and attitudes that can help
them become productive members of society following their release;
Whereas the morale of correctional officers is affected by many
factors, and the public perception of the role of correctional officers
is more often based upon dramatization rather than factual review;
Whereas good job performance requires correctional officers to absorb
the adverse attitudes present in confinement while maintaining
themselves as professionals in order to have their actions appreciated
and accepted by the public at large;
Whereas correctional officers had been similarly honored by many
States and localities in 1984 and 1985;
Whereas correctional officers had been similarly honored by a joint
resolution of the Senate and House of Representatives of the United
States in Congress assembled in 1984 and 1985; and
Whereas the attitude and morale of correctional officers is a matter
worthy of serious congressional attention: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning May 3,
1987 hereby is designated "National Correctional Officers Week" and the
President of the United States is authorized and requested to issue a
proclamation calling upon the people of the United States to observe
such week with appropriate ceremonies and activities.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 594:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-610, 100 Stat. 3477
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. The Women in Military Service for America Memorial
Foundation is authorized to establish a memorial on Federal land in "40
USC 1003 note" the District of Columbia and its environs to honor women
who have served in the Armed Forces of the United States. Such memorial
shall be established in accordance with the provisions of H.R. 4378, as
approved by the House of Representatives on September 29, 1986.
SEC. 2. The Women in Military Service for America Memorial
Foundation shall establish the memorial with non-Federal funds.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 36:
HOUSE REPORTS: No. 99-342 (Comm. on House Administration).
SENATE REPORTS: No. 99-461 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, 6, considered and
passed House. Vol. 132 (1986): Oct. 16, considered and passed Senate,
amended. Oct. 17, House concurred in Senate amendments.
Public Law 99-609, 100 Stat. 3475
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 "Community Development Credit Union
Revolving Loan Fund Transfer Act". "42 USC 9822 note"
SEC. 2. TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING
LOAN FUND.
(a) ADMINISTRATION OF FUND BY NCUA. -- "42 USC 9822 note"
(1) IN GENERAL. -- Beginning on the date of the enactment of
this Act, the National Credit Union Administration Board shall
administer the Community Development Credit Union Revolving Loan
Fund.
(2) TRANSFER OF AUTHORITY. -- All authority to carry out the
purposes of the Fund and to prescribe regulations in connection
with the administration of the Fund which, on the day before the
date of the enactment of this Act, was vested in the Secretary of
Health and Human Services shall vest on such date in the Board.
Except as provided in subsection (c), the Secretary shall have no
further responsibility with respect to the Fund.
(b) CONTINUED AVAILABILITY OF APPROPRIATED FUNDS. -- All funds
appropriated to the Fund and interest accumulated in the Fund which
continue to be available under section 633 of the Omnibus Budget
Reconciliation Act of 1981 "42 USC 9822" shall continue to be available
to the Board to carry out the purposes of the Fund.
(c) TRANSFER OF ASSETS; ETC. -- The Secretary shall transfer to the
National Credit Union Administration all assets, liabilities, grants,
contracts, property, records, and funds held, used, arising from, or
available to the Secretary in connection with the administration of the
Fund before the end of the 60-day period beginning on the date of the
enactment of this Act.
(d) SAVINGS PROVISIONS. --
(1) REGULATIONS. -- Any regulations prescribed by the
Secretary in connection with the administration of the Fund shall
continue in effect until superseded by regulations prescribed by
the Board.
(2) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS NOT AFFECTED. --
Subsection (a) shall not be construed as affecting the validity of
any right, duty, or obligation of the United States or any other
person arising under or pursuant to any contract, loan, or other
instrument or agreement which was in effect on the day before the
date of the enactment of this Act.
(3) CONTINUATION OF SUITS. -- No action or other proceeding
commenced by or against the Secretary in connection with the
administration of the Fund shall abate by reason of the enactment
of this Act, except that the Board shall be substituted for the
Secretary as a party to any such action or proceeding.
(e) DEFINITIONS. -- For purposes of this section --
(1) BOARD. -- The term "Board" means the National Credit Union
Administration Board.
(2) FUND. -- The term "Fund" means the Community Development
Credit Union Revolving Loan Fund established under title VII of
the Economic Opportunity Act of 1964 "42 USC 2981" (as in effect
before the date of the enactment of the Omnibus Budget
Reconciliation Act of 1981).
(3) SECRETARY. -- The term "Secretary" means the Secretary of
Health and Human Services.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.R. 5554:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-608, 100 Stat. 3473
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ASSISTANCE AUTHORIZED.
In recognition of the public service of the former Speaker of the
United States House of Representatives, Joseph W. Martin, Jr., and of
the need for preserving the official papers of Speaker Martin, the
Secretary of Education is authorized to provide funds in accordance with
the provisions of this Act to assist in the construction of the Joseph
W. Martin Institute for Law and Society at Stonehill College, North
Easton, Massachusetts.
SEC. 2. CONDITIONS FOR ASSISTANCE.
No payment may be made under this Act except upon an application at
such time, in such manner, and containing or accompanied by such
information as the Secretary of Education may require in order to
certify the amount of eligible funds. All such payments may be used in
furtherance of the mission of the Joseph W. Martin Institute for Law and
Society to establish a regional and national academic center for
scholarship and applied research on the development of domestic and
foreign policy during the career of Joseph W. Martin, Jr.
SEC. 3. DURATION OF ASSISTANCE.
Funds appropriated pursuant to this Act shall be made available to
Stonehill College on or after October 1, 1986, and prior to the close of
the fiscal year ending September 30, 1990.
SEC. 4. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as may be necessary
to carry out this Act for the fiscal year ending September 30, 1986, and
for each of the three succeeding fiscal years, except that the aggregate
amount so appropriated shall not exceed $6,000,000. Funds appropriated
pursuant to this section shall remain available until expended.
SEC. 5. AUTHORIZATION OF KANSAS EDUCATIONAL SATELLITE VIDEO
COMMUNICATIONS CENTER.
(a) The Secretary is authorized to provide financial assistance, in
accordance with the provisions of this section, to pay the Federal share
of the cost of construction, and related expenses, for the Kansas
Educational Satellite Video Communications Center at the Kansas State
University located in Manhattan, Kansas, to enable the Kansas State
University to establish the Kansas Educational Satellite Video
Communications Center in order to produce and disseminate television
programming in subject areas of local, regional, national, and
international importance.
(b) No financial assistance may be made under this section except
upon an application at such time, in such manner, and containing or
accompanied by such information, as the Secretary may reasonably
require.
(c) There are authorized to be appropriated such sums, not to exceed
$6,000,000, as may be necessary to carry out the provisions of this
section. Funds appropriated pursuant to this section shall remain
available until expended.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.R. 4244:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and
passed House. Sept. 30, considered and passed Senate, amended. Oct.
16, House concurred in Senate amendments.
PUBLIC LAW 99-607, 100 STAT. 3470
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. AUTHORIZATION OF APPROPRIATIONS.
(a) PURPOSES AND AMOUNTS. -- There are authorized to be appropriated
to the Patent and Trademark Office --
(1) for salaries and necessary expenses, $101,631,000 for
fiscal year 1986, $110,400,000 for fiscal year 1987, and
$111,900,000 for fiscal year 1988; and
(2) such additional amounts as may be necessary for each such
fiscal year for increases in salary, pay, retirement, and other
employee benefits authorized by law.
(b) REDUCTION OF PATENT FEES. -- (1) Amounts appropriated under
subsection (a) shall be used to reduce by 50 per centum each fee paid on
or after October 1, 1985, under section 41(a) or 41(b) of title 35,
United States Code, by --
(A) an independent inventor or nonprofit organization as
defined in regulations prescribed by the Commissioner of Patents
and Trademarks, or
(B) a small business concern as defined under section 3 of the
Small Business Act (15 U.S.C. 632).
(2) Section 41 of title 35, United States Code, is amended by adding
at the end the following new subsection:
"(h)(1) Fees charged under subsection (a) or (b) shall be reduced by
50 pdercent with respect to their application to any small business
concern as defined under section 3 of the Small Business Act, and to any
independent inventor or nonprofit organization as defined in regulations
issued by the Commissioner of Patents and Trademarks.
"(2) With respect to its application to any entity described in
paragraph (1), any surcharge or fee charged under subsection (c) or (d)
shall not be higher than the surcharge or fee required of any other
entity under the same or substantially similar circumstances.".
SEC. 2. "35 USC 42 note" APPROPRIATIONS AUTHORIZED TO BE CARRIED
OVER.
Amounts appropriated under this Act and such fees as may be collected
under title 35, United States Code, and the Trademark Act of 1946 (15
U.S.C. 1051 and following) may remain available until expended.
SEC. 3. "15 U.S.C. 1113 note" OVERSIGHT OF AND LIMITATIONS ON
TRADEMARK AND CERTAIN PATENT FEES.
(a) TRADEMARK FEES. -- The Commissioner of Patents and Trademarks
may not, during fiscal years 1986, 1987, and 1988, increase fees
established under section 31 of the Trademark Act of 1946 (15 U.S.C.
1113) except for purposes of making adjustments which in the aggregate
do not exceed fluctuations during the previous three years in the
Consumer Price Index, as determined by the Secretary of Labor. The
Commissioner also may not establish additional fees under such section
during such fiscal years.
(b) PATENT FEES. -- The Commissioner of Patents and Trademarks may
not, during fiscal years 1986, 1987, and 1988, increase fees established
under section 41(d) of title 35, United States Code "35 USC 41 note"
except for purposes of making adjustments which in the aggregate do not
exceed fluctuations during the previous 3 years in the Consumer Price
Index, as determined by the Secretary of Labor. The Commissioner also
may not establish additional fees under such section during such fiscal
years.
(c) REPORT TO CONGRESS. -- The Secretary of Commerce shall, on "35
USC 14 note" the day on which the President submits the annual budget to
the Congress, provide to the Committees on the Judiciary of the Senate
and the House of Representatives --
(1) a list of patent and trademark fee collections by the
Patent and Trademark Office during the preceding fiscal year;
(2) a list of activities of the Patent and Trademark Office
during the preceding fiscal year which were supported by patent
fee expenditures, trademark fee expenditures, and appropriations;
(3) budget plans for significant programs, projects, and
activities of the Office, including out-year funding estimates;
(4) any prposed disposition of surplus fees by the Office; and
(5) such other information as the committees consider
necessary.
SEC. 4. "35 USC 41 note" FEES FOR USE OF SEARCH ROOMS AND LIBRARIES
PROHIBITED.
The Commissioner of Patents and Trademarks may not impose a fee for
use of public patent or trademark search rooms and libraries. The costs
of such rooms and libraries shall come from amounts appropriated by
Congress.
SEC. 5. CONGRESSIONAL OVERSIGHT AND LIMITATIONS ON THE USE OF FEE
REVENUES FOR PROPOSED PURCHASE OF AUTOMATED DATA PROCESSING SYSTEMS.
(a) FUNDING OF AUTOMATED DATA PROCESSING RESOURCES. --
(1) Allocations. -- Of amounts available to the Patent and
Trademark Office for automatic data processing resources for
fiscal years 1987 and 1988, not more than 30 percent of such
amounts in each such fiscal year may be from fees collected under
section 31 of the Trandemark Act of 1946 (15 U.S.C. 1113) and
section 41 of title 35, United States Code. The Commissioner of
Patents and Trademarks shall notify the Committees on the
Judiciary of the Senate and the House of Representatives of any
proposed reprogrammings which would increase or decrease the
amount of appropriations expended for automatic data processing
resources.
(2) USE OF REVENUES BY PATENT AND TRADEMARK OFFICE. -- Except
as otherwise specifically provided in this Act and section 42(c)
of title 35, United States Code, the Patent and Trademark Office
is authorized to use appropriated or apportioned fee revenues for
any of its operations or activities.
(b) REPORT BY COMMISSIONER ON IMPLEMENTATION AUTOMATION PLAN. -- At
least 90 calendar days before the date of implementation of each key
deployment decision provided for in the revised master automation plan
that was approved by the Secretary of Commerce and the Director of the
Office of Management and Budget and that was submitted, in February
1986, to the Committees on the Judiciary of the Senate and the House of
Representatives, the Commissioner of Patents and Trademarks shall report
the proposed implementation to those committees. Each key deployment
decision shall be approved by the designated Senior Official for
Information Resources Management of the Department of Commerce before
the report on the decision is made under the preceding sentence. Each
such report on a key deployment decision shall include the cost and
method of financing the deployment decision, including, where
appropriate, a comparison with the cost benefit analysis contained in
the revised automation master plan, as well as such other information as
the committees consider necessary.
(c) PROHIBITION ON NEW OBLIGATIONS. -- The Patent and Trademark
Office may not enter into any new contract, or obligate any funds, to
implement a key deployment decision described in subsection (b) until
the expiration of 90 calendar days after the report with respect to such
deployment decision is submitted under such subsection.
(d) EFFECTIVE DATE. -- Subsections (b) and (c) take effect on
January 1, 1987.
SEC. 6. USE OF EXCHANGE AGREEMENTS RELATING TO AUTOMATIC DATA
PROCESSING RESOURCES PROHIBITED.
The Commissioner of Patents and Trademarks may not enter into "35 USC
6 note" new agreements for the exchange of items or services (as
authorized under section 6(a) of title 35, United States Code) related
to automatice data processing resources (including hardware, software
and related services, and machine readable data) during fiscal years
1986, 1987 and 1988, nor continue existing agreements for the exchange
of such items or services after April 1, 1987. This section shall not
apply to any agreement relating to data for automation programs entered
into with a foreign government or with an international
intergovernmental organization.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.R. 2434:
HOUSE REPORTS: No. 99-104 (Comm. on the Judiciary).
SENATE REPORTS: No. 99-305 (Comm. on the Judiciary).
CONGRESSIONAL RECORD: Vol. 131 (1985); June 24, considerd and
passed House. Vol. 132 (1986): June 6, considered and passed Senate,
amended. Oct. 2, House concurred in certain Senate amendments, in
others with amendments. Oct. 18, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): No. 6,
Presidential statement.
PUBLIC LAW 99-606, 100 STAT. 3457
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WITHDRAWALS.
(a) BRAVO-20 BOMBING RANGE. -- (1) Subject to valid existing rights
and except as otherwise provided in this Act, the lands referred to in
paragraph (2) of this subsection, and all other areas within the
boundary of such lands as depicted on the map specified in such
paragraph which may become subject to the operation of the public land
laws, are hereby withdrawn from all forms of appropriation under the
public land laws (including the mining laws and the mineral leasing and
the geothermal leasing laws). Such lands are reserved for use by the
Secretary of the Navy for --
(A) testing and training for aerial bombing, missile firing,
and tactical maneuvering and air support; and;
(B) subject to the requirements of section 3(f), other
defense-related purposes consistent with the purpose specified in
this paragraph.
(2) The lands referred to in paragraph (1) of this subsection are the
public lands comprising approximately 21,576.40 acres in Churchill
County, Nevada, as generally depicted on the map entitled "Bravo 20
Bombing Range Withdrawal -- Proposed", dated April 1986, and filed in
accordance with section 2.
(3) This section does not affect the withdrawals of July 2, 1902,
August 26, 1902, and August 4, 1904, under which the Bureau of
Reclamation utilizes for flooding, overflow, and seepage purposes
approximately 14,750 acres of the lands withdrawn and reserved by this
subsection.
(b) NELLIS AIR FORCE RANGE. -- (1) Subject to valid existing rights
and except as otherwise provided in this Act, the public lands described
in paragraph (2) of this subsection are hereby withdrawn from all forms
of appropriation under the public land laws (including the mining laws
and the mineral leasing and the geothermal leasing laws). Such lands
are reserved for the use of the Secretary of the Air Force --
(A) as an armament and high-hazard testing area;
(B) for training for aerial gunnery, rocketry, electronic
warfare, and tactical maneuvering and air support; and
(C) subject to the requirements of section 3(f), for other
defense-related purposes consistent with the purposes specified in
this paragraph.
(2) The lands referred to in paragraph (1) of this subsection are the
lands comprising approximately 2,945,000 acres of land in Clark, Nye,
and Lincoln Counties, Nevada, as generally depicted on the map entitled
"Nellis Air Force Range Withdrawal -- Proposed", dated January 1985, and
filed in accordance with section 2.
(c) BARRY M. GOLDWATER AIR FORCE RANGE. -- (1) Subject to valid
existing rights and except as otherwise provided in this Act, the lands
described in paragraph (2) of this subsection are hereby withdrawn from
all forms of appropriation under the public land laws (including the
mining laws and the mineral leasing and the geothermal leasing laws).
Such lands are reserved for use by the Secretary of the Air Force for --
(A) an armament and high-hazard testing area;
(B) training for aerial gunnery, rocketry, electronic welfare,
and tactical maneuvering and air support; and
(C) subject to the requirements of section 3(f), other
defense-related purposes consistent with the purposes specified in
this paragraph.
(2) The lands referred to in paragraph (1) of this subsection are the
lands comprising approximately 2,664,423 acres in Maricopa, Pima, and
Yuma Counties, Arizona, as generally depicted on the map entitled "Luke
Air Force Range Withdrawal -- Proposed", dated January 1985, and filed
in accordance with section 2.
(d) MCGREGOR RANGE. -- (1) Subject to valid existing rights and
except as otherwise provided in this Act, the public lands described in
paragraph (2) of this subsection are hereby withdrawn from all forms of
appropriation under the public land laws (including the mining laws and
the mineral leasing and the geothermal leasing laws). Such lands are
reserved for use by the Secretary of the Army --
(A) for training and weapons testing; and
(B) subject to the requirements of section 3(f), for other
defense-related purposes consistent with the purposes specified in
this paragraph.
(2) The lands referred to in paragraph (1) of this subsection are the
lands comprising approximately 608,384.87 acres in Otero County, New
Mexico, as generally depicted on the map entitled "McGregor Range
Withdrawal -- Proposed", dated January 1985, and filed in accordance
with section 2.
(3) Any of the public lands withdrawn under paragraph (1) of this
subsection which, as of the date of enactment of this Act, are managed
pursuant to section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782) shall continue to be managed under that section
until Congress determines otherwise.
(e) FORT GREELY MANEUVER AREA AND FORT GREELY AIR DROP ZONE. -- (1)
Subject to valid existing rights and except as otherwise provided in
this Act, the lands described in paragraph (2) of this subsection are
hereby withdrawn from all forms of appropriation under the public land
laws (including the mining laws and the mineral leasing and the
geothermal leasing laws), under an Act entitled "An Act to provide for
the admission of the State of Alaska into the Union", approved July 7,
1958 (48 U.S.C. note prec. 21), and under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.). Such lands are reserved for
use by the Secretary of the Army for --
(A) military maneuvering, training, and equipment development
and testing; and
(B) subject to the requirments of section 3(f) other
defense-related purposes consistent with the purposes specified in
this paragraph.
(2) The lands referred to in paragraph (1) of this subsection are --
(A) the lands comprising approximately 571,995 acres in the Big
Delta Area, Alaska, as generally depicted on the map entitled
"Fort Greely Maneuver Area Withdrawal -- Proposed", dated January
1985, and filed in accordance with section 2; and
(B) the lands comprising approximately 51,590 acres in the
Granite Creek Area, Alaska, as generally depicted in the map
entitled "Fort Greely, Air Drop Zone Withdrawal -- Proposal",
dated January 1985, and filed in accordance with section 2'.
(f) FORT WAINWRIGHT MANEUVER AREA. -- (1) Subject to valid existing
rights and except as otherwise provided in this Act, the public lands
described in paragraph (2) of this subsection are hereby withdrawn from
all forms of appropriation under the public land laws (including the
mining laws and the mineral leasing and the geothermal leasing laws),
under an Act entitled "An Act to provide for the admission of the State
of Alaska into the Union", approved July 7, 1958 (43 U.S.C. 1601 et
seq.). Such lands are reserved for use by the Secretary of the Army for
--
(A) military maneuvering;
(B) training for artillery firing, aerial gunnery, and infantry
tactics; and
(C) subject to the requirements of section 3(f), other
defense-related purposes consistent with the purposes specified in
this paragraph.
(2) The lands referred to in paragraph (1) of this subsection are the
lands comprising approximately 247,951.67 acres of land in the Fourth
Judicial District, Alaska, as generally depicted on the map entitled
"Fort Wainwright Maneuver Area Withdrawal -- Proposed", dated January
1985, and filed in accordance with section 2.
SEC. 2. MAPS AND LEGAL DESCRIPTIONS.
(a) PUBLICATION AND FILING REQUIREMENT. -- As soon as practicable
after the date of enactment of this Act, the Secretary of the Interior
shall --
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this Act;
and
(2) file maps and the legal description of the lands withdrawn
and reserved by this Act with the Committee on Energy and Natural
Resources of the United States Senate and with the Committee on
Interior and Insular Affairs of the United States House of
Representatives.
(b) TECHNICAL CORRECTIONS. -- Such maps and legal descriptions shall
have the same force and effect as if they were included in this Act
except that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) AVAILABILITY FOR PUBLIC INSPECTION. -- Copies of such maps and
legal descriptions shall be available for public inspection in the
offices of the Director and appropriate State Directors of the Bureau of
Land Management; the office of the commander, Bravo-20 Bombing Range;
the offices of the Director and appropriate Regional Directors of the
United States Fish and Wildlife Service; the office of the commander,
Nellis Air Force Base; the office of the commander, Barry M. Goldwater
Air Force Base; the office of the commander, McGregor Range; the
office of the installation commander, Fort Richardson, Alaska; the
office of the commander, Marine Corps Air Station, Yuma, Arizona; and
the office of the Secretary of Defense.
(d) REIMBURSEMENT. -- The Secretary of Defense shall reimburse the
Secretary of the Interior for the cost of implementing this section.
SEC. 3. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR. -- (1) During the
period of the withdrawal, the Secretary of the Interior shall manage the
lands withdrawn under section 1 (except those lands within a unit of the
National Wildlife Refuge System) pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable
law, including the Recreation Use of Wildlife Areas Act of 1962 (16
U.S.C. 460k et seq.), and this Act. Lands within the Desert National
Wildlife Range and the Cabeza Prieta National Wildlife Refuge shall be
managed pursuant to the National Wildfile Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable law. No
provision of this Act, except sections 4, 11, and 12, shall apply to the
management of the Desert National Wildlife Range or the Cabeza Prieta
National Wildlife Refuge.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn under section 1 may be managed in a manner
permitting --
(A) the continuation of grazing pursuant to applicable law and
Executive orders where permitted on the date of enactment of this
Act;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation; and
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities.
(3)(A) All nonmilitary use of such lands, other than the uses
described in paragraph (2), shall be subject to such conditions and
restrictions as may be necessary to permit the military use of such
lands for the purposes specified in or authorized pursuant to this Act.
(B) The Secretary of the Interior may issue any lease, easement,
right-of-way, or other authorization with respect to the nonmilitary use
of such land only with the concurrence of the Secretary of the military
department concerned.
(b) CLOSURE TO PUBLIC. -- (1) If the Secretary of the military
department concerned determines that military operations, public safety,
or national security require the closure to public use of any road,
trail, or other portion of the lands withdrawn by this Act, the
Secretary may take such action as the Secretary determines necessary or
desirable to effect and maintain such closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the military department concerned
determines are required to carry out this subsection.
(3) Before and during any closure under this subsection, the
Secretary of the military department concerned shall --
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning such
closures.
(c) MANAGEMENT PLAN. -- The Secretary of the Interior (after
consultation with the Secretary of the military department concerned)
shall develop a plan for the management of each area withdrawn under
section 1 during of such withdrawal. Each plan shall --
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3) of this section;
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
areas; and
(4) be developed not later than three years after the date of
enactment of this Act.
(d) BRUSH AND RANGE FIRES. -- The Secretary of the military
department concerned shall take necessary precautions to prevent and
suppress brush and range fires occurring within and outside the lands
withdrawn under section 1 as a result of military activities and may
seek assistance from the Bureau of Land Management assistance in the
suppression of such fires. The memorandum of understanding required by
subsection (e) shall provide for Bureau of Land Management assistance in
the suppression of such fires, and for a transfer of funds from the
Department of the Navy, Army, or Air Force, as appropriate, to the
Bureau of Land Management as compensation for such assistance.
(e) MEMORANDUM OF UNDERSTANDING. -- (1) The Secretary of the
Interior and the Secretary of the military department concerned shall
(with respect to each land withdrawal under section 1) enter into a
memorandum of understanding to implement the management plan developed
under subsection (c). Any such memorandum of understanding shall
provide that the Director of the Bureau of Land Management shall provide
assistance in the suppression of fires resulting from the military use
of lands withdrawn under section 1 if requested by the Secretary of the
military department concerned.
(2) The duration of any such memorandum shall be the same as the
period of the withdrawal of the lands under section 1.
(f) ADDITIONAL MILITARY USES. -- (1) Lands withdrawn by section 1
(except those within the Desert National Wildlife Range or within the
Cabeza Prieta National Wildlife Refuge) may be used for the
defense-related uses other than those specified in such section. The
Secretary of Defense shall promptly notify the Secretary of the Interior
in the event that the lands withdrawn by this Act will be used for
defense-related purposes other than those specified in section 1. Such
notification shall indicate the additional use or uses involved, the
proposed duration of such uses, and the extent to which such additional
military uses of the withdrawn lands will required that additional or
more stringent conditions or restrictions be imposed on
otherwise-permitted nonmilitary uses of the withdrawn land or portions
thereof.
SEC. 4. SPECIAL WILDLIFE RULES.
(a) NELLIS AIR FORCE RANGE. -- (1) Neither the withdrawal under
section 1(b) nor any other provision of this Act shall be construed to
amend --
(A) the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) or any other law related to
management of the National Wildlife Refuge System; or
(B) any Executive order or public land order in effect on the
date of enactment of this Act with respect to the Desert National
Wildlife Refuge.
(2) Neither the withdrawal under section 1(b) nor any other provision
of this Act shall be construed to amend any memorandum of understanding
between the Secretary of the Interior and the Secretary of the Air Force
regarding t e administration and joint use of a portion of the Desert
National Wildlife Range. The provisions of the memorandum of
understanding between the Secretary of the Interior and the Department
of the Air Force regarding Air Force operations on the Desert National
Wildlife Range in effect on March 15, 1986, shall not be amended sooner
than 90 days after the Secretary of the Interior has notified the
Committee on Interior and Insular Affairs of the House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, the Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Merchant Marine and Fisheries of the
House of Representatives, and the Committee on Environment and Public
Works of the Senate of any proposed amendments to such provisions.
(b) BARRY M. GOLDWATER AIR FORCE RANGE. -- (1) Neither the
withdrawal under section 1(c) nor any other provision of this Act shall
be construed to amend --
(A) the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) or any other law related to
management of the National Wildlife Refuge System; or
(B) any Executive order or public land order in effect on the
date of enactment of this Act with respect to the Cabeza Prieta
National Wildlife Refuge.
(2) Neither the withdrawal under section 1(c) nor any other provision
of this Act shall be construed to amend any memorandum of understanding
between the Secretary of the Interior and the Secretary of the Air Force
regarding the administration and joint use of a portion of the Cabeza
Prieta National Wildlife Refuge. The provisions of the memorandum of
understanding between the Secretary of the Interior, and the Department
of the Air Force regarding Air Force operations on the Cabeza Prieta
National Wildlife Refuge in effect on March 24, 1975, shall not be
amended sooner than 90 days after the Secretary of the Interior has
notified the Committee on Interior and Insular Affairs of the House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, the Committees on Armed Services of the Senate and the Fisheries
of the House of Representatives, and the Committee on Environment and
Public Works of the Senate of any proposed amendments to such
provisions.
SEC. 5. DURATION OF WITHDRAWALS.
(a) DURATION. -- The withdrawal and reservation established by this
Act shall terminate 15 years after the date of enactment of this Act.
(b) DRAFT ENVIRONMENTAL IMPACT STATEMENT. -- (1) No later than 12
years after the date of enactment of this Act, the Secretary of the
military department concerned shall publish a draft environmental impact
statement concerning continued or renewed withdrawal of any portion of
the lands withdrawn by this Act for which that Secretary intends to seek
such continued or renewed withdrawal. Such draft environmental impact
statement shall be consistent with the requirements of the National
Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.) applicable
to such a draft environmental impact statement. Prior to the
termination date specified in subsection (a), the Secretary of the
military department concerned shall hold a public hearing on any draft
environmental impact statement published pursuant to this subsection.
Such hearing shall be held in the affected State or States in order to
receive public comments on the alteratives and other matters included in
such draft environmental impact statement.
(2)(A) For purposes of such draft environmental impact statement
published by the Secretary of the Navy, the term "lands withdrawn by
this Act" shall be deemed to include lands proposed for withdrawal as
specified in the draft environmental impact statement for the proposed
master land withdrawal, Naval Air Station, Fallon, Nevada.
(B) For purposes of this subsection, lands withdrawn by section 1(b)
"98 Stat. 2261." shall be deemed to include lands withdrawn by Public
Law 98-485.
(c) Extensions or Renewals. -- The withdrawals established by this
Act may not be extended or renewed except by an Act or joint resolution.
SEC. 6. NEVADA REPORT.
(a) Special Nevada Report. -- No later than five years after the
date of enactment of this Act, the Secretary of the Air Force, the
Secretary of the Navy, and the Secretary of the Interior shall submit to
Congress a joint report. In addition to the other matters required by
this section, the report shall include an analysis and an evaluation of
the effects on public health and safety throughout Nevada of --
(1) the operation of aircraft at subsonic and supersonic
speeds;
(2) the use of aerial and other gunnery, rockets, and missiles;
and
(3) the uses specified in section 1.
(b) Evaluation of Cumulative Effects of Continued or Renewed
Withdrawal. -- Each of the military departments concerned and the
Secretary of the Interior shall, in the report requred by this section,
evaluate the cumulative effects of continued or renewed withdrawal for
military purposes of the military department concerned of some or all of
the lands withdrawn by sections 1(a) and 1(b) on the environment and
population of Nevada. In performing this evaluation, there shall be
considered --
(1) the actual and proposed withdrawal for military and related
purposes of other lands in Nevada, including (but not limited to)
--
(A) lands withdrawn by sections 1(a) and 1(b) of this Act and
by Public Law 98-485 (98 Stat. 2261);
(C) lands proposed for withdrawal as specified in the draft
environmental impact statement for the proposed master land
withdrawal, Naval Air Station, Fallon, Nevada; and
(D) lands withdrawn or being considered for withdrawal for use
by the Department of nergy; and
(2) the cumulative impacts on public and private property in Nevada
and on the fish and wildlife, cultural, historic, scientific,
recreational, wilderness, and other values of the public lands of Nevada
resulting from military and defense related uses of the lands withdrawn
by sections 1(a) and 1(b) and the other lands described in paragraph (1)
of this subsection.
(c) Mitigation Measures. -- The report required by this subsection
shall include an analysis and an evaluation of possible measures to
mitigate the cumulative effect of the withdrawal of public lands in
Nevada for military and defense-related purposes, and of use of the
airspaces over public lands in Nevada for such purposes, on people and
property in Nevada and the fish and wildlife, cultural, historic,
scientific, wilderness, and other resources and values of the public
lands in Nevada (including recreation, mineral development, and
agriculture).
SEC. 7. ONGOING DECONTAMINATION.
(a) PROGRAM. -- Throughout the duration of the withdrawals made by
this Act, the Secretary of the military department concerned, to the
extent funds are made available, shall maintain a program of
decontamination of lands withdrawn by this Act at least at the level of
cleanup achieved on such lands in fiscal year 1986.
(b) REPORTS. -- At the same time as the President transmits to the
Congress the President's proposed budget for the first fiscal year
beginning after the date of enactment of this Act and for each
subsequent fiscal year, each such Secretary shall transmit to the
Committees on Appropriations, Armed Services, and Energy and Natural
Resources of the Senate and to the Committees on Appropriations, Armed
Services, and Interior and Insular Affairs of the House of
Representatives a description of the decontamination efforts undertaken
during the previous fiscal year on such lands and the decontamination
activities proposed for such lands during the next fiscal year
including:
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such lands;
(4) estimated types and amounts of residual contamination on
such lands; and
(5) an estimate of the costs for full decontamination of such
lands and the estimate of the time to complete such
decontamination.
SEC. 8. REQUIREMENTS FOR RENEWAL.
(a) NOTICE AND FILING. -- (1) No later than three years prior to the
termination of the withdrawal and reservation established by this Act,
the Secretary of the military department concerned shall advise the
Secretary of the Interior as to whether or not the Secretary of the
military department concerned will have a continuing military need for
any of the lands withdrawn under section 1 after the termination date of
such withdrawal and reservation.
(2) If the Secretary of the military department concerned concludes
that there will be a continuing military need for any of such lands
after the termination date, that Secretary shall file an application for
extension of the withdrawal and reservation of such needed lands in
accordance with the regulations and procedures of the Department of the
Interior applicable to the extension of withdrawals of lands for
military uses.
(3) If, during the period of withdrawal and reservation, the
Secretary of the military department concerned decides to relinguish all
or any of the lands withdrawn and reserved by this Act, such Secretary
shall file a notice of intention to relinquish with the Secretary of the
Interior.
(b) CONTAMINATION. -- (1) Before transmitting a notice of intention
to relinquish pursuant to subsection (a), the Secretary of Defense,
acting through the military department concerned, shall prepare a
written determination concerning whether and to what extent the lands
that are to be relinquished are contaminated with explosive, toxic, or
other hazardous materials.
(2) A copy of such determination shall be transmitted with the notice
of intention to relinquish.
(3) Copies of both the notice of intention to relinquish and the
determination concerning the contaminated state of the lands shall be
published in the Federal Register by the Secretary of the Interior.
(c) DECONTAMINATION. -- If any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is contaminated,
and the Secretary of the Interior, in consultation with the Secretary of
the military department concerned, determines that decontamination is
practicable and economically feasible, (taking into consideration the
potential future use and value of the land) and that upon
decontamination, the land could be opened to operation of some or all of
the public land laws, including the mining laws, the Secretary of the
military department concerned shall decontaminate the land to the extent
that funds are appropriated for such purpose.
(d) ALTERNATIVES. -- If the Secretary of the Interior, after
consultation with the Secretary of the military department concerned,
concludes that decontamination of any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a) is not
practicable or economically feasible, or that the land cannot be
decontaminated sufficiently to be opened to operation of some or all of
the public land laws, or if Congress does not appropriate a sufficient
amount of funds for the decontamination of such land, the Secretary of
the Interior shall not be required to accept the land proposed for
relinquishment.
(e) STATUS OF CONTAMINATED LANDS. -- If, because of their
contaminated state, the Secretary of the Interior declines to accept
jurisdiction over lands withdrawn by this Act which have been proposed
for relinquishment, or if at the expiration of the withdrawal made by
this Act the Secretary of the Interior determines that some of the lands
withdrawn by this Act are contaminated to an extent which prevents
opening such contaminated lands to operation of the public land laws --
(1) the Secretary of the military department concerned shall
take appropriate steps to warn the public of the contaminated
state of such lands and any risks associated with entry onto such
lands;
(2) after the expiration of the withdrawal, the Secretary of
the military department concerned shall undertake no activities on
such lands except in connection with decontamination of such
lands; and
(3) the Secretary of the military department concerned shall
report to the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions taken in
furtherance of this subsection.
(f) REVOCATION AUTHORITY. -- Notwithstanding any other provisions of
law, the Secretary of the Interior, upon deciding that it is in the
pulic interest to accept jurisdiction over lands proposed for
relinquishment pursuant to subsection (a), is authorized to revoke the
withdrawal and reservation established by this Act as it applies to such
lands. Should the decision be made to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in the Federal
Register an appropriate order which shall --
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction over
the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to the
operation of some or all of the public lands laws, including the
mining laws.
SEC. 9. DELEGABILITY.
(a) DEFENSE. -- The functions of the Secretary of Defense or of a
military department under this title may be delegated.
(b) INTERIOR. -- The functions of the Secretary of the Interior
under this title may be delegated, except that an order described in
section 7(f) may be approved and signed only by the Secretary of the
Interior, the Under Secretary of the Interior, or an Assistant Secretary
of the Department of the Interior.
SEC. 10. WATER RIGHTS.
Nothing in this Act shall be construed to establish a reservation to
the United States with respect to any water or water right on the lands
described in section 1 of this Act. No provision of this Act shall be
construed as authorizing the appropriation of water on lands described
in section 1 of this Act by the United States after the date of
enactment of this Act except in accordance with the law of the relevant
State in which lands described in section 1 are located. This section
shall not be construed to affect water rights acquired by the United
States before the date of enactment of this Act.
SEC. 11. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by this Act
shall be conducted in accordance with the provisions of section 2671 of
title 10, United States Code, except that hunting, fishing, and trapping
with the Desert National Wildlife Range and the Cabeza Prieta National
Wildlife Refuge shall be conducted in accordance with the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 688dd et
seq.), the Recreation Use of Wildlife Areas Act of 1962 (16 U. S.C.
460k et seq.), and other laws applicable to the National Wildlife Refuge
System.
SEC. 12. MINING AND MINERAL LEASING.
(a) DETERMINATION OF LANDS SUITABLE FOR OPENING. -- As soon as
possible after the enactment of this Act and at least every five years
thereafter, the Secretary of the Interior shall determine, with the
concurrence of the Secretary of the military department concerned, which
public and acquired lands (except as provided in this subsection)
described in subsections (a), (b), (d), (e), and (f) of section 1 of
this Act, "17 Stat. 91" the Secretary of the Interior considers suitable
for opening to the operation of the Mining Law of 1872, the Mineral
Lands Leasing Act "30 USC 181" of 1920, as amended, the Mineral Leasing
Act for Acquired Lands of 1947, the Geothermal Steam Act "30 USC 351
note, 1001 note" of 1970, or any one or more of such Acts. The
Secretary of the Interior shall publish a notice in the Federal Register
listing the lands determined suitable pursuant to this section and
specifying the opening date, except that lands contained within the
Desert National Wildlife Range in Nevada or within the Cabeza Prieta
National Wildlife Refuge in Arizona shall not be determined to be
suitable for opening pursuant to this section.
(b) OPENING LANDS. -- On the day specified by the Secretary of the
Interior in a notice published in the Federal Register pursuant to
subsection (a), the land identified under subsection (a) as suitable for
opening to the operation of one or more of the laws specified in
subsection (a) shall automatically be open to the operation of such laws
without the necessity for further action by either the Secretary or the
Congress.
(c) EXCEPTION FOR COMMON VARIETIES. -- No depost of minerals or
materials of the types identifed by section 3 of the Act of July 23,
1955 (69 Stat. 367) "30 USC 611" whether or not included in the term
"common varieties" in that Act, shall be subject to location under the
Mining Law of 1872 on lands described in section 1. "17 Stat. 91"
(d) REGULATIONS. -- The Secretary of the Interior, with the advice
and concurrence of the Secretary of the military department concerned
shall promulgate such regulations to implement this section as may be
necessary to assure safe, uninterrupted, and unimpeded use of the lands
described in section 1 for military purposes. Such regulations shall
also contain guidelines to assist mining claimants in determining how
much, if any, of the surface of any lands opened pursuant to this
section may be used for pusposes incident to mining.
(e) CLOSURE OF MINING LANDS. -- In the event of a national emergency
or for purposes of national defense or security, the Secretary of the
Interior, at the request of the Secretary of the military department
concerned, shall close any lands that have been opened to mining or to
mineral or geothermal leasing pursuant to this section.
(f) LAWS GOVERNING MINING ON LANDS WITHDRAWN UNDER THIS ACT. -- (1)
Except as otherwise provided in this Act, mining claims located pursuant
to this Act shall be subject to the provisions of the mining laws. In
the event of a conflict between those laws and this Act, this Act shall
prevail.
(2) All mining claims located under the terms of this Act shall be
subject to the provisions of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.).
(g) PATENTS. -- (1) Patents issued pursuant to this Act for
locatable minerals shall convey title to locatable minerals only,
together with the right to use so much of the surface as may be
necessary for purposes incident to mining under the guidelines for such
use established by the Secretary of the Interior by regulation.
(2) All such patents shall contain a reservation to the United States
of the surface of all lands patented and of all nonlocatable minerals on
those lands.
(3) For the purposes of this section, all minerals subject to
location under the Mining Law of 1872 are referred to as "locatable
minerals".
(h) REVOCATION. -- Notwithstanding any other provision of law, the
Secretary of the Interior, if the Secretary determines it necessary and
appropriate for the purpose of consummating an exchange of lands or
interests therein under applicable law, is hereby authorized and
directed to revoke the Small Tract Act Classifications S.T.049794 in
Clark County, Nevada.
SEC. 13. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injuries or damages to
persons or property suffered in the course of any mining or mineral or
geothermal leasing activity conducted on lands described in section 1 of
this Act.
SEC. 14. SHORT TITLE.
Sections 1 through 15 of this Act may be cited as the "Military Lands
Withdrawal Act of 1986".
SEC. 15. REDESIGNATION.
The Luke Air Fource Range in Arizona is hereby redesignated as the
"Barry M. Goldwater Air Force Range". Any reference in any law,
regulation, document, record, map, or other paper of the United States
to the Luke Air Force Range shall be deemed to be a reference to the
"Barry M. Goldwater Air Force Range".
SEC. 16. "16 USC 460ff-1" BOUNDARY ADJUSTMENT TO CUYAHOGA VALLEY
NATIONAL RECREATION AREA.
Section 2 of the Act entitled "An Act to provide for the
establishment of the Cuyahoga Valley National Recreational Area",
approved December 27, 1974 (16 U.S.C. 460ff et seq.). is amended as
follows:
(a) In subsection (a), strike out Numbered 655-90,001-A and
dated May 1978" and insert "numbered 644-80,054 and dated July
1986".
(2) At the end of subsection (a), insert the following:
"The recreation area shall also comprise any lands designated as
'City of Akron Lands' on the map referred to in the first sentence which
are offered as donations to the Department of the Interior or which
become privately owned. The Secretary shall revise such map to depict
such lands as part of the recreation area.".
(3) In subsection (b), after the first sentence, insert the
following:
"The Secretary may not acquire fee title to any lands included within
the recreation area in 1986 which are designated on the map referred to
in subsection (a) as 'Scenic Easement Acquisition Areas'. The Secretary
may acquire only scenic easements in such designated lands. Unless
consented to by the owner from which the easement is acquired, any such
scenic easement may not prohibit any activity, the subdivision of any
land, or the construction of any building or other facility if such
activity, subdivision, or construction would have been permitted under
laws and ordinances of the unit of local government in which such land
was located on April 1, 1986, as such laws and ordinances were in effect
on such date.".
Approved November 6, 1986.
LESISLATIVE HISTORY -- H.R. 1790:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and
passed House. Oct. 18. considered and passed Senate.
Public Law 99-605, 100 Stat. 3449
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "8 USC 1101 note" SHORT TITLE; REFERENCES IN ACT.
(a) SHORT TITLE. -- This Act may be cited as the "Refugee Assistance
Extension Act of 1986".
(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. -- Whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Immigration
and Nationality Act. "8 USC 1101 note"
SEC. 2. TWO-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
(a) TWO-YEAR EXTENSION. -- Section 414(a) (8 U.S.C. 1524(a)) is
amended by striking out "fiscal year 1983" and inserting in lieu thereof
"each of fiscal years 1987 and 1988" in paragraph (1).
(b) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS. -- Such section is
further amended --
(1) by striking out "(2) and (3)" in paragraph (1) and
inserting in lieu thereof "(2) through (5)";
(2) by striking out paragraphs (2) and (3) and inserting in
lieu thereof the following:
"(2) There are hereby authorized to be appropriated for fiscal year
1987 $74,783,000 and for fiscal year 1988 $77,924,000 for the purpose of
providing services with respect to refugees under section 412(c)(1). "8
USC 1522"
"(3) There are hereby authorized to be appropriated for fiscal year
1987 $8,761,000 and for fiscal year 1988 $9,125,000 for the purpose of
carrying out section 412(b)(5)."; and
(3) by adding at the end the following new paragraph:
"(4) There are authorized to be appropriated for fiscal year 1987
$5,215,000 and for fiscal year 1988 $5,434,000 for the purpose of
carrying out the provisions of section 412(f).".
SEC. 3. PLACEMENT OF OFFICE OF REFUGEE RESETTLEMENT WITHIN THE
OFFICE OF SECRETARY OF HEALTH AND HUMAN SERVICES AND CLARIFYING ROLE OF
SECRETARY OF EDUCATION.
(a) PROVISION OF ASSISTANCE FOR REFUGEE CHILDREN BY SECRETARY OF
EDUCATION. -- Section 412(d)(1) (8 U.S.C. 1522(d)(1)) is amended by
striking out "Director" and inserting in lieu thereof "Secretary of
Education".
(b) AUTHORIZING SECRETARY OF EDUCATION AND ATTORNEY GENERAL TO ISSUE
REGULATIONS. -- Section 412(a)(9) (8 U.S.C. 1522(a)(9)) is amended by
inserting ", the Secretary of Education, the Attorney General," after
"The Secretary".
SEC. 4. POLICIES FOR PLACEMENT OF REFUGEES AND REGULAR CONSULTATION
WITH STATE AND LOCAL GOVERNMENTS IN PLACEMENT PROCESS.
Section 412(a)(2) (8 U.S.C. 1522(a)(2)) is amended --
(1) in subparagraph (A) --
(A) by inserting "and the Federal agency administering
subsection (b)(1)" after "Director",
(B) by inserting "(not less often than quarterly)" after
"regularly", and
(C) by inserting "before their placement in those States and
localities" after "localities";
(2) in subparagraph (C) --
(A) by striking out "and" at the end of clause (i),
(B) by striking out the period at the end of clause (ii) and
inserting in lieu thereof ", and", and
(C) by adding at the end the following new clause:
"(iii) take into account --
"(I) the proportion of refugees and comparable entrants in the
population in the area,
"(II) the availability of employment opportunities, affordable
housing, and public and private resources (including educational,
health care, and mental health services) for refugees in the area,
"(III) the likelihood of refugees placed in the area becoming
self-sufficient and free from long-term dependence on public
assistance, and
"(IV) the secondary migration of refugees to and from the area
that is likely to occur."; and
(3) by adding at the end the following new subparagraph:
"(D) With respect to the location of placement of refugees within a
State, the Federal agency administering subsection (b)(1) shall,
consistent with such policies and strategies and to the maximum extent
possible, take into account recommendations of the State.".
SEC. 5. RECEPTION AND PLACEMENT GRANTS.
(a) DIRECT GAO AUDIT OF GRANTS. -- Paragraph (6) of section 412(b)
(8 U.S.C. 1522(b)) is amended to read as follows:
"(6) The Comptroller General shall directly conduct an annual
financial audit of funds expended under each grant or contract made
under paragraph (1) for fiscal year 1986 and for fiscal year 1987.".
(b) REQUIREMENTS UNDER GRANTS. -- Such section is further amended --
(1) by adding at the end the following new paragraph:
"(7) Each grant or contract with an agency under paragraph (1) shall
require the agency to do the following:
"(A) To provide quarterly performance and financial status
reports to the Federal agency administering paragraph (1).
"(B)(i) To provide, directly or through its local affiliate,
notice to the appropriate county or other local welfare office at
the time that the agency becomes aware that a refugee is offered
employment and to provide notice to the refugee that such notice
has been provided, and
"(ii) upon request of such a welfare office to which a refugee
has applied for cash assistance, to furnish that office with
documentation respecting any cash or other resources provided
directly by the agency to the refugee under this subsection.
"(C) To assure that refugees, known to the agency as having
been identified pursuant to paragraph (4)(B) as having medical
conditions affecting the public health and requiring treatment,
report to the appropriate county or other health agency upon their
resettlement in an area.
"(D) To fulfill its responsibility to provide for the basic
needs (including food, clothing, shelter, and transportation for
job interviews and training) of each refugee resettled and to
develop and implement a resettlement plan including the early
employment of each refugee resettled and to monitor the
implementation of such plan.
"(E) To transmit to the Federal agency administering paragraph
(1) an annual report describing the following:
"(i) The number of refugees placed (by county of placement) and
the expenditures made in the year under the grant or contract,
including the proportion of such expenditures used for
administrative purposes and for provision of services.
"(ii) The proportion of refugees placed by the agency in the
previous year who are receiving cash or medical assistance
described in subsection (e).
"(iii) The efforts made by the agency to monitor placement of
the refugees and the activities of local affiliates of the agency.
"(iv) The extent to which the agency has coordinated its
activities with local social service providers in a manner which
avoids duplication of activities and has provided notices to local
welfare offices and the reporting of medical conditions of certain
aliens to local health departments in accordance with
subparagraphs (B)(i) and (C).
"(v) Such other information as the agency administering
paragraph (1) deems to be appropriate in monitoring the
effectiveness of agencies in carrying out their functions under
such grants and contracts.
The agency administering paragraph (1) shall promptly forward a copy of
each annual report transmitted under subparagraph (E) to the Committees
on the Judiciary of the House of Representatives and of the Senate.",
and
(2) by striking out the fifth and sixth sentences of paragraph
(1)(A).
(c) PERFORMANCE CRITERIA FOR GRANTS. -- Such action is further
amended by adding after paragraph (7) (added by subsection (b)) "8 USC
1522" the following new paragraph:
"(8) The Federal agency administering paragraph (1) shall establish
criteria for the performance of agencies under grants and contracts
under that paragraph, and shall include criteria relating to an agency's
--
"(A) efforts to reduce welfare dependency among refugees
resettled by that agency,
"(B) collection of travel loans made to refugees resettled by
that agency for travel to the United States,
"(C) arranging for effective local sponsorship and other
nonpublic assistance for refugees resettled by that agency,
"(D) cooperation with refugee mutual assistance associations,
local social service providers, health agencies, and welfare
offices,
"(E) compliance with the guidelines established by the Director
for the placement and resettlement of refugees within the United
States, and
"(F) compliance with other requirements contained in the grant
or contract, including the reporting and other requirements under
subsection (b)(7).
The Federal administering agency shall use the criteria in the process
of awarding or renewing grants and contracts under paragraph (1).".
(d) EFFECTIVE DATES OF AMENDMENTS. -- (1) Section 412(b)(7) (other
than subparagraphs (B)(i), (C), and (D)) of the Immigration and
Nationality Act, as added by subsection (b)(1) of this section, "8 USC
1522 note" shall apply to grants and contracts made or renewed after the
end of the 30-day period beginning on the date of the enactment of this
Act.
(2) Section 412(b)(7)(D) of the Immigration and Nationality Act, as
added by subsection (b)(1) of this section, shall apply to grants and
contracts made or renewed after the end of the six-month period
beginning on the date of the enactment of this Act.
(3) The criteria required under the amendment made by subsection (c)
shall be established not later than 60 days after the date of the
enactment of this Act.
(e) REPORT ON RECEPTION AND PLACEMENT GRANTS. -- (1) Within amounts
provided in appropriation acts, the United States Coordinator for
Refugee Affairs shall provide for a study on the advisability and
feasibility of --
(A) using competitive proposals, cost reimbursement contracts,
financial incentives based on performance standards, and other
means for providing greater efficiency in awarding grants and
contracts for initial reception and placement under section 412(
b) of the Immigration and Nationality Act,
(B) modifying the eligibility requirements for agency
participation under that section,
(C) permitting refugee mutual assistance associations to
participate under that section and to apply for such grants and
contracts, and
(D) using financial incentives linked to performance standards
in awarding social service grants and contracts for services under
section 412(c) of the Immigration and Nationality Act.
(2) The Coordinator shall submit the results of the study to Congress
not later than six months after the date of the enactment of this Act.
(f) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR RECEPTION AND
PLACEMENT SERVICES. -- (1) In order to insure that sufficient funds are
authorized to be appropriated to provide for reception and placement
services in fulfillment of the responsibilities required under section
412(b)(7)(D) of the Immigration and Nationality Act (as added by
subsection (b)(1) of this section), there are authorized to be
appropriated (in addition to the amounts described in paragraph (2)) for
fiscal years 1987 and 1988 any such additional sums as may be necessary
to fulfill the responsibilities under that section.
(2) The amounts described in this paragraph are --
(A) the amounts authorized to be appropriated to the Department
of State for "Migration and Refugee Assistance" for fiscal years
1986 and 1987, which may be used for enhanced reception and
placement services under section 412(b) of the Immigration and
Nationality Act; and
(B) any other amounts authorized to be appropriated for such
services.
SEC. 6. ALLOCATION AND USE OF SOCIAL SERVICE FUNDS.
(a) BASED ON REFUGEE POPULATION. -- Section 412(c) (8 U.S.C. 1522(
c)) is amended --
(1) by redesignating paragraphs (1), (2), and (3) as clauses
(i), (ii), and (iii), respectively,
(2) by inserting "(1)(A)" before "The Director", and
(3) by adding at the end the following new subparagraph:
"(B) The funds available for a fiscal year for grants and contracts
under subparagraph (A) shall be allocated among the States based on the
total number of refugees (including children and adults) who arrived in
the United States not more than 36 months before the beginning of such
fiscal year and who are actually residing in each State (taking into
account secondary migration) as of the beginning of the fiscal year.".
(b) CLARIFICATION OF USE OF SOCIAL SERVICE FUNDS. -- Such section is
further amended by adding at the end the following new subparagraph:
"(C) Any limitation which the Director establishes on the proportion
of funds allocated to a State under this paragraph that the State may
use for services other than those described in subsection (a)(1)(B)(ii)
shall not apply if the Director receives a plan (established by or in
consultation with local governments) and determines that the plan
provides for the maximum appropriate provision of employment-related
services for, and the maximum placement of, employable refugees
consistent with performance standards established under section 106 of
the Job Training Partnership Act.". "29 USC 1516"
(c) EFFECTIVE DATE. -- The amendment made by subsection (a) "8 USC
1522 note" shall apply to allocations of funds for fiscal years
beginning with fiscal year 1987.
(d) CONFORMING AMENDMENT. -- Section 412(e)(2)(A)(i) (8 U.S.C.
1522(e)(2)(A)(i)) is amended by striking out "(c)(1)" and inserting in
lieu thereof "(c)(1)(A)(i)".
SEC. 7. MAINTAINING FUNDING LEVEL OF MATCHING GRANT PROGRAM.
(a) MAINTAINING FUNDING LEVEL. "8 USC 1522 note" -- Subject to the
availability of appropriations, the Director of the Office of Refugee
Resettlement shall not reduce the maximum average Federal contribution
level per refugee in the matching grant program and shall not increase
the percentage grantee matching requirement under that program below the
level, or above the percentage, in effect under the program for grants
in fiscal year 1985.
(b) MATCHING GRANT PROGRAM. -- The "matching grant program" referred
to in subsection (a) is the voluntary agency program which is known as
the matching grant program and is funded under section 412(c) of the
Immigration and Nationality Act.
SEC. 8. TARGETED ASSISTANCE PROJECT GRANTS.
(a) SPECIFIC AUTHORIZATION FOR TARGETED ASSISTANCE PROJECT GRANTS.
-- Section 412(c) (8 U.S.C. 1522(c)), as amended by section 6, is
further amended by adding at the end the following new paragraph:
"(2)(A) The Director is authorized to make grants to States for
assistance to counties and similar areas in the States where, because of
factors such as unusually large refugee populations (including secondary
migration), high refugee concentrations, and high use of public
assistance by refugees, there exists and can be demonstrated a specific
need for supplementation of available resources for services to
refugees.
"(B) Grants shall be made available under this paragraph --
"(i) primarily for the purpose of facilitating refugee
employment and achievement of self-sufficiency,
"(ii) in a manner that does not supplant other refugee program
funds and that assures that not less than 95 percent of the amount
of the grant award is made available to the county or other local
entity.".
(b) CONFORMING AMENDMENT. -- Section 412(e)(2)(A)(ii) (8 U.S.C.
1522(e)(2)(A)(ii)) is amended by inserting "or targeted assistance"
after "social service".
SEC. 9. CASH AND MEDICAL ASSISTANCE.
(a) CLARIFICATION OF DISQUALIFICATION FROM CASH ASSISTANCE FOR
REFUGEES REFUSING OFFERS OF EMPLOYMENT OR TRAINING. -- Paragraph (2) of
section 412(e) (8 U.S.C. 1522(e)) is amended --
(1) by striking out the last sentence of subparagraph (A), and
(2) by adding at the end the following new subparagraph:
"(C) In the case of a refugee who --
"(i) refuses an offer of employment which has been determined
to be appropriate either by the agency responsible for the initial
resettlement of the refugee under subsection (b) or by the
appropriate State or local employment service,
"(ii) refuses to go to a job interview which has been arranged
through such agency or service, or
"(iii) refuses to participate in a social service or targeted
assistance program referred to in subparagraph (A)(ii) which such
agency or service determines to be available and appropriate,
cash assistance to the refugee shall be terminated (after opportunity
for an administrative hearing) for a period of three months (for the
first such refusal) or for a period of six months (for any subsequent
refusal).".
(b) CONSIDERATION OF RECOMMENDATIONS AND ASSISTANCE OF VOLUNTARY
AGENCIES. -- Such section is further amended by adding at the end the
following new paragraph:
"(8) In its provision of assistance to refugees, a State or political
subdivision shall consider the recommendations of, and assistance
provided by, agencies with grants or contracts under subsection
(b)(1).".
(c) EFFECTIVE DATE. -- The amendments made by subsection (a) of this
section "8 USC 1522 note" shall apply to aliens entering the United
States as refugees on or after the first day of the first calendar
quarter that begins more than 90 days after the date of the enactment of
this Act.
SEC. 10. PERMITTING COVERAGE OF CERTAIN DEPENDENT REFUGEES UNDER
ALTERNATIVE PROJECTS.
Section 412(e)(7)(A) (8 U.S.C. 1522(e)(7)(A)) is amended by adding at
the end the following new sentence: "The Secretary may permit
alternative projects to cover specific groups of refugees who have been
in the United States 36 months or longer if the Secretary determines
that refugees in the group have been significantly and
disproportionately dependent on welfare and need the services provided
under the project in order to become self-sufficient and that their
coverage under the projects would be cost-effective.".
SEC. 11. REFUGEES COVERED BY ANNUAL REPORT.
Section 413(a)(2)(A) (8 U.S.C. 1523(a)(2)(A)) is amended by striking
out "under this Act since May 1975" and inserting in lieu thereof "the
United States within the five-fiscal-year period immediately preceding
the fiscal year within which the report is to be made and for refugees
who entered earlier and who have shown themselves to be significantly
and disproportionately dependent on welfare".
SEC. 12. PROHIBITING USE OF BLOCK OR CONSOLIDATED GRANTS.
Section 412(a)(4) (8 U.S.C. 1522(a)(4)) is amended --
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively,
(2) by inserting "(A)" after "(4)", and
(3) by adding at the end the following new subparagraphs:
"(B) No funds may be made available under this chapter (other than
under subsection (b)(1)) to States or political subdivisions in the form
of block grants, per capita grants, or similar consolidated grants or
contracts. Such funds shall be made available under separate grants or
contracts --
"(i) for medical screening and initial medical treatment under
subsection (b)(5),
"(ii) for services for refugees under subsection (c)(1),
"(iii) for targeted assistance project grants under subsection
(c)(2), and
"(iv) for assistance for refugee children under subsection
(d)(2).
"(C) The Director may not delegate to a State or political
subdivision his authority to review or approve grants or contracts under
this chapter or the terms under which such grants or contracts are
made.".
SEC. 13. ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF
CERTAIN CUBAN NATIONALS.
Section 412 (8 U.S.C. 1522) is further amended by adding at the end
the following new subsection:
"(f) ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF CERTAIN
CUBAN NATIONALS. -- (1) The Attorney General shall pay compensation to
States and to counties for costs incurred by the States and counties to
confine in prisons, during the fiscal year for which such payment is
made, nationals of Cuba who --
"(A) were paroled into the United States in 1980 by the
Attorney General,
"(B) after such parole committed any violation of State or
county law for which a term of imprisonment was imposed, and
"(C) at the time of such parole and such violation were not
aliens lawfully admitted to the United States --
"(i) for permanent residence, or
"(ii) under the terms of an immigrant or a nonimmigrant visa
issued, under this Act.
"(2) For a State or county to be eligible to receive compensation
under this subsection, the chief executive officer of the State or
county shall submit to the Attorney General, in accordance with rules to
be issued by the Attorney General, an application containing --
"(A) the number and names of the Cuban nationals with respect
to whom the State or county is entitled to such compensation, and
"(B) such other information as the Attorney General may
require.
"(3) For a fiscal year the Attorney General shall pay the costs
described in paragraph (1) to each State and county determined by the
Attorney General to be eligible under paragraph (2); except that if the
amounts appropriated for the fiscal year to carry out this subsection
are insufficient to cover all such payments, each of such payments shall
be ratably reduced so that the total of such payments equals the amounts
so appropriated.
"(4) The authority of the Attorney General to pay compensation under
this subsection shall be effective for any fiscal year only to the
extent and in such amounts as may be provided in advance in
appropriation Acts.
"(g) It shall be the policy of the United States Government that the
President, in consultation with the Attorney General and all appropriate
Federal, State, and county officials referred to in section 13 of this
Act, shall place top priority on seeking the expeditious removal from
this country and the return to Cuba of such persons defined in
subsection (f)(1) by any reasonable and responsible means, and to this
end the Attorney General may use the funds hereafter authorized by this
section to conduct such policy.".
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.R. 1452 (S. 1262):
HOUSE REPORTS: No. 99-132, Pt. 1 (Comm. on the Judiciary).
SENATE REPORTS: No. 99-154 accompanying S. 1262 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD: Vol. 131 (1985): June 13, considered and
passed House. Vol. 132 (1986): Oct. 18, considered and passed Senate,
amended; House concurred in Senate amendment.
Public Law 99-604, 100 Stat. 3446
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "36 USC 3901" The Army and Navy Union of the United
States of America, organized and incorporated under the laws of the
State of Ohio, is hereby recognized as such and is granted a charter.
SEC. 2. "36 USC 3902" The Army and Navy Union of the United States
of America (hereinafter referred to as the "corporation") shall have
only those powers granted to it through its bylaws and articles of
incorporation filed in the State or States in which it is incorporated
and subject to the laws of such State or States.
SEC. 3. "36 USC 3903" The objects and purposes of the corporation
are those provided in its articles of incorporation and shall also be --
(a) to hold true allegiance to the Government of the United
States of America and fidelity to its Constitution, laws, and
institutions;
(b) to serve our Nation under God in peace as well as in war by
fostering the ideals of faith and patriotism, loyalty, justice,
and liberty; by inculcating in the hearts of young and old,
through precept and practice, the spirit of true Americanism; by
participating in civic activities for the good of our country and
our community;
(c) to unite in fraternal fellowship those who have served
honorably and those who are now serving honorably in the Armed
Forces of the United States of America; to protect and advance
their civic, social, and economic welfare; to aid them in
sickness and distress; to assist in the burial and commemoration
of their dead; and to provide help for their widows and orphans;
and
(d) to perpetuate the memory of patriotic deeds performed by
the defenders of our country.
SEC. 4. "36 USC 3904" With respect to service of process, the
corporation shall comply with the laws of the States in which it is
incorporated and those States in which it carries on its activities in
furtherance of its corporate purposes.
SEC. 5. "36 USC 3905" Eligibility for membership in the corporation
and the rights and privileges of members shall be as provided in the
bylaws of the corporation.
SEC. 6. "36 USC 3906" The board of directors of the corporation and
the responsibilities thereof shall be as provided in the articles of
incorporation of the corporation and in conformity with the laws of the
State or States in which it is incorporated.
SEC. 7. "36 USC 3907" The officers of the corporation, and the
election of such officers shall be as is provided in the articles of
incorporation of the corporation and in conformity with the laws of the
State or States wherein it is incorporated.
SEC. 8. "36 USC 3908" (a) No part of the income or assets of the
corporation shall insure to any member, officer, or director of the
corporation or be distributed to any such person during the life of this
charter. Nothing in this subsection shall be construed to prevent the
payment of reasonable compensation to the officers of the corporation or
reimbursement for actual necessary expenses in amounts approved by the
board of directors.
(b) The corporation shall not make any loan to any officer, director,
or employee of the corporation.
(c) The corporation and any officer and director of the corporation,
acting as such officer or director, shall not contribute to, support or
otherwise participate in any political activity or in any manner attempt
to influence legislation.
(d) The corporation shall have no power to issue any shares of stock
nor to declare or pay any dividends.
(d) The corporation shall not claim congressional approval or Federal
Government authority for any of its activities.
(f) The corporation shall retain and maintain its status as a
corporation organized and incorporated under the laws of the State of
Ohio.
SEC. 9. "36 USC 3909" The corporation shall be liable for the acts
of its officers and agents when acting within the scope of their
authority.
SEC. 10. "36 USC 3910" The corporation shall keep correct and
complete books and records of account and shall keep minutes of any
proceeding of the corporation involving any of its members, the board of
directors, or any committee having authority under the board of
directors. The corporation shall keep at its principal office a record
of the names and addresses of all members having the right to vote. All
books and records of such corporation may be inspected by any member
having the right to vote, or by any agent or attorney of such member,
for any proper purpose, at any reasonable time. Nothing in this section
shall be construed to contravene any applicable State law.
SEC. 11. The first section of the Act entitled "An Act to provide
for audit of accounts of private corporations established under Federal
law", approved August 30, 1964 (36 U.S.C. 1101) is amended by adding at
the end thereof the following:
"(68) Army and Navy Union of the United States of America.".
SEC. 12. "36 USC 3911" The corporation shall report annually to the
Congress concerning the activities of the corporation during the
preceding fiscal year. Such annual report shall be submitted at the
same time as is the report of the audit required by section 11 of this
Act. The report shall not be printed as a public document.
SEC. 13. "36 USC 3912" The right to alter, amend, or repeal this Act
is expressly reserved to the Congress.
SEC. 14. "36 USC 3913" For purposes of this Act, the term "State"
includes the District of Columbia, the Commonwealth of Puerto Rico, and
the territories and possessions of the United States.
SEC. 15. "36 USC 3914" The corporation shall maintain its status as
an organization exempt from taxation as provided in the Internal Revenue
Code of 1954. "26 USC 1 et seq." If the corporation fails to maintain
such status, the charter granted hereby shall expire.
SEC. 16. "36 USC 3915" If the corporation shall fail to comply with
any of the restrictions or provisions of this Act the charter granted
hereby shall expire.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- H.R. 897:
CONGRESSIONAL RECORD: Vol. 131 (1985): May 13, considered and
passed House. Vol. 132 (1986): Oct. 18, considered and passed Senate.
Public Law 99-603, 100 Stat. 3359
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) SHORT TITLE. -- This Act may be cited as the "Immigration Reform
and Control Act of 1986". "8 USC 1101 note"
(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. -- Except as
otherwise specifically provided in this Act, whenever in this Act an
amendment or repeal is expressed as an amendment to, or repeal of, a
provision, the reference shall be deemed to be made to the Immigration
and Nationality Act.
Sec. 1. Short title; references in Act.
Sec. 101. Control of unlawful employment of aliens.
Sec. 102. Unfair immigration-related employment practices.
Sec. 103. Fraud and misuse of certain immigration-related documents.
Sec. 111. Authorization of appropriations for enforcement and
service activities of the Immigration and Naturalization Service.
Sec. 112. Unlawful transportation of aliens to the United States.
Sec. 113. Immigration emergency fund.
Sec. 114. Liability of owners and operators of international bridges
and toll roads to prevent the unauthorized landing of aliens.
Sec. 115. Enforcement of the immigration laws of the United States.
Sec. 116. Restricting warrantless entry in the case of outdoor
agricultural operations.
Sec. 117. Restrictions on adjustment of status.
Sec. 121. Verification of immigration status of aliens applying for
benefits under certain programs.
Sec. 201. Legalization of status.
Sec. 202. Cuban-Haitian adjustment.
Sec. 203. Updating registry date to January 1, 1972.
Sec. 204. State legalization impact-assistance grants.
Sec. 301. H-2A agricultural workers.
Sec. 302. Permanent residence for certain special agricultural
workers.
Sec. 303. Determinations of agricultural labor shortages and
admission of additional special agricultural workers.
Sec. 304. Commission on Agricultural Workers.
Sec. 305. Eligibility of H-2 agricultural workers for certain legal
assistance.
Sec. 311. Change in colonial quota.
Sec. 312. G-IV special immigrants.
Sec. 313. Visa waiver pilot program for certain visitors.
Sec. 314. Making visas available for nonpreference immigrants.
Sec. 315. Miscellaneous provisions.
Sec. 401. Triennial comprehensive report on immigration.
Sec. 402. Reports on unauthorized alien employment.
Sec. 403. Reports on H-2A program.
Sec. 404. Reports on legalization program.
Sec. 405. Report on visa waiver pilot program.
Sec. 406. Report on Immigration and Naturalization Service.
Sec. 407. Sense of the Congress.
Sec. 501. Reimbursement of States for costs of incarcerating illegal
aliens and certain Cuban nationals.
Sec. 601. Commission for the Study of International Migration and
Cooperative Economic Development.
Sec. 701. Expeditious deportation of convicted aliens.
Sec. 702. Identification of facilities to incarcerate deportable or
excludable aliens.
SEC. 101. CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS.
(a) IN GENERAL --
(1) NEW PROVISION. -- Chapter 8 of title II is amended by
inserting after section 274 (8 U.S.C. 1324) the following new
section:
"SEC. 274A. (a) "8 USC 1324a" MAKING EMPLOYMENT OF UNAUTHORIZED
ALIENS UNLAWFUL. --
"(1) IN GENERAL. -- It is unlawful for a person or other
entity to hire, or to recruit or refer for a fee, for employment
in the United States --
"(A) an alien knowing the alien is an unauthorized alien (as
defined in subsection (h)(3)) with respect to such employment, or
"(B) an individual without complying with the requirements of
subsection (b).
"(2) CONTINUING EMPLOYMENT. -- It is unlawful for a person or
other entity, after hiring an alien for employment in accordance
with paragraph (1), to continue to employ the alien in the United
States knowing the alien is (or has become) an unauthorized alien
with respect to such employment.
"(3) DEFENSE. -- A person or entity that establishes that it
has complied in good faith with the requirements of subsection (b)
with respect to the hiring, recruiting, or referral for employment
of an alien in the United States has established an affirmative
defense that the person or entity has not violated paragraph
(1)(A) with respect to such hiring, recruiting, or referral.
"(4) USE OF LABOR THROUGH CONTRACT. -- For purposes of this
section, a person or other entity who uses a contract,
subcontract, or exchange, entered into, renegotiated, or extended
after the date of the enactment of this section, to obtain the
labor of an alien in the United States knowing that the alien is
an unauthorized alien (as defined in subsection (h)(3)) with
respect to performing such labor, shall be considered to have
hired the alien for employment in the United States in violation
of paragraph (1)(A).
"(5) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION. -- For
purposes of paragraphs (1)(B) and (3), a person or entity shall be
deemed to have complied with the requirements of subsection (b)
with respect to the hiring of an individual who was referred for
such employment by a State employment agency (as defined by the
Attorney General), if the person or entity has and retains (for
the period and in the manner described in subsection (b)(3))
appropriate documentation of such referral by that agency, which
documentation certifies that the agency has complied with the
procedures specified in subsection (b) with respect to the
individual's referral.
"(b) EMPLOYMENT VERIFICATION SYSTEM. -- The requirements referred to
in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a
person or other entity hiring, recruiting, or referring an individual
for employment in the United States, the requirements specified in the
following three paragraphs:
"(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION. --
"(A) IN GENERAL. -- The person or entity must attest, under
penalty of perjury and on a form designated or established by the
Attorney General by regulation, that it has verified that the
individual is not an unauthorized alien by examining --
"(i) a document described in subparagraph (B), or
"(ii) a document described in subparagraph (C) and a document
described in subparagraph (D).
A person or entity has complied with the requirement of this
paragraph with respect to examination of a document if the
document reasonably appears on its face to be genuine. If an
individual provides a document or combination of documents that
reasonably appears on its face to be genuine and that is
sufficient to meet the requirements of such sentence, nothing in
this paragraph shall be construed as requiring the person or
entity to solicit the production of any other document or as
requiring the individual to produce such a document.
"(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND
IDENTITY. -- A document described in this subparagraph is an
individual's --
"(i) United States passport;
"(ii) certificate of United States citizenship;
"(iii) certificate of naturalization;
"(iv) unexpired foreign passport, if the passport has an
appropriate, unexpired endorsement of the Attorney General
authorizing the individual's employment in the United States; or
"(v) resident alien card or other alien registration card, if
the card --
"(I) contains a photograph of the individual or such other
personal identifying information relating to the individual as the
Attorney General finds, by regulation, sufficient for purposes of
this subsection, and
"(II) is evidence of authorization of employment in the United
States.
"(C) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION. -- A
document described in this subparagraph is an individual's --
"(i) social security account number card (other than such a
card which specifies on the fact that the issuance of the card
does not authorize employment in the United States);
"(ii) certificate of birth in the United States or establishing
United States nationality at birth, which certificate the Attorney
General finds, by regulation, to be acceptable for purposes of
this section; or
"(iii) other documentation evidencing authorization of
employment in the United States which the Attorney General finds,
by regulation, to be acceptable for purposes of this section.
"(D) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL. -- A
document described in this subparagraph is an individual's --
"(i) driver's license or similar document issued for the
purpose of identification by a State, if it contains a photograph
of the individual or such other personal identifying information
relating to the individual as the Attorney General finds, by
regulation, sufficient for purposes of this section; or
"(ii) in the case of individuals under 16 years of age or in a
State which does not provide for issuance of an identification
document (other than a driver's license) referred to in clause
(ii), documentation of personal identity of such other type as the
Attorney General finds, by regulation, provides a reliable means
of identification.
"(2) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION. -- The
individual must attest, under penalty of perjury on the form
designated or established for purposes of paragraph (1), that the
individual is a citizen or national of the United States, an alien
lawfully admitted for permanent residence, or an alien who is
authorized under this Act or by the Attorney General to be hired,
recruited, or referred for such employment.
"(3) RETENTION OF VERIFICATION FORM. -- After completion of
such form in accordance with paragraphs (1) and (2), the person or
entity must retain the form and make it available for inspection
by officers of the Service or the Department of Labor during a
period beginning on the date of the hiring, recruiting, or
referral of the individual and ending --
"(A) in the case of the recruiting or referral for a fee
(without hiring) of an individual, three years after the date of
the recruiting or referral, and
"(B) in the case of the hiring of an individual --
"(i) three years after the date of such hiring, or
"(ii) one year after the date the individual's employment is
terminated, whichever is later.
"(4) COPYING OF DOCUMENTATION PERMITTED. -- Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise permitted
under law) for the purpose of complying with the requirements of
this subsection.
"(5) LIMITATION ON USE OF ATTESTATION FORM. -- A form
designated or established by the Attorney General under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement of
this Act and sections 1001, 1028, 1546, and 1621 of title 18,
United States Code.
"(c) NO AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS. -- Nothing
in this section shall be construed to authorize, directly or indirectly,
the issuance or use of national identification cards or the
establishment of a national identification card.
"(d) EVALUATION AND CHANGES IN EMPLOYMENT VERIFICATION SYSTEM. --
"(1) PRESIDENTIAL MONITORING AND IMPROVEMENTS IN SYSTEM. --
"(A) MONITORING. -- The President shall provide for the
monitoring and evaluation of the degree to which the employment
verification system established under subsection (b) provides a
secure system to determine employment eligibility in the United
States and shall examine the suitability of existing Federal and
State identification systems for use for this purpose.
"(B) IMPROVEMENTS TO ESTABLISH SECURE SYSTEM. -- To the extent
that the system established under subsection (b) is found not to
be a secure system to determine employment eligibility in the
United States, the President shall, subject to paragraph (3) and
taking into account the results of any demonstration projects
conducted under paragraph (4), implement such changes in
(including additions to) the requirements of subsection (b) as may
be necessary to establish a secure system to determine employment
eligibility in the United States. Such changes in the system may
be implemented only if the changes conform to the requirements of
paragraph (2).
"(2) RESTRICTIONS ON CHANGES IN SYSTEM. -- Any change the
President proposes to implement under paragraph (1) in the
verification system must be designed in a manner so the
verification system, as so changed, meets the following
requirements:
"(A) RELIABLE DETERMINATION OF IDENTITY. -- The system must be
capable of reliably determining whether --
"(i) a person with the identity claimed by an employee or
prospective employee is eligible to work, and
"(ii) the employee or prospective employee is claiming the
identity of another individual.
"(B) USING OF COUNTERFEIT-RESISTANT DOCUMENTS. -- If the
system requires that a document be presented to or examined by an
employer, the document must be in a form which is resistant to
counterfeiting and tampering.
"(C) LIMITED USE OF SYSTEM. -- Any personal information
utilized by the system may not be made available to Government
agenices, employers, and other persons except to the extent
necessary to verify that an individual is not an unauthorized
alien.
"(D) PRIVACY OF INFORMATION. -- The system must protect the
privacy and security of personal information and identifiers
utilized in the system.
"(E) LIMITED DENIAL OF VERIFICATION. -- A verification that an
employee or prospective employee is eligible to be employed in the
United States may not be withheld or revoked under the system for
any reason other than that the employee or prospective employee is
an unauthorized alien.
"(F) LIMITED USE FOR LAW ENFORCEMENT PURPOSES. -- The system
may not be used for law enforcement purposes, other than for
enforcement of this Act or sections 1001, 1028, 1546, and 1621 of
title 18, United States Code.
"(G) RESTRICTION ON USE OF NEW DOCUMENTS. -- If the system
requires individuals to present a new card or other document
(designed specifically for use for this purpose) at the time of
hiring, recruitment, or referral, then such document may not be
required to to be presented for any purpose other than under this
Act (or enforcement of sections 1001, 1028, 1546, and 1621 of
title 18, United States Code) nor to be carried on one's person.
"(3) NOTICE TO CONGRESS BEFORE IMPLEMENTING CHANGES. --
"(A) IN GENERAL. -- The President may not implement any change
under paragraph (1) unless at least --
"(i) 60 days,
"(ii) one year, in the case of a major change described in
subparagraph (D)(iii), or
"(iii) two years, in the case of a major change described in
clause (i) or (ii) of subparagraph (D), before the date of
implementation of the change, the President has prepared and
transmitted to the Committee on the Judiciary of the House of
Representatives and to the Committee on the Judiciary of the
Senate a written report setting forth the proposed change. If the
President proposes to make any change regarding social security
account number cards, the President shall transmit to the
Committee on Ways and Means of the House of Representatives and to
the Committee on Finance of the Senate a written report setting
forth the proposed change. The President promptly shall cause to
have printed in the Federal Register the substance of any major
change (described in subparagraph (D)) proposed and reported to
Congress.
"(B) CONTENTS OF REPORT. -- In any report under subparagraph
(A) the President shall include recommendations for the
establishment of civil and criminal sanctions for unauthorized use
or disclosure of the information or identifiers contained in such
system.
"(C) CONGRESSIONAL REVIEW OF MAJOR CHANGES. --
"(i) HEARINGS AND REVIEW. -- The Committees on the Judiciary
of the House of Representatives and of the Senate shall cause to
have printed in the Congressional Record the substance of any
major change described in subparagraph (D), shall hold hearings
respecting the feasibility and desirability of implementing such a
change, and, within the two year period before implementation,
shall report to their respective Houses findings on whether or not
such a change should be implemented.
"(ii) CONGRESSIONAL ACTION. -- No major change may be
implemented unless the Congress specifically provides, in an
appropriations or other Act, for funds for implementation of the
change.
"(D) MAJOR CHANGES REQUIRING TWO YEARS NOTICE AND CONGRESSIONAL
REVIEW. -- As used in this paragraph, the term 'major change'
means a change which would --
"(i) require an individual to present a new card or other
document (designed specifically for use for this purpose) at the
time of hiring, recruitment, or referral,
"(ii) provide for a telephone verification system under which
an employer, recruiter, or referrer must transmit to a Federal
official information concerning the immigration status of
prospective employees and the official transmits to the person,
and the person must record, a verification code, or
"(iii) require any change in any card used for accounting
purposes under the Social Security Act, "42 USC 301 note"
including any change requiring that the only social security
account number cards which may be presented in order to comply
with subsection (b)(1)(C)(i) are such cards as are in a
counterfeit-resistant form consistent with the second sentence of
section 205(c)(2)(D) of the Social Security Act. "42 USC 405"
"(E) GENERAL REVENUE FUNDING OF SOCIAL SECURITY CARD CHANGES.
-- Any costs incurred in developing and implementing any change
described in subparagraph (D)(iii) for purposes of this subsection
shall not be paid for out of any trust fund established under the
Social Security Act.
"(4) DEMONSTRATION PROJECTS. --
"(A) AUTHORITY. -- The President may undertake demonstration
projects (consistent with paragraph (2)) of different changes in
the requirements of subsection (b). No such project may extend
over a period of longer than three years.
"(B) REPORTS ON PROJECTS. -- The President shall report to the
Congress on the results of demonstration projects conducted under
this paragraph.
"(e) COMPLIANCE. --
"(1) COMPLAINTS AND INVESTIGATIONS. -- The Attorney General
shall establish procedures --
"(A) for individuals and entities to file written, signed
complaints respecting potential violations of subsection (a),
"(B) for the investigation of those complaints which, on their
face, have a substantial probability of validity,
"(C) for the investigation of such other violations of
subsection (a) as the Attorney General determines to be
appropriate, and
"(D) for the designation in the Service of a unit which has, as
its primary duty, the prosecution of cases of violations of
subsection (a) under this subsection.
"(2) AUTHORITY IN INVESTIGATIONS. -- In conducting
investigations and hearings under this subsection --
"(A) immigration officers and administrative law judges shall
have reasonable access to examine evidence of any person or entity
being investigated, and
"(B) administrative law judges may, if necessary, compel by
subpoena the attendance of witnesses and the production of
evidence at any designated place or hearing.
In case of contumacy or refusal to obey a subpoena lawfully
issued under this paragraph and upon application of the Attorney
General, an appropriate district court of the United States may
issue an order requiring compliance with such subpoena and any
failure to obey such order may be punished by such court as a
contempt thereof.
"(3) HEARING. --
"(A) IN GENERAL. -- Before imposing an order described in
paragraph (4) or (5) against a person or entity under this
subsection for a violation of subsection (a), the Attorney General
shall provide the person or entity with notice and, upon request
made within a reasonable time (of not less than 30 days, as
established by the Attorney General) of the date of the notice, a
hearing respecting the violation.
"(B) CONDUCT OF HEARING. -- Any hearing so requested shall be
conducted before an administrative law judge. The hearing shall
be conducted in accordance with the requirements of section 554 of
title 5, United States Code. The hearing shall be held at the
nearest practicable place to the place where the person or entity
resides or of the place where the alleged violation occurred. If
no hearing is so requested, the Attorney General's imposition of
the order shall constitute a final and unappealable order.
"(C) ISSUANCE OF ORDERS. -- If the administrative law judge
determines, upon the preponderance of the evidence received, that
a person or entity named in the complaint has violated subsection
(a), the administrative law judge shall state his findings of fact
and issue and cause to be served on such person or entity an order
described in paragraph (4) or (5).
"(4) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTY FOR
HIRING, RECRUITING, AND REFERRAL VIOLATIONS. -- With respect to a
violation of subsection (a)(1)(A) or (a)(2), the order under this
subsection --
"(A) shall require the person or entity to cease and desist
from such violations and to pay a civil penalty in an amount of --
"(i) not less than $250 and not more than $2,000 for each
unauthorized alien with respect to whom a violation of either such
subsection occurred,
"(ii) not less than $2,000 and not more than $5,000 for each
such alien in the case of a person or entity previously subject to
one order under this subparagraph, or
"(iii) not less than $3,000 and not more than $10,000 for each
such alien in the case of a person or entity previously subject to
more than one order under this subparagraph; and
"(B) may require the person or entity --
"(i) to comply with the requirements of subsection (b) (or
subsection (d) if applicable) with respect to individuals hired
(or recruited or referred for employment for a fee) during a
period of up to three years, and
"(ii) to take such other remedial action as is appropriate.
In applying this subsection in the case of a person or entity
composed of distinct, physically separate subdivisions each of
which provides separately for the hiring, recruiting, or referring
for employment, without reference to the practices of, and not
under the control of or common control with, another subdivision,
each such subdivision shall be considered a separate person or
entity.
"(5) ORDER FOR CIVIL MONEY PENALTY FOR PAPERWORK VIOLATIONS.
-- With respect to a violation of subsection (a)(1)(B), the order
under this subsection shall require the person or entity to pay a
civil penalty in an amount of not less than $100 and not more than
$1,000 for each individual with respect to whom such violation
occurred. In determining the amount of the penalty, due
consideration shall be given to the size of the business of the
employer being charged, the good faith of the employer, the
seriousness of the violation, whether or not the individual was an
unauthorized alien, and the history of previous violations.
"(6) ADMINISTRATIVE APPELLATE REVIEW. -- The decision and
order of an administrative law judge shall become the final agency
decision and order of the Attorney General unless, within 30 days,
the Attorney General modifies or vacates the decision and order,
in which case the decision and order of the Attorney General shall
become a final order under this subsection. The Attorney General
may not delegate the Attorney General's authority under this
paragraph to any entity which has review authority over
immigration-related matters.
"(7) JUDICIAL REVIEW. -- A person or entity adversely affected
by a final order respecting an assessment may, within 45 days
after the date the final order is issued, file a petition in the
Court of Appeals for the appropriate circuit for review of the
order.
"(8) ENFORCEMENT OF ORDERS. -- If a person or entity fails to
comply with a final order issued under this subsection against the
person or entity, the Attorney General shall file a suit to seek
compliance with the order in any appropriate district court of the
United States. In any such suit, the validity and appropriateness
of the final order shall not be subject to review.
"(f) CRIMINAL PENALITIES AND INJUNCTIONS FOR PATTERN OR PRACTICE
VIOLATIONS. --
"(1) CRIMINAL PENALTY. -- Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1)(A) or
(a)(2) shall be fined not more than $3,000 for each unauthorized
alien with respect to whom such a violation occurs, imprisoned for
not more than six months for the enitre pattern or practice, or
both, notwithstanding the provisions of any other Federal law
relating to fine levels.
"(2) ENJOINING OF PATTERN OR PRACTICE VIOLATIONS. -- Whenever
the Attorney General has reasonable cause to believe that a person
or entity is engaged in a pattern or practice of employment,
recruitment, or referral in violation of paragraph (1)(A) or (2)
of subsection (a), the Attorney General may bring a civil action
in the appropriate district court of the United States requesting
such relief, including a permanent or temporary injunction,
restraining order, or other order against the person or entity, as
the Attorney General deems necessary.
"(g) PROHIBITION OF INDEMNITY BONDS. --
"(1) PROHIBITION. -- It is unlawful for a person or other
entity, in the hiring, recruiting, or referring for employment of
any individual, to require the individual to post a bond or
security, to pay or agree to pay an amount, or otherwise to
provide a financial guarantee or indemnity, against any potential
liability arising under this section relating to such hiring,
recruiting, or referring of the individual.
"(2) CIVIL PENALTY. -- Any person or entity which is
determined, after notice and opportunity for an administrative
hearing, to have violated paragraph (1) shall be subject to a
civil penalty of $1,000 for each violation and to an
administrative order requiring the return of any amounts received
in violation of such paragraph to the employee or, if the employee
cannot be located, to the general fund of the Treasury.
"(h) MISCELLANEOUS PROVISIONS. --
"(1) DOCUMENTATION. -- In providing documentation or
endorsement of authorization of aliens (other than aliens lawfully
admitted for permanent residence) authorized to be employed in the
United States, the Attorney General shall provide that any
limitations with respect to the period or type of employment or
employer shall be conspicuously stated on the documentation or
endorsement.
"(2) PREEMPTION. -- The provisions of this section preempt any
State or local law imposing civil or criminal sanctions (other
than through licensing and similar laws) upon those who employ, or
recruit or refer for a fee for employment, unauthorized aliens.
"(3) DEFINITION OF UNAUTHORIZED ALIEN. -- As used in this
section, the term 'unauthorized alien' means, with respect to the
employment of an alien at a particular time, that the alien is not
at that time either (A) an alien lawfully admitted for permanent
residence, or (B) authorized to be so employed by this Act or by
the Attorney General.
"(i) EFFECTIVE DATES. --
"(1) 6-MONTH PUBLIC INFORMATION PERIOD. -- During the
six-month period beginning on the first day of the first month
after the date of the enactment of this section --
"(A) the Attorney General, in cooperation with the Secretaries
of Agriculture, Commerce, Health and Human Services, Labor, and
the Treasury and the Administrator of the Small Business
Administration, shall disseminate forms and information to
employers, employment agencies, and organizations representing
employees and provide for public education respecting the
requirements of this section, and
"(B) the Attorney General shall not conduct any proceeding, nor
issue any order, under this section on the basis of any violation
alleged to have occurred during the period.
"(2) 12-MONTH FIRST CITATION PERIOD. -- In the case of a
person or entity, in the first instance in which the Attorney
General has reason to believe that the person or entity may have
violated subsection (a) during the subsequent 12-month period, the
Attorney General shall provide a citation to the person or entity
indicating that such a violation or violations may have occurred
and shall not conduct any proceeding, nor issue any order, under
this section on the basis of such alleged violation or violations.
"(3) DEFERRAL OF ENFORCEMENT WITH RESPECT TO SEASONAL
AGRICULTURAL SERVICES. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
before the end of the application period (as defined in
subparagraph (C)(i)), the Attorney General shall not conduct any
proceeding, nor impose any penalty, under this section on the
basis of any violation alleged to have occurred with respect to
employment of an individual in seasonal agricultural services.
"(B) PROHIBITION OF RECRUITMENT OUTSIDE THE UNITED STATES. --
"(i) IN GENERAL. -- During the application period, it is
unlawful for a person or entity (including a farm labor
contractor) or an agent of such a person or entity, to recruit an
unauthorized alien (other than an alien described in clause (ii))
who is outside the United States to enter the United States to
perform seasonal agricultural services.
"(ii) EXCEPTION. -- Clause (i) shall not apply to an alien who
the person or entity reasonably believes meets the requirements of
section 210(a)(2) of this Act (relating to performance of seasonal
agricultural services).
"(iii) PENALTY FOR VIOLATION. -- A person, entity, or agent
that violates clause (i) shall be deemed to be subject to a order
under this section in the same manner as if it had violated
paragraph (1)(A), without regard to paragraph (2) of this
subsection.
"(C) DEFINITIONS. -- In this paragraph:
"(i) APPLICATION PERIOD. -- The term 'application period'
means the period described in section 210(a)(1).
"(ii) SEASONAL AGRICULTURAL SERVICES. -- The term 'seasonal
agricultural services' has the meaning given such term in section
210(h).
"(j) GENERAL ACCOUNTING OFFICE REPORTS. --
"(1) IN GENERAL. -- Beginning one year after the date of
enactment of this Act, and at intervals of one year thereafter for
a period of three years after such date, the Comptroller General
of the United States shall prepare and transmit to the Congress
and to the taskforce established under subsection (k) a report
describing the results of a review of the implementation and
enforcement of this section during the preceding twelve-month
period, for the purpose of determining if --
"(A) such provisions have been carried out satisfactorily;
"(B) a pattern of discrimination has resulted against citizens
or nationals of the United States or against eligible workers
seeking employment; and
"(C) an unnecessary regulatory burden has been created for
employers hiring such workers.
"(2) DETERMINATION ON DISCRIMINATION. -- In each report, the
Comptroller General shall make a specific determination as to
whether the implementation of that section has resulted in a
pattern of discrimination in employment (against other than
unauthorized aliens) on the basis of national origin.
"(3) RECOMMENDATIONS. -- If the Comptroller General has
determined that such a pattern of discrimination has resulted, the
report --
"(A) shall include a description of the scope of that
discrimination, and
"(B) may include recommendations for such legislation as may be
appropriate to deter or remedy such discrimination.
"(k) REVIEW BY TASKFORCE. --
"(1) ESTABLISHMENT OF JOINT TASKFORCE. -- The Attorney
General, jointly with the Chairman of the Commission on Civil
Rights and the Chairman of the Equal Employment Opportunity
Commission, shall establish a taskforce to review each report of
the Comptroller General transmitted under subsection (j)(1).
"(2) RECOMMENDATIONS TO CONGRESS. -- If the report transmitted
includes a determination that the implementation of this section
has resulted in a pattern of discrimination in employment (against
other than unauthorized aliens) on the basis of national origin,
the taskforce shall, taking into consideration any recommendations
in the report, report to Congress recommendations for such
legislation as may be appropriate to deter or remedy such
discrimination.
"(3) CONGRESSIONAL HEARINGS. -- The Committees on the
Judiciary of the House of Representatives and of the Senate shall
hold hearings respecting any report of the taskforce under
paragraph (2) within 60 days after the date of receipt of the
report.
"(l) TERMINATION DATE FOR EMPLOYER SANCTIONS. --
"(1) IF REPORT OF WIDESPREAD DISCRIMINATION AND CONGRESSIONAL
APPROVAL. -- The provisions of this section shall terminate 30
calendar days after receipt of the last report required to be
transmitted under subsection (j), if --
"(A) the Comptroller General determines, and so reports in such
report, that a widespread pattern of discrimination has resulted
against citizens or nationals of the United States or against
eligible workers seeking employment solely from the implementation
of this section; and
"(B) there is enacted, within such period of 30 calendar days,
a joint resolution stating in substance that the Congress approves
the findings of the Comptroller General contained in such report.
"(2) SENATE PROCEDURES FOR CONSIDERATION. -- Any joint
resolution referred to in clause (B) of paragraph (1) shall be
considered in the Senate in accordance with subsection (n).
"(m) EXPEDITED PROCEDURES IN THE HOUSE OF REPRESENTATIVES. -- For
the purpose of expediting the consideration and adoption of joint
resolutions under subsection (l), a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
"(n) EXPEDITED PROCEDURES IN THE SENATE. --
"(1) CONTINUITY OF SESSION. -- For purposes of subsection (a),
the continuity of a session of Congress is broken only by an
adjournment of the Congress sine die, and the days on which either
House is not in session because of an adjournment of more than
three days to a day certain are excluded in the computation of the
period indicated.
"(2) RULEMAKING POWER. -- Paragraphs (3) and (4) of this
subsection are enacted --
"(A) as an exercise of the rulemaking power of the Senate and
as such they are deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of joint resolutions referred to in
subsection (l), and supersede other rules of the Senate only to
the extent that such paragraphs are inconsistent therewith; and
"(B) with full recognition of the constitutional right of the
Senate to change such rules at any time, in the same manner as in
the case of any other rule of the Senate.
"(3) COMMITTEE CONSIDERATION. --
"(A) MOTION TO DISCHARGE. -- If the committee of the Senate to
which has been referred a joint resolution relating to the report
described in subsection (l) has not reported such joint resolution
at the end of ten calendar days after its introduction, not
counting any day which is excluded under paragraph (1) of this
subsection, it is in order to move either to discharge the
committee from further consideration of the joint resolution or to
discharge the committee from further consideration of any other
joint resolution introduced with respect to the same report which
has been referred to the committee, except that no motion to
discharge shall be in order after the committee has reported a
joint resolution with respect to the same report.
"(B) CONSIDERATION OF MOTION. -- A motion to discharge under
subparagraph (A) of this paragraph may be made only by a Senator
favoring the joint resolution, is privileged, and debate thereon
shall be limited to not more than 1 hour, to be divided equally
between those favoring and those opposing the joint resolution,
the time to be divided equally between, and controlled by, the
majority leader and the minority leader or their designees. An
amendment to the motion is not in order, and it is not in order to
move to reconsider the vote by which the motion is agreed to or
disagreed to.
"(4) MOTION TO PROCEED TO CONSIDERATION. --
"(A) IN GENERAL. -- A motion in the Senate to proceed to the
consideration of a joint resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it be in
order to move to reconsider the vote by which the motion is agreed
to or disagreed to.
"(B) DEBATE ON RESOLUTION. -- Debate in the Senate on a joint
resolution, and all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, to be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
"(C) DEBATE ON MOTION. -- Debate in the Senate on any
debatable motion or appeal in connection with a joint resolution
shall be limited to not more than 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the joint
resolution, except that in the event the manager of the joint
resolution is in favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority leader or
his designee. Such leaders, or either of them, may, from time
under their control on the passage of a joint resolution, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
"(D) MOTIONS TO LIMIT DEBATE. -- A motion in the Senate to
further limit debate on a joint resolution, debatable motion, or
appeal is not debatable. No amendment to, or motion to recommit,
a joint resolution is in order in the Senate.".
(2) INTERIM REGULATIONS. -- The Attorney General shall, not
later than the first day of the seventh month beginning after the
date of the enactment of this Act, "8 USC 1324a note" first issue,
on an interim or other basis, such regulations as may be necessary
in order to implement this section.
(3) GRANDFATHER FOR CURRENT EMPLOYEES. -- (A) Section 274A(
a)(1) "8 USC 1324a note" of the Immigration and Nationality Act
shall not apply to the hiring, or recruiting or referring of an
individual for employment which has occurred before the date of
the enactment of this Act.
(B) Section 274A(a)(2) "8 USC 1324a note" of the Immigration
and Nationality Act shall not apply to continuing employment of an
alien who was hired before the date of the enactment of this Act.
(b) CONFORMING AMENDMENTS TO MIGRANT AND SEASONAL AGRICULTURAL WORKER
PROTECTION ACT. -- (1) The Migrant and Seasonal Agricultural Worker
Protection Act "29 USC 1801 note" (Public Law 97-470) is amended --
(A) by striking out "101(a)(15)(H)(ii)" in paragraphs (8)(B)
and (10)(B) of section 3 (29 U.S.C. 1802) and inserting in lieu
thereof "101(a)(15)(H)(ii)(a)";
(B) in section 103(a) (29 U.S.C. 1813(a)) --
(i) by striking out "or" at the end of paragraph (4),
(ii) by striking out the period at the end of paragraph (5) and
inserting in lieu thereof "; or", and
(iii) by adding at the end the following new paragraph:
"(6) has been found to have violated paragraph (1) or (2) of
section 274A(a) of the Immigration and Nationality Act.";
(C) by striking out section 106 (29 U.S.C. 1816) and the
corresponding item in the table of contents; and
(D) by striking out "section 106" in section 501(b) (29 U.S.C.
1851(b)) and by inserting in lieu thereof "paragraph (1) or (2) of
section 274(A)(a) of the Immigration and Nationality Act".
(2) The amendments made by paragraph (1) shall apply to the
employment, recruitment, referral, or utilization of the services of an
individual occurring on or after the first day of the seventh month
beginning after the date of the enactment of this Act.
(c) CONFORMING AMENDMENT TO TABLE OF CONTENTS. -- The table of
contents is amended by inserting after the item relating to section 274
the following new item:
"Sec. 274A. Unlawful employment of aliens.".
(d) STUDY ON THE USE OF A TELEPHONE VERIFICATION SYSTEM FOR
DETERMINING EMPLOYMENT ELIGIBILITY OF ALIENS. "8 USC 1324a note" -- (1)
The Attorney General, in consultation with the Secretary of Labor and
the Secretary of Health and Human Services, shall conduct a study for
use by the Department of Justice in determining employment eligibility
of aliens in the United States. Such study shall concentrate on those
data bases that are currently available to the Federal Government which
through the use of a telephone and computation capability could be used
to verify instantly the employment eligibility status of job applicants
who are aliens.
(2) Such study shall be conducted in conjunction with any existing
Federal program which is designed for the purpose of providing
information on the resident or employment status of aliens for
employers. The study shall include an analysis of costs and benefits
which shows the differences in costs and efficiency of having the
Federal Government or a contractor perform this service. Such
comparisons should include reference to such technical capabilities as
processing techniques and time, verification techniques and time, backup
safeguards, and audit trail performance.
(3) Such study shall also concentrate on methods of phone
verification which demonstrate the best safety and service standards,
the least burden for the employer, the best capability for effective
enforcement, and procedures which are within the boundaries of the
Privacy Act of 1974.
(4) Such study shall be conducted within twelve months of the date of
enactment of this Act. "5 USC 522a notes"
(5) The Attorney General shall prepare and transmit to the Congress a
report --
(A) not later than six months after the date of enactment of
this Act, describing the status of such study; and
(B) not later than twelve months after such date, setting forth
the findings of such study.
(e) FEASIBILITY STUDY OF SOCIAL SECURITY NUMBER VALIDATION SYSTEM.
-- "8 USC 1324a note" The Secretary of Health and Human Services, acting
through the Social Security Administration and in cooperation with the
Attorney General and the Secretary of Labor, shall conduct a study of
the feasibility and costs of establishing a social security number
validation system to assist in carrying out the purposes of section 274A
of the Immigration and Nationality Act, and of the privacy concerns that
would be raised by the establishment of such a system. The Secretary
shall submit to the Committees on Ways and Means and Judiciary of the
House of Representatives and to the Committees on Finance and Judiciary
of the Senate, within 2 years after the date of the enactment of this
Act, a full and complete report on the results of the study together
with such recommendations as may be appropriate.
(f) COUNTERFEITING OF SOCIAL SECURITY ACCOUNT NUMBER CARDS. -- (1)
The Comptroller General of the United States, upon "42 USC 405 note"
consultation with the Attorney General and the Secretary of Health and
Human Services as well as private sector representatives (including
representatives of the financial, banking, and manufacturing
industries), shall inquire into technological alternatives for producing
and issuing social security account number cards that are more resistant
to counterfeiting than social security account number cards being issued
on the date of enactment of this Act by the Social Security
Administration, including the use of encoded magnetic, optical, or
active electronic media such as magnetic stripes, holograms, and
integrated circuit chips. Such inquiry should focus on technologies
that will help ensure the authenticity of the card, rather than the
identity of the bearer.
(2) The Comptroller General of the United States shall explore
additional actions that could be taken to reduce the potential for
fraudulently obtaining and using social security account number cards.
(3) Not later than one year after the date of enactment of this Act,
the Comptroller General of the United States shall prepare and transmit
to the Committee on the Judiciary and the Committee on Ways and Means of
the House of Representatives and the Committee on the Judiciary and the
Committee on Finance of the Senate a report setting forth his findings
and recommendations under this subsection.
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) IN GENERAL. -- Chapter 8 of title II is further amended by
inserting after section 274A, as inserted by section 101(a), the
following new section:
"SEC. 274B. "8 USC 1324b" (a) PROHIBITION OF DISCRIMINATION BASED ON
NATIONAL ORIGIN OR CITIZENSHIP STATUS. --
"(1) GENERAL RULE. -- It is an unfair immigration-related
employment practice for a person or other entity to discriminate
against any individual (other than an unauthorized alien) with
respect to the hiring, or recruitment or referral for a fee, of
the individual for employment or the discharging of the individual
from employment --
"(A) because of such individual's national origin, or
"(B) in the case of a citizen or intending citizen (as defined
in paragraph (3)), because of such individual's citizenship
status.
"(2) EXCEPTIONS. -- Paragraph (1) shall not apply to --
"(A) a person or other entity that employs three or fewer
employees,
"(B) a person's or entity's discrimination because of an
individual's national origin in the discrimination with respect to
that person or entity and that individual is covered under section
703 "42 USC 2000e-2" of the Civil Rights Act of 1964, or
"(C) discrimination because of citizenship status which is
otherwise required in order to comply with law, regulation, or
executive order, or required by Federal, State, or local
government contract, or which the Attorney General determines to
be essential for an employer to do business with an agency or
department of the Federal, State, or local government.
"(3) DEFINITION OF CITIZEN OR INTENDING CITIZEN. -- As used in
paragraph (1), the term "citizen or intending citizen' means an
individual who --
"(A) is a citizen or national of the United States, or
"(B) is an alien who --
"(i) is lawfully admitted for permanent residence, is granted
the status of an alien lawfully admitted for temporary residence
under section 245A(a)(1), "8 USC 1255" is admitted as a refugee
under section 207, "8 USC 1157" or is granted asylum under section
208, "8 USC 1158" and
"(ii) evidences an intention to become a citizen of the United
States through completing a declaration of intention to become a
citizen; but does not include (I) an alien who fails to apply for
naturalization within six months of the date the alien first
becomes eligible (by viture of period of lawful permanent
residence) to apply for naturalization or, if later, within six
months after the date of the enactment of this section and (II)
and alien who has applied on a timely basis, but has not been
naturalized as a citizen within 2 years after the date of the
application, unless the alien can establish that the alien is
actively pursuing naturalization, except that time consumed in the
Service's processing the application shall not be counted toward
the 2-year period.
"(4) ADDITIONAL EXCEPTION PROVIDING RIGHT TO PREFER EQUALLY
QUALIFIED CITIZENS. -- Notwithstanding any other provision of
this section, it is not an unfair immigration-related employment
practice for a person or other entity to prefer to hire, recruit,
or refer an individual who is a citizen or national of the United
States over another individual who is an alien if the two
individuals are equally qualified.
"(b) CHARGES OF VIOLATIONS. --
"(1) IN GENERAL. -- Except as provided in paragraph (2), any
person alleging that the person is adversely affected directly by
an unfair immigration-related employment practice (or a person on
that person's behalf) or an officer of the Service alleging that
an unfair immigration-related employment practice has occurred or
is occurring may file a charge respecting such practice or
violation with the Special Counsel (appointed under subsection
(c)). Charges shall be in writing under oath or affirmation and
shall contain such information as the Attorney General requires.
The Special Counsel by certified mail shall serve a notice of the
charge (including the date, place, and circumstances of the
alleged unfair immigration-related employment practice) on the
person or entity involved within 10 days.
"(2) NO OVERLAP WITH EEOC COMPLAINTS. -- No charge may be
filed respecting an unfair immigration-related employment practice
described in subsection (a)(1)(A) if a charge with respect to that
practice based on the same set of facts has been filed with the
Equal Employment Opportunity Commission under title VII of the
Civil Rights Act of 1964 "42 USC 2000e" unless the charge is
dismissed as being outside the scope of such title. No charge
respecting an employment practice may be filed with the Equal
Employment Opportunity Commission under such title if a charge
with respect to such practice based on the same set of facts has
been filed under this subsection, unless the charge is dismissed
under this section as being outside the scope of this section.
"(c) SPECIAL COUNSEL. --
"(1) APPOINTMENT. -- The President shall appoint, by and with
the advice and consent of the Senate, a Special Counsel for
Immigration-Related Unfair Employment Practices (hereinafter in
this section referred to as the 'Special Counsel') within the
Department of Justice to serve for a term of four years. In the
case of a vacancy in the office of the Special Counsel the
President may designate the officer or employee who shall act as
Special Counsel during such vacancy.
"(2) DUTIES. -- The Special Counsel shall be responsible for
investigation of charges and issuance of complaints under this
section and in respect of the prosecution of all such complaints
before administrative law judges and the exercise of certain
functions under subsection (j)(1).
"(3) COMPENSATION. -- The Special Counsel is entitled to
receive compensation at a rate not to exceed the rate now or
hereafter provided for grade GS-17 of the General Schedule, under
section 5332 of title 5, United States Code.
"(4) REGIONAL OFFICES. -- The Special Counsel, in accordance
with regulations of the Attorney General, shall establish such
regional offices as may be necessary to carry out his duties.
"(d) INVESTIGATION OF CHARGES. --
"(1) BY SPECIAL COUNSEL. -- The Special Counsel shall
investigate each charge received and, within 120 days of the date
of the receipt of the charge, determine whether or not there is
reasonable cause to believe that the charge is true and whether or
not to bring a complaint with respect to the charge before an
administrative law judge. The Special Counsel may, on his own
initiative, conduct investigations respecting unfair
immigration-related employment practices and, based on such an
investigation and subject to paragraph (3), file a complaint
before such a judge.
"(2) PRIVATE ACTIONS. -- If the Special Counsel, after
receiving such a charge respecting an unfair immigration-related
employment practice which alleges knowing and intentional
discriminatory activity or a pattern or practice of discriminatory
activity, has not filed a complaint before an administrative law
judge with respect to such charge within such 120-day period, the
person making the charge may (subject to paragraph (3)) file a
complaint directly before such a judge.
"(3) TIME LIMITATIONS ON COMPLAINTS. -- No complaint may be
filed respecting any unfair immigration-related employment
practice occurring more than 180 days prior to the date of the
filing of the charge with the Special Counsel. This subparagraph
shall not prevent the subsequent amending of a charge or complaint
under subsection (e)(1).
"(e) HEARINGS. --
"(1) NOTICE. -- Whenever a complaint is made that a person or
entity has engaged in or is engaging in any such unfair
immigration-related employment practice, an administrative law
judge shall have power to issue and cause to be served upon such
person or entity a copy of the complaint and a notice of hearing
before the judge at a place therein fixed, not less than five days
after the serving of the complaint. Any such complaint may be
amended by the judge conducting the hearing, upon the motion of
the party filing the complaint, in the judge's discretion at any
time prior to the issuance of an order based thereon. The person
or entity so complained of shall have the right to file an answer
to the original or amended complaint and to appear in person or
otherwise and give testimony at the place and time fixed in the
complaint.
"(2) JUDGES HEARING CASES. -- Hearings on complaints under
this subsection shall be considered before administrative law
judges who are specially designated by the Attorney General as
having special training respecting employment discrimination and,
to the extent practicable, before such judges who only consider
cases under this section.
"(3) COMPLAINANT AS PARTY. -- Any person filing a charge with
the Special Counsel respecting an unfair immigration-related
employment practice shall be considered a party to any complaint
before an administrative law judge respecting such practice and
any subsequent appeal respecting that complaint. In the
discretion of the judge conducting the hearing, any other person
may be allowed to intervene in the said proceeding and to present
testimony.
"(f) TESTIMONY AND AUTHORITY OF HEARING OFFICERS. --
"(1) TESTIMONY. -- The testimony taken by the administrative
law judge shall be reduced to writing. Thereafter, the judge, in
his discretion, upon notice may provide for the taking of further
testimony or hear argument.
"(2) AUTHORITY OF ADMINISTRATIVE LAW JUDGES. -- In conducting
investigations and hearings under this subsection and in
accordance with regulations of the Attorney General, the Special
Counsel and administrative law judges shall have reasonable access
to examine evidence of any person or entity being investigated.
The administrative law judges by subpoena may compel the
attendance of witnesses and the production of evidence at any
designated place or hearing. In case of contumacy or refusal to
obey a subpoena lawfully issued under this paragraph and upon
application of the administrative law judge, an appropriate
district court of the United States may issue an order requiring
compliance with such subpoena and any failure to obey such order
may be punished by such court as a contempt thereof.
"(g) DETERMINATIONS. --
"(1) ORDER. -- The administrative law judge shall issue and
cause to be served on the parties to the proceeding an order,
which shall be final unless appealed as provided under subsection
(i).
"(2) ORDERS FINDING VIOLATIONS. --
"(A) IN GENERAL. -- If, upon the preponderance of the
evidence, an administrative law judge determines that that any
person or entity named in the complaint has engaged in or is
engaging in any such unfair immigration-related employment
practice, then the judge shall state his findings of fact and
shall issue and cause to be served on such person or entity to
cease and desist from such unfair immigration-related employment
practice.
"(B) CONTENTS OF ORDER. -- Such an order also may require the
person or entity --
"(i) to comply with the requirements of section 274A(b) with
respect to individuals hired (or recruited or referred for
employment for a fee) during a period of up to three years;
"(ii) to retain for the period referred to in clause (i) and
only for purposes consistent with seciton 274(b)(5), "8 USC 1324"
the name and address of each individual who applies, in person or
in writing, for hiring for an existing position, or for recruiting
or referring for a fee, for employment in the United States;
"(iii) to hire individuals directly and adversely affected,
with or without back pay; and
"(iv)(I) except as provided in subclause (II), to pay a civil
penalty of not more than $1,000 for each individual discriminated
against, and
"(II) in the case of a person or entity previously subject to
such an order, to pay a civil penalty of not more than $2,000 for
each individual discriminated against.
"(C) LIMITATION ON BACK PAY REMEDY. -- In providing a remedy
under subparagraph (B)(iii), back pay liability shall not accrue
from a date more than two years prior to the date of the filing of
a charge with an administrative law judge. Interim earnings or
amounts earnable with reasonable diligence by the individual or
individuals discriminated against shall operate to reduce the back
pay otherwise allowable under such subparagraph. No order shall
require the hiring of an individual as an employee or the payment
to an individual of any back pay, if the individual was refused
employment for any reason other than discrimination on account of
national origin or citizenship status.
"(D) TREATMENT OF DISTINCT ENTITIES. -- In applying this
subsection in the case of a person or entity composed of distinct,
physically separate subdivisions of each of which provides
separately for the hiring, recruiting, or referring for
employment, without reference to the practices of, and not under
the control of or common control with, another subdivision shall
be considered a separate person or entity.
"(3) ORDERS NOT FINDING VIOLATIONS. -- If upon the
preponderance of the evidence an administrative law judge
determines that the person or entity named in the complaint has
not engaged or is not engaging in any such unfair
immigration-related employment practice, then the judge shall
state his findings of fact and shall issue an order dismissing the
complaint.
"(h) AWARDING OF ATTORNEYS' FEES. -- In any complaint respecting an
unfair immigration-related employment practice, an administrative law
judge, in the judge's discretion, may allow a prevailing party, other
than the United States, a reasonable attorney's fee, if the losing
party's argument is without reasonable foundation in law and fact.
"(i) REVIEW OF FINAL ORDERS. --
"(1) IN GENERAL. -- Not later than 60 days after the entry of
such final order, any person aggrieved by such final order may
seek a review of such order in the United States court of appeals
for the circuit in which the violation is alleged to have occurred
or in which the employer resides or transacts business.
"(2) FURTHER REVIEW. -- Upon the filing of the record with the
court, the jurisdiction of the court shall be exclusive and its
judgment shall be final, except that the same shall be subject to
review by the Supreme Court of the United States upon writ of
certiorari or certification as provided in section 1254 of title
28, United States Code.
"(j) COURT ENFORCEMENT OF ADMINISTRATIVE ORDERS. --
"(1) IN GENERAL. -- If an order of the agency is not appealed
under subsection (i)(1), the Special Counsel (or, if the Special
Counsel fails to act, the person filing the charge) may petition
the United States district court for the district in which a
violation of the order is alleged to have occurred, or in which
the respondent resides or transacts business, for the enforcement
of the order of the administrative law judge, by filing in such
court a written petition praying that such order be enforced.
"(2) COURT ENFORCEMENT ORDER. -- Upon the filing of such
petition, the court shall have jurisdiction to make and enter a
decree enforcing the order of the administrative law judge. In
such a proceeding, the order of the administrative law judge shall
not be subject to review.
"(3) ENFORCEMENT DECREE IN ORIGINAL REVIEW. -- If, upon appeal
of an order under subsection (i)(1), the United States court of
appeals does not reverse such order, such court shall have the
jurisdiction to make and enter a decree enforcing the order of the
administrative law judge.
"(4) AWARDING OF ATTORNEY'S FEES. -- In any judicial
proceeding under subsection (i) or this subsection, the court, in
its discretion, may allow a prevailing party, other than the
United States, a reasonable attorney's fee as part of costs but
only if the losing party's argument is without reasonable
foundation in law and fact.
"(k) TERMINATION DATES. --
"(1) This section shall not apply to discrimination in hiring,
recruiting, referring, or discharging of individuals occurring
after the date of any termination of the provisions of section
274A, under subsection (1) of that section.
"(2) The provisions of this section shall terminate 30 calendar
days after receipt of the last report required to be transmitted
under section 274A(j) if --
"(A) the Comptroller General determines, and so reports in such
report that --
"(i) no significant discrimination has resulted, against
citizens or nationals of the United States or against any eligible
workers seeking employment, from the implementation of section
274A, or
"(ii) such section has created an unreasonable burden on
employers hiring such workers; and
"(B) there has been enacted, within such period of 30 calendar
days, a joint resolution stating in substance that the Congress
approves the findings of the Comptroller General contained in such
report.
The provisions of subsections (m) and (n) of section 274A shall
apply to any joint resolution under subsection (l) of such
section.".
(b) NO EFFECT ON EEOC AUTHORITY. -- Except as may be specifically
provided in this section, "8 USC 1324b note" nothing in this section
shall be construed to restrict the authority of the Equal Employment
Opportunity Commission to investigate allegations, in writing and under
oath or affirmation, of unlawful employment practices, as provided in
section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5), or any
other authority provided therein.
(c) CLERICAL AMENDMENT. -- The table of contents is amended by
inserting after the item relating to section 274A (as added by section
101(c)) the following new item:
practices.".
DOCUMENTS.
(a) APPLICATION TO ADDITIONAL DOCUMENTS. -- Section 1546 of title
18, United States Code, is amended --
(1) by amending the heading to read as follows:
other documents";
(2) by striking out "or other document required for entry into
the United States" in the first paragraph and inserting in lieu
thereof "border crossing card, alien registration receipt card, or
other document prescribed by statute or regulation for entry into
or as evidence of authorized stay or employment in the United
States";
(3) by striking out "or document" in the first paragraph and
inserting in lieu thereof "border crossing card, alien
registration receipt card, or other document prescribed by statute
or regulation for entry into or as evidence of authorized stay or
employment in the United States";
(4) by striking out "$2,000" and inserting in lieu thereof "in
accordance with this title";
(5) by inserting "(a)" before "Whoever" the first place it
appears; and
(6) by adding at the end the following new subsections:
"(b) Whoever uses --
"(1) an identification document, knowing (or having reason to
know) that the document was not issued lawfully for the use of the
possessor,
"(2) an identification document knowing (or having reason to
know) that the document is false, or
"(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the
Immigration and Nationality Act, shall be fined in accordance with this
title, or imprisoned not more than two years, or both.
"(c) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law enforcement
agency of the United States, a State, or a subdivision of a State, or of
an intelligence agency of the United States, or any activity authorized
under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note
prec. 3481).".
(b) CLERICAL AMENDMENT. -- The item relating to section 1546 in the
table of sections of chapter 75 of such title is amended to read as
follows:
"1546. Fraud and misuse of visas, permits, and other
documents.".
AND "8 USC 1101 note" SERVICE ACTIVITIES OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
(a) TWO ESSENTIAL ELEMENTS. -- It is the sense of Congress that two
essential elements of the program of immigration control established by
this Act are --
(1) an increase in the border patrol and other inspection and
enforcement activities of the Immigration and Naturalization
Service and of other appropriate Federal agencies in order to
prevent and deter the illegal entry of aliens into the United
States and the violation of the terms of their entry, and
(2) an increase in examinations and other service activities of
the Immigration and Naturalization Service and other appropriate
Federal agencies in order to ensure prompt and efficient
adjudication of petitions and applications provided for under the
Immigration and Nationality Act. "8 USC 1101 note"
(b) INCREASED AUTHORIZATION OF APPROPRIATIONS FOR INS AND EOIR. -- In
addition to any other amounts authorized to be appropriated, in order to
carry out this Act there are authorized to be appropriated to the
Department of Justice --
(1) for the Immigration and Naturalization Service, for fiscal
year 1987, $422,000,000, and for fiscal year 1988, $419,000,000;
and
(2) for the Executive Office of Immigration Review, for fiscal
year 1987, $12,000,000, and for fiscal year 1988, $15,000,000.
Of the amounts authorized to be appropriated under paragraph (1)
sufficient funds shall be available to provide for an increase in the
border patrol personnel of the Immigration and Naturalization Service so
that the average level of such personnel in each of fiscal years 1987
and 1988 is at least 50 percent higher than such level for fiscal year
1986.
(c) USE OF FUNDS FOR IMPROVED SERVICES. -- Of the funds appropriated
to the Department of Justice for the Immigration and Naturalization
Service, the Attorney General shall provide for improved immigration and
naturalization services and for enhanced community outreach and
in-service training of personnel of the Service. Such enhanced
community outreach may include the establishment of appropriate local
community taskforces to improve the working relationship between the
Service and local community groups and organizations (including
employers and organizations representing minorities).
(d) SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR WAGE AND HOUR
ENFORCEMENT. -- There are authorized to be appropriated, in addition to
such sums as may be available for such purposes, such sums as may be
necessary to the Department of Labor for enforcement activities of the
Wage and Hour Division and the Office of Federal Contract Compliance
Programs within the Employment Standards Administration of the
Department in order to deter the employment of unauthorized aliens and
remove the economic incentive for employers to exploit and use such
aliens.
STATES.
(a) CRIMINAL PENALTIES. -- Subsection (a) of Section 274 (8 U.S.C.
1324) is amended to read as follows:
"(a) CRIMINAL PENALTIES. -- (1) Any person who --
"(A) knowing that a person is an alien, brings to or attempts
to bring to the United States in any manner whatsoever such person
at a place other than a designated port of entry or place other
than as designated by the Commission, regardless of whether such
alien has received prior official authorization to come to, enter,
or reside in the United States and regardless of any future
official action which may be taken with respect to such alien;
"(B) knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in violation
of law, transports, or moves or attempts to transport or move such
alien within the United States by means of transportation or
otherwise, in furtherance of such violation of law;
"(C) knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in violation
of law, conceals, harbors, or shields from detection, or attempts
to conceal, harbor, or shield from detection, such alien in any
place, including any building or any means of transportation; or
"(D) encourages or induces an alien to come to, enter, or
reside in the United States, knowing or in reckless disregard of
the fact that such coming to, entry, or residence is or will be in
violation of law,
shall be fined in accordance with title 18, United States Code,
imprisoned not more than five years, or both, for each alien in respect
to whom any violation of this subsection occurs.
"(2) Any person who, knowing or in reckless disregard of the fact
that an alien has not received prior official authorization to come to,
enter, or reside in the United States, brings to or attempts to bring to
the United States in any manner whatsoever, such alien, regardless of
any official action which may later be taken with respect to such alien
shall, for each transaction constituting a violation of this paragraph,
regardless of the number of aliens involved --
"(A) be fined in accordance with title 18, United States Code,
or imprisoned not more than one year, or both; or
"(B) in the case of --
"(i) a second or subsequent offense,
"(ii) an offense done for the purpose of commercial advantage
or private financial gain, or
"(iii) an offense in which the alien is not upon arrival
immediately brought and presented to an appropriate immigration
officer at a designated port of entry, be fined in accordance with
title 18, United States Code, or imprisoned not more than five
years, or both.".
(b) MISCELLANEOUS AMENDMENTS TO SEIZURE AND FORFEITURE PROCEDURES.
-- Subsection (b) of such section is amended --
(1) in paragraph (1) before subparagraph (A) by striking out
"is used" and inserting in lieu thereof "has been or is being
used",
(2) by striking out "subject to seizure and" in paragraph (1)
and inserting in lieu thereof "seized and subject to",
(3) by inserting "or is being" after "has been" in paragraph
(2),
(4) by striking out "conveyances" in paragraph (3) and
inserting in lieu thereof "property",
(5) by inserting ", or the Federal Maritime Commission if
appropriate under section 203(i) of the Federal Property and
Administrative Services Act of 1949," "40 USC 484" in paragraph
(4)(C) after "General Services Administration",
(6) in paragraph (4) --
(A) by striking out "or" at the end of subparagraph (B),
(B) by striking out the period at the end of subparagraph (C)
and inserting in lieu thereof "; or", and
(C) by inserting after such subparagraph the following new
subparagraph:
"(D) dispose of the conveyance in accordance with the terms and
conditions of any petition of remission or mitigation of
forfeiture granted by the Attorney General.";
(7) by striking out ": Provided, That" in paragraph (5) and
inserting in lieu thereof ", except that",
(8) by striking out "was not lawfully entitled to enter, or
reside within, the United States" in paragraph (5) and inserting
in lieu thereof "had not received prior official authorization to
come to, enter, or reside in the United States or that such alien
had come to, entered, or remained in the United States in
violation of law" each place it appears, and
(9) by inserting "or of the Department of State" in paragraph
(5)(B) after "Service".
SEC. 113. IMMIGATION EMERGENCY FUND.
Section 404 (8 U.S.C. 1101 note) is amended by inserting "(a)" after
"Sec. 404." and by adding at the end the following new subsection:
"(b) There are authorized to be appropriated to an immigration
emergency fund, to be established in the Treasury, $35,000,000, to be
used to provide for an increase in border patrol or other enforcement
activities of the Service and for reimbursement of State and localities
in providing assistance as requested by the Attorney General in meeting
an immigration emergency, except that no amounts may be withdrawn from
such fund with respect to an emergency unless the President has
determined that the immigration 0emergency exists and has certified such
fact to the Judiciary Committees of the House of Representatives and of
the Senate.".
SEC.114. LIABILITY OF OWNERS AND OPERATORS OF INTERNATIONAL BRIDGES
AND TOLL ROADS TO PREVENT THE UNAUTHORIZED LANDING OF ALIENS.
Section 271 (8 U.S.C. 1321) is amended by inserting at the end the
following new subsection:
"(c)(1) Any owner or operator of a railroad line, international
bridge, or toll road who establishes to the satisfaction of the Attorney
General that the person has acted diligently and reasonably to fulfill
the duty imposed by subsection (a) shall not be liable for the penalty
described in such subsection, notwithstanding the failure of the person
to prevent the unauthorized landing of any alien.
"(2)(A) At the request of any person described in paragraph (1), the
Attorney General shall inspect any facility established, or any method
utilized, at a point of entry into the United States by such person for
the purpose of complying with subsection (a). The Attorney General
shall approve any such facility or method (for such period of time as
the Attorney General may prescribe) which the Attorney General
determines is satisfactory for such purpose.
"(B) Proof that any person described in paragraph (1) has diligently
maintained any facility, or utilized any method, which has been approved
by the Attorney General under subparagraph (A) (within the period for
which the approval is effective) shall be prima facie evidence that such
person acted diligently and reasonably to fulfill the duty imposed by
subsection (a) (within the meaning of paragraph (1) of this
subsection).".
SEC. 115. ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED STATES.
It is the sense of the Congress that --
(1) the immigration laws of the United States should be
enforced vigorously and uniformly, and
(2) in the enforcement of such laws, the Attorney General shall
take due and deliberate actions necessary to safeguard the
constitutional rights, personal safety, and human dignity of
United States citizens and aliens.
SEC. 116. RESTRICTING WARRANTLESS ENTRY IN THE CASE OF OUTDOOR
AGRICULTURAL OPERATIONS.
Section 287 (8 U.S.C. 1357) is amended by adding at the end the
following new subsection:
"(d) Notwithstanding any other provision of this section other than
paragraph (3) of subsection (a), an officer or employee of the Service
may not enter without the consent of the owner (or agent thereof) or a
properly executed warrant onto the premises of a farm or other outdoor
agricultural operation for the purpose of interrogating a person
believed to be an alien as to the person's right to be or to remain in
the United States.".
SEC. 117. RESTRICTIONS ON ADJUSTMENT OF STATUS.
Section 245(c)(2) (8 U.S.C. 1255(c)(2) is amended by inserting after
"hereafter continues in or accepts unauthorized employment prior to
filing an application for adjustment of status" the following: "or who
is not in legal immigration status on the date of filing the application
for adjustment of status or who has failed (other than through no fault
of his own for technical reasons) to maintain continuously a legal
status since entry into the United States".
SEC. 121. VERIFICATION OF IMMIGRATION STATUS OF ALIENS APPLYING FOR
BENEFITS UNDER CERTAIN PROGRAMS.
(a) REQUIRING IMMIGRATION STATUS VERIFICATION. --
(1) UNDER AFDC, MEDICAID, UNEMPLOYMENT COMPENSATION, AND FOOD
STAMP PROGRAMS. -- Section 1137 of the Social Security Act (42
U.S.C. 1320b-7) is amended --
(A) in the matter in subsection (a) before paragraph (1), by
inserting "which meets the requirements of subsection (d) and"
after "income and eligibility verification system",
(B) in subsection (b), by striking out "income verification
system" in the matter preceding paragraph (1) and inserting in
lieu thereof "income and eligibility verification system", and
(C) by adding at the end the following new subsections:
"(d) The requirements of this subsection, with respect to an income
and eligibility verification system of a State, are as follows:
"(1)(A) The State shall require, as a condition of an individual's
eligibility for benefits under any program listed in subsection (b), a
declaration in writing by the individual (or, in the case of an
individual who is a child, by another on the individual's behalf), under
penalty of perjury, stating whether or not the individual is a citizen
or national of the United States, and, if that individual is not a
citizen or national of the United States, that the individual is in a
satisfactory immigration status.
"(B) In this subsection --
"(i) in the case of the program described in subsection (b)(
1), any reference to an individual's eligibility for benefits
under the program shall be considered a reference to the
individual's being considered a dependent child or to the
individual's being treated as a caretaker relative or other person
whose needs are to be taken into account in making the
determination under section 402(a)(7), "8 USC 1546"
"(ii) in the case of the program described in subsection (b)(
4) --
"(I) any reference to the State shall be considered a reference
to the State agency, and
"(II) any reference to an individual's eligibility for benefits
under the program shall be considered a reference to the
individual's eligibility to participate in the program as a member
of a household, and
"(III) the term 'satisfactory immigration status' means an
immigration status which does not make the individual ineligible
for benefits under the applicable program.
"(2) If such an individual is not a citizen or national of the United
States, there must be presented either --
"(A) alien registration documentation or other proof of
immigration registration from the Immigration and Naturalization
Service that contains the individual's alien admission number or
alien file number (or numbers if the individual has more than one
number), or
"(B) such other documents as the State determines constitutes
reasonable evidence indicating a satisfactory immigration status.
"(3) If the documentation described in paragraph (2)(A) is presented,
the State shall utilize the individual's alien file or alien admission
number to verify with the Immigration and Naturalization Service the
individual's immigration status through an automated or other system
(designated by the Service for use with States) that --
"(A) utilizes the individual's name, file number, admission
number, or other means permitting efficient verification, and
"(B) protects the individual's privacy to the maximum degree
possible.
"(4) In the case of such an individual who is not a citizen or
national of the United States, if, at the time of application for
benefits, the statement described in paragraph (1) is submitted but the
documentation required under paragraph (2) is not presented or if the
documentation required under paragraph (2)(A) is presented but such
documentation is not verified under paragraph (3) --
"(A) the State --
"(i) shall provide a reasonable opportunity to submit to the
State evidence indicating a satisfactory immigration status, and
"(ii) may not delay, deny, reduce, or terminate the
individual's eligibility for benefits under the program on the
basis of the individual's immigration status until such a
reasonable opportunity has been provided; and
"(B) if there are submitted documents which the State
determines constitutes reasonable evidence indicating such status
--
"(i) the State shall transmit to the Immigration and
Naturalization Service photostatic or other similar copies of such
documents for official verification,
"(ii) pending such verification, the State may not delay, deny,
reduce, or terminate the individual's eligibility for benefits
under the program on the basis of the individual's immigration
status, and
"(iii) the State shall not be liable for the consequences of
any action, delay, or failure of the Service to conduct such
verification.
"(5) If the State determines, after complying with the
requirements of paragraph (4), that such an individual is not in a
satisfactory immigration status under the applicable program --
"(A) the State shall deny or terminate the individual's
eligibility for benefits under the program, and
"(B) the applicable fair hearing process shall be made
available with respect to the individual.
"(e) Each Federal agency responsible for administration of a program
described in subsection (b) shall not take any compliance, disallowance,
penalty, or other regulatory action against a State with respect to any
error in the State's determination to make an individual eligible for
benefits based on citizenship or immigration status --
"(1) if the State has provided such eligibility based on a
verification of satisfactory immigration status by the Immigration
and Naturalization Service,
"(2) because the State, under subsection (d)(4)(A)(ii), was
required to provide a reasonable opportunity to submit
documentation,
"(3) because the State, under subsection (d)(4)(B)(ii), was
required to wait for the response of the Immigration and
Naturalization Service to the State's request for official
verification of the immigration status of the individual, or
"(4) because of a fair hearing process described in subsection
(d)(5)(B).".
(2) UNDER HOUSING ASSISTANCE PROGRAMS. -- Section 214 of the
Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended by adding at the end the following new subsections:
"(d) The following conditions apply with respect to financial
assistance being provided for the benefit of an individual:
"(1)(A) There must be a declaration in writing by the
individual (or, in the case of an individual who is a child, by
another on the individual's behalf), under penalty of perjury,
stating whether or not the individual is a citizen or national of
the United States, and, if that individual is not a citizen or
national of the United States, that the individual is in a
satisfactory immigration status.
"(B) In this subsection, the term 'satisfactory immigration
status' means an immigration status which does not make the
individual ineligible for financial assistance.
"(2) If such an individual is not a citizen or national of the
United States, there must be presented either --
"(A) alien registration documentation or other proof of
immigration registration from the Immigration and Naturalization
Service that contains the individual's alien admission number or
alien file number (or numbers if the individual has more than one
number), or
"(B) such other documents as the Secretary determines
constitutes reasonable evidence indicating a satisfactory
immigration status.
"(3) If the documentation described in paragraph (2)(A) is
presented, the Secretary shall utilize the individual's alien file
or alien admission number to verify with the Immigration and
Naturalization Service the individual's immigration status through
an automated or other system (designated by the Service for use
with States) that --
"(A) utilizes the individual's name, file number, admission
number, or other means permitting efficient verification, and
"(B) protects the individual's privacy to the maximum degree
possible.
"(4) In the case of such an individual who is not a citizen or
national of the United States, if, at the time of application for
financial assistance, the statement described in paragraph (1) is
submitted but the documentation required under paragraph (2) is
not presented or if the documentation required under paragraph
(2)(A) is presented but such documentation is not verified under
paragraph (3) --
"(A) the Secretary --
"(i) shall provide a reasonable opportunity to submit to the
Secretary evidence indicating a satisfactory immigration status,
and
"(ii) may not delay, deny, reduce, or terminate the
individual's eligibility for financial assistance on the basis of
the individual's immigration status until such a reasonable
opportunity has been provided; and
"(B) if there are submitted documents which the Secretary
determines constitutes reasonable evidence indicating such status
--
"(i) the Secretary shall transmit to the Immigration and
Naturalization Service photostatic or other similar copies of such
documents for official verification,
"(ii) pending such verification, the Secretary may not delay,
deny, reduce, or terminate the individual's eligibility for
financial assistance on the basis of the individual's immigration
status, and
"(iii) the Secretary shall not be liable for the consequences
of any action, delay, or failure of the Service to conduct such
verification.
"(5) If the Secretary determines, after complying with the
requirements of paragraph (4), that such an individual is not in a
satisfactory immigration status --
"(A) the Secretary shall deny or terminate the individual's
eligibility for financial assistance, and
"(B) the applicable fair hearing process shall be made
available with respect to the individual.
In this subsection and subsection (e), the term 'Secretary' refers to
the Secretary and to a public housing authority or other entity which
makes financial assistance available.
"(e) The Secretary shall not take any compliance, disallowance,
penalty, or other regulatory action against an entity with respect to
any error in the entity's determination to make an individual eligible
for financial assistance based on citizenship or immigration status --
"(1) if the entity has provided such eligibility based on a
verification of satisfactory immigration status by the Immigration
and Naturalization Service,
"(2) because the entity, under subsection (d)(4)(A)(ii), was
required to provide a reasonable opportunity to submit
documentation,
"(3) because the entity, under subsection (d)(4)(B)(ii), was
required to wait for the response to the Immigration and
Naturalization Service to the entity's request for official
verification of the immigration status of the individual, or
"(4) because of a fair hearing process described in subsection
(d)(5)(B).".
(3) UNDER TITLE IV EDUCATION ASSISTANCE. -- Section 484 of the
Higher Education Act of 1965 (20 U.S.C. 1091) is amended by adding
at the end the following new subsections:
"(c) The following conditions apply with respect to an individual's
receipt of any grant, loan, or work assistance under this title as a
student at an institution of higher education:
"(1)(A) There must be a declaration in writing to the
institution by the student, under penalty of perjury, stating
whether or not the student is a citizen or national of the United
States, and, if the student is not a citizen or national of the
United States, that the individual is in a satisfactory
immigration status.
"(B) In this subsection, the term 'satisfactory immigration
status' means an immigration status which does not make the
student ineligible for a grant, loan, or work assistance under
this title.
"(2) If the student is not a citizen or national of the United
States, there must be presented to the institution either --
"(A) alien registration documentation or other proof of
immigration registration from the Immigration and Naturalization
Service that contains the individual's alien admission number or
alien file number (or numbers if the individual has more than one
number), or
"(B) such other documents as the institution determines (in
accordance with guidelines of the Secretary) constitutes
reasonable evidence indicating a satisfactory immigration status.
"(3) If the documentation described in paragraph (2)(A) is
presented, the institution shall utilize the individual's alien
file or alien admission number to verify with the Immigration and
Naturalization Service the individual's immigration status through
an automated or other system (designated by the Service for use
with institutions) that --
"(A) utilizes the individual's name, file number, admission
number, or other means permitting efficient verification, and
"(B) protects the individual's privacy to the maximum degree
possible.
"(4) In the case of such an individual who is not a citizen or
national of the United States, if the statement described in
paragraph (1) is submitted but the documentation required under
paragraph (2) is not presented or if the documentation required
under paragraph (2)(A) is presented but such documentation is not
verified under paragraph (3) --
"(A) the institution --
"(i) shall provide a reasonable opportunity to submit to the
institution evidence indicating a satisfactory immigration status,
and
"(ii) may not delay, deny, reduce, or terminate the
individual's eligibility for the grant, loan, or work assistance
on the basis of the individual's immigration status until such a
reasonable opportunity has been provided; and
"(B) if there are submitted documents which the institution
determines constitutes reasonable evidence indicating such status
--
"(i) the institution shall transmit to the Immigration and
Naturalization Service photostatic or other similar copies of such
documents for official verification,
"(ii) pending such verification, the institution may not delay,
deny, reduce, or terminate the individual's eligibility for the
grant, loan, or work assistance on the basis of the individual's
immigration status, and
"(iii) the institution shall not be liable for the consequences
of any action, delay, or failure of the Service to conduct such
verification.
"(5) If the institution determines, after complying with the
requirements of paragraph (4), that such an individual is not in a
satisfactory immigration status --
"(A) the institution shall deny or terminate the individual's
eligibility for such grant, loan, or work assistance, and
"(B) the fair hearing process (which includes, at a minimum,
the requirements of paragraph (6)) shall be made available with
respect to the individual.
"(6) The minimal requirements of this paragraph for a fair
hearing process are as follows:
"(A) The institution provides the individual concerned with
written notice of the determination described in paragraph (5) and
of the opportunity for a hearing respecting the determination.
"(B) Upon timely request by the individual, the institution
provides a hearing before an official of the institution at which
the individual can produce evidence of a satisfactory immigration
status.
"(C) Not later than 45 days after the date of an individual's
request for a hearing, the official will notify the individual in
writing of the official's decision on the appeal of the
determination.
"(d) The Secretary shall not take any compliance, disallowance,
penalty, or other regulatory action against an institution of higher
education with respect to any error in the institution's determination
to make a student eligible for a grant, loan, or work assistance based
on citizenship or immigration status --
"(1) if the insitution has provided such eligibility based on a
verification of satisfactory immigration status by the Immigration
and Naturalization Service,
"(2) because the institution, under subsection (c)(4)(A)(ii),
was required to provide a reasonable opportunity to submit
documentation,
"(3) because the institution, under subsection (c)(4)(B)(ii),
was required to wait for the response of the Immigration and
Naturalization Service to the institution's request for official
verification of the immigration status of the student, or
"(4) because of a fair hearing process described in subsection
(c)(5)(B).
"(e) Notwithstanding subsection (c), if --
"(1) a guaranty is made under this title for a loan made with
respect to an individual,
"(2) at the time the guaranty is entered into, the provisions
of subsection (c) had been complied with,
"(3) amounts are paid under the loan subject to such guaranty,
and
"(4) there is a subsequent determination that, because of an
unsatisfactory immigration status, the individual is not eligible
for the loan,
the official of the institution making the determination shall notify
and instruct the entity making the loan to cease further payments under
the loan, but such guaranty shall not be voided or otherwise nullified
with respect to such payments made before the date of the entity
receives the notice.".
(b) PROVIDING 100 PERCENT REIMBURSEMENT FOR COSTS OF IMPLEMENTATION
AND OPERATION. --
(1) UNDER AFDC PROGRAM. -- Section 403(a)(3) of the Social
Security Act "42 USC 603" is amended by inserting before
subparagraph (B) the following new subparagraph:
"(A) 100 percent of so much of such expenditures as are for the
costs of the implementation and operation of the immigration
status verification system described in section 1137(d),".
(2) UNDER MEDICAID PROGRAM. -- Section 1903(a) "42 USC 1396b"
of such Act is amended by inserting after paragraph (3) the
following new paragraph:
"(4) an amount equal to 100 percent of the sums expended during
the quarter which are attributable to the costs of the
implementation and operation of the immigration status
verification system described in section 1137(d); "42 USC
1320b-7" plus".
(3) UNDER UNEMPLOYMENT COMPENSATION PROGRAM. -- The first
sentence of section 302(a) "42 USC 502" of such Act is amended by
inserting before the period at the end the following: ",
including 100 percent of so much of the reasonable expenditures of
the State as are attributable to the costs of the implementation
and operation of the immigration status verification system
described in section 1137(d)".
(4) UNDER CERTAIN TERRITORIAL ASSISTANCE PROGRAMS. -- Sections
3(a)(4), 1003(a)(3), 1403(a)(3), and 1603(a)(4) "42 USC 303, 1203,
1353, 1383 note" of the Social Security Act (as in effect without
regard to section 301 of the Social Security Amendments of 1972)
are each amended by "42 USC 1381-1383c" redesignating subparagraph
(B) as subparagraph (C) and inserting after subparagraph (A) the
following new subparagraph:
"(B) 100 percent of so much of such expenditures as are for the
costs of the implementation and operation of the immigration
status verification system described in section 1137(d); plus".
(5) UNDER THE FOOD STAMP PROGRAM. -- Section 16 of the Food
Stamp Act of 1977 (7 U.S.C. 2025) is amended by adding at the end
the following new subsection:
"(h) The Secretary is authorized to pay to each State agency an
amount equal to 100 per centum of the costs incurred by the State agency
in implementing and operating the immigration status verification system
described in section 1137(d) of the Social Security Act.". "42 USC
1320b-7"
(6) UNDER HOUSING ASSISTANCE PROGRAMS. -- The United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding
at the end the following new section:
"SEC. 20. "42 USC 1437r" The Secretary is authorized to pay to each
public housing authority an amount equal to 100 percent of the costs
incurred by the authority in implementing and operating the immigration
status verification system under section 214(c) of the Housing and
Community Development Act of 1980 with respect to financial assistance
made available pursuant to this Act.". "42 USC 1436a"
(7) UNDER TITLE IV EDUCATIONAL ASSISTANCE. -- Section 489(a)
of the Higher Education Act of 1965 (20 U.S.C. 1096) is amended by
adding at the end the following: "In addition, the Secretary
shall provide for payment to each institution of higher education
an amount equal to 100 percent of the costs incurred by the
institution in implementing and operating the immigration status
verification system under section 484(c).". "20 USC 1091"
(c) EFFECTIVE DATES. --
(1) IMMIGRATION AND NATURALIZATION SERVICE ESTABLISHING
VERIFICATION SYSTEM BY OCTOBER 1, 1987. -- The Commissioner of
Immigration and Naturalization shall implement a system for "42
USC 1320b-7 note" the verification of immigration status under
paragraphs (3) and (4)(B)(i) of section 1137(d) of the Social
Security Act (as amended by this section) so that the system is
available to all the States "42 USC 1320b-7" by not later than
October 1, 1987. Such system shall not be used by the Immigration
and Naturalization Service for administrative (non-criminal)
immigration enforcement purposes and shall be implemented in a
manner that provides for verification of immigration status
without regard to the sex, color, race, religion, or nationality
of the individual involved.
(2) HIGHER MATCHING EFFECTIVE IN FISCAL YEAR 1988. -- The "42
USC 502 note" amendments made by subsection (b) take effect on
October 1, 1987.
(3) USE OF VERIFICATION SYSTEM REQUIRED IN FISCAL YEAR 1989.
-- Except as provided in paragraph (4), the amendments made by
subsection (a) "42 USC 1320b-7 note" take effect on October 1,
1988. States have until that date to begin complying with the
requirements imposed by those amendments.
(4) USE OF VERIFICATION SYSTEM NOT REQUIRED FOR A PROGRAM IN
CERTAIN CASES. -- "42 USC 1320b-7 note"
(A) REPORT TO RESPECTIVE CONGRESSIONAL COMMITTEES. -- With
respect to each covered program (as defined in subparagraph (D)(
i)), each appropriate Secretary shall examine and report to the
appropriate Committees of the House of Representatives and of the
Senate, by not later than April 1, 1988, concerning whether (and
the extent to which) --
(i) the application of the amendments made by subsection (a) to
the program is cost-effective and otherwise appropriate, and
(ii) there should be a waiver of the application of such
amendments under subparagraph (B).
The amendments made by subsection (a) shall not apply with
respect to a covered program described in subclause (II), (V),
(VI), or (VII) of subparagraph (D)(i) until after the date of
receipt of such report with respect to the program.
(B) WAIVER IN CERTAIN CASES. -- If, with respect to a covered
program, the appropriate Secretary determines, on the Secretary's
own initiative or upon an application by an administering entity
and based on such information as the Secretary deems persuasive
(which may include the results of the report required under
subsection (d)(1) and information contained in such an
application), that --
(i) the appropriate Secretary or the administering entity has
in effect an alternative system of immigration status verification
which --
(I) is an effective and timely as the system otherwise required
under the amendments made by subsection (a) with respect to the
program, and
(II) provides for at least the hearing and appeals rights for
beneficiaries that would be provided under the amendments made by
subsection (a), or
(ii) the costs of administration of the system otherwise
required under such amendments exceed the estimated savings,
such Secretary may waive the application of such amendments to
the covered program to the extent (by State or other geographic
area or otherwise) that such determinations apply.
(C) BASIS FOR DETERMINATION. -- A determination under
subparagraph (B)(ii) shall be based upon the appropriate
Secretary's estimate of --
(i) the number of aliens claiming benefits under the covered
program in relation to the total number of claimants seeking
benefits under the program,
(ii) any savings in benefit expenditures reasonably expected to
result from implementation of the verification program, and
(iii) the labor and nonlabor costs of administration of the
verification system,
the degree to which the Immigration and Naturalization Service
is capable of providing timely and accurate information to the
administering entity in order to permit a reliable determination
of immigration status, and such other factors as such Secretary
deems relevant.
(D) DEFINITIONS. -- In this paragraph:
(i) The term "covered program" means each of the following
programs:
(I) The aid to families with dependent children program under
part A of title IV of the Social Security Act. "42 USC 601"
(II) The medicaid program under title XIX of the Social
Security Act. "42 USC 1396"
(III) Any State program under a plan approved under title I, X,
XIV, or XVI of the Social Security Act. "42 USC 301, 1201, 1351,
1381"
(IV) The unemployment compensation program under section 3304
"26 USC 3304" of the Internal Revenue Code of 1954.
(V) The food stamp program under the Food Stamp Act of 1977.
"7 USC 2026"
(VI) The programs of financial assistance for housing subject
to section 214 of the Housing and Community Development Act of
1980. "42 USC 1436a"
(VII) The program of grants, loans, and work assistance under
title IV of the Higher Education Act of 1965.
(ii) The term "appropriate Secretary" means, with respect to
the covered program described in --
(I) subclauses (I) through (III) of clause (i), the Secretary
of Health and Human Services;
(II) clause (i)(IV), the Secretary of Labor;
(III) clause (i)(V), the Secretary of Agriculture;
(IV) clause (i)(VI), the Secretary of Housing and Urban
Development; and
(V) clause (i)(VII), the Secretary of Education.
(iii) The term "administering entity" means, with respect to
the covered program described in --
(I) subclause (I), (II), (III), (IV), or (V) of clause (i), the
State agency responsible for the administration of the program in
a State;
(II) clause (i)(VI), the Secretary of Housing and Urban
Development, a public housing agency, or another entity that
determines the eligibility of an individual for financial
assistance; and
(III) clause (i)(VII), an institution of higher education
involved.
(5) FUNDS AUTHORIZED. -- Such sums as may be necessary are
authorized for the Immigration and Naturalization Service to carry
out the purposes of this section.
(d) GAO REPORTS. --
(1) REPORT ON CURRENT PILOT PROJECTS. -- The Comptroller
General shall -- "42 USC 1320b-7 note"
(A) examine current pilot projects relating to the System for
Alien Verification of Eligibility (SAVE) operated by, or through
cooperative agreements with, the Immigration and Naturalization
Service, and
(B) report, not later than October 1, 1987, to Congress and to
the Commission of the Immigration and Naturalization Service
concerning the effectiveness of such projects and any problems
with the implementation of such projects, particularly as they may
apply to implementation of the system referred to in subsection
(c)(1).
(2) REPORT ON IMPLEMENTATION OF VERIFICATION SYSTEM. -- The
Comptroller General shall --
(A) monitor and analyze the implementation of such system,
(B) report to Congress and to the appropriate Secretaries
described in subsection (c)(4)(D)(ii), by not later than April 1,
1989, on such implementation, and
(C) include in such report such recommendations for changes in
the system as may be appropriate.
SEC. 201. LEGALIZATION OF STATUS.
(a) PROVIDING FOR LEGALIZATION PROGRAM. -- (1) Chapter 5 of title II
is amended by inserting after section 245 (8 U.S.C. 1255) the following
new section:
"SEC. 245A. "8 USC 1255a" (a) TEMPORARY RESIDENT STATUS. -- The
Attorney General shall adjust the status of an alien to that of an alien
lawfully admitted for temporary residence if the alien meets the
following requirements:
"(1) TIMELY APPLICATION. --
"(A) DURING APPLICATION PERIOD. -- Except as provided in
subparagraph (B), the alien must apply for such adjustment during
the 12-month period beginning on a date (not later than 180 days
after the date of enactment of this section) designated by the
Attorney General.
"(B) APPLICATION WITHIN 30 DAYS OF SHOW-CAUSE ORDER. -- An
alien who, at any time during the first 11 months of the 12-month
period described in subparagraph (A), is the subject of an order
to show cause issued under section 242, "8 USC 1252" must make
application under this section not later than the end of the
30-day period beginning either on the first day of such 18-month
period or on the date of the issuance of such order, whichever day
is later.
"(C) INFORMATION INCLUDED IN APPLICATION. -- Each application
under this subsection shall contain such information as the
Attorney General may require, including information on living
relatives of the applicant with respect to whom a petition for
preference or other status may be filed by the applicant at any
later date under section 204(a). "8 USC 1154"
"(2) CONTINUOUS UNLAWFUL RESIDENCE SINCE 1982. --
"(A) IN GENERAL. -- The alien must establish that he entered
the United States before January 1, 1982, and that he has resided
continuously in the United States in an unlawful status since such
date and through the date the application is filed under this
subsection.
"(B) NONIMMIGRANTS. -- In the case of an alien who entered the
United States as a nonimmigrant before January 1, 1982, the alien
must establish that the alien's period of authorized stay as a
nonimmigrant expired before such date through the passage of time
or the alien's unlawful status was known to the Government as of
such date.
"(C) EXCHANGE VISITORS. -- If the alien was at any time a
nonimmigrant exchange alien (as defined in section 101(a)(15)(
J)), "8 USC 1101" the alien must establish that the alien was not
subject to the two-year foreign residence requirement of section
212(e) "8 USC 1182" or has fulfilled that requirement or received
a waiver thereof.
"(3) CONTINUOUS PHYSICAL PRESENCE SINCE ENACTMENT. --
"(A) IN GENERAL. -- The alien must establish that the alien
has been continuously physically present in the United States
since the date of the enactment of this section.
"(B) TREATMENT OF BRIEF, CASUAL, AND INNOCENT ABSENCES. -- An
alien shall not be considered to have failed to maintain
continuous physical presence in the United States for purposes of
subparagraph (A) by virtue of brief, casual, and innocent absences
from the United States.
"(C) ADMISSIONS. -- Nothing in this section shall be construed
as authorizing an alien to apply for admission to, or to be
admitted to, the United States in order to apply for adjustment of
status under this subsection.
"(4) ADMISSIBLE AS IMMIGRANT. -- The alien must establish that
he --
"(A) is admissible to the United States as an immigrant, except
as otherwise provided under subsection (d)(2),
"(B) has not been convicted of any felony or of three or more
misdemeanors committed in the United States,
"(C) has not assisted in the persecution of any person or
persons on account of race, religion, nationality, membership in a
particular social group, or political opinion, and
"(D) is registered or registering under the Military Selective
Service Act, "50 USC app. 451" if the alien is required to be so
registered under that Act.
For purposes of this subsection, an alien in the status of a
Cuban and Haitian entrant described in paragraph (1) or (2)(A) of
section 501(e) of Public Law 96-422 "8 USC 1522 note" shall be
considered to have entered the United States and to be in an
unlawful status in the United States.
"(b) SUBSEQUENT ADJUSTMENT TO PERMANENT RESIDENCE AND NATURE OF
TEMPORARY RESIDENT STATUS. --
"(1) ADJUSTMENT TO PERMANENT RESIDENCE. -- The Attorney
General shall adjust the status of any alien provided lawful
temporary resident status under subsection (a) to that of an alien
lawfully admitted for permanent residence if the alien meets the
following requirements:
"(A) TIMELY APPLICATION AFTER ONE YEAR'S RESIDENCE. -- The
alien must apply for such adjustment during the one-year period
beginning with the nineteenth month that begins after the date the
alien was granted such temporary resident status.
"(B) CONTINUOUS RESIDENCE. --
"(i) IN GENERAL. -- The alien must establish that he has
continuously resided in the United States since the date the alien
was granted such temporary resident status.
"(ii) TREATMENT OF CERTAIN ABSENCES. -- An alien shall not be
considered to have lost the continuous residence referred to in
clause (i) by reason of an absence from the United States
permitted under paragraph (3)(A).
"(C) ADMISSIBLE AS IMMIGRANT. -- The alien must establish that
he --
"(i) is admissible to the United States as an immigrant, except
as otherwise provided under subsection (d)(2), and
"(ii) has not been convicted of any felony or three or more
misdemeanors committed in the United States.
"(D) BASIC CITIZENSHIP SKILLS. --
"(i) IN GENERAL. -- The alien must demonstrate that he either
--
"(I) meets the requirements of section 312 "8 USC 1423"
(relating to minimal understanding of ordinary English and a
knowledge and understanding of the history and government of the
United States), or
"(II) is satisfactorily pursuing a course of study (recognized
by the Attorney General) to achieve such an understanding of
English and such a knowledge and understanding of the history and
government of the United States.
"(ii) EXCEPTION FOR ELDERLY INDIVIDUALS. -- The Attorney
General may, in his discretion, waive all or part of the
requirements of clause (i) in the case of an alien who is 65 years
of age or older.
"(iii) RELATION TO NATURALIZATION EXAMINATION. -- In
accordance with regulations of the Attorney General, an alien who
has demonstrated under clause (i)(I) that the alien meets the
requirements of section 312 may be considered to have satisfied
the requirements of that section "8 USC 1401" for purposes of
becoming naturalized as a citizen of the United States under title
III.
"(2) TERMINATION OF TEMPORARY RESIDENCE. -- The Attorney
General shall provide for termination of temporary resident status
granted an alien under subsection (a) --
"(A) if it appears to the Attorney General that the alien was
in fact not eligible for such status;
"(B) if the alien commits an act that (i) makes the alien
inadmissible to the United States as an immigrant, except as
otherwise provided under subsection (d)(2), or (ii) is convicted
of any felony or three or more misdemeanors committed in the
United States; or
"(C) at the end of the thirty-first month beginning after the
date the alien is granted such status, unless the alien has filed
an application for adjustment of such status pursuant to paragraph
(1) and such application has not been denied.
"(3) AUTHORIZED TRAVEL AND EMPLOYMENT DURING TEMPORARY
RESIDENCE. -- During the period an alien is in lawful temporary
resident status granted under subsection (a) --
"(A) AUTHORIZATION OF TRAVEL ABROAD. -- The Attorney General
shall, in accordance with regulations, permit the alien to return
to the United States after such brief and casual trips abroad as
reflect an intention on the part of the alien to adjust to lawful
permanent resident status under paragraph (1) and after brief
temporary trips abroad occasioned by a family obligation involving
an occurrence such as the illness or death of a close relative or
other family need.
"(B) AUTHORIZATION OF EMPLOYMENT. -- The Attorney General
shall grant the alien authorization to engage in employment in the
United States and provide to that alien an 'employment authorized'
endorsement or other appropriate work permit.
"(c) APPLICATIONS FOR ADJUSTMENT OF STATUS. --
"(1) TO WHOM MAY BE MADE. -- The Attorney General shall
provide that applications for adjustment of status under
subsection (a) may be filed --
"(A) with the Attorney General, or
"(B) with a qualified designated entity, but only if the
applicant consents to the forwarding of the application to the
Attorney General.
As used in this section, the term "qualified designated entity"
means an organization or person designated under paragraph (2).
"(2) DESIGNATION OF QUALIFIED ENTITIES TO RECEIVE APPLICATIONS.
-- For purposes of assisting in the program of legalization
provided under this section, the Attorney General --
"(A) shall designate qualified voluntary organizations and
other qualified State, local, and community organizations, and
"(B) may designate such other persons as the Attorney General
determines are qualified and have substantial experience,
demonstrated competence, and traditional long-term involvement in
the preparation and submittal of applications for adjustment of
status under section 209 or 245, "8 USC 1159, 1255" Public Law
89-732, or Public Law 95-145.
"(3) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES. -- "8
USC 1255 note" Each qualified designated entity must agree to
forward to the Attorney General applications filed with it in
accordance with paragraph (1)(B) but not to forward to the
Attorney General applications filed with it unless the applicant
has consented to such forwarding. No such entity may make a
determination required by this section to be made by the Attorney
General.
"(4) LIMITATION ON ACCESS TO INFORMATION. -- Files and records
of qualified designated entities relating to an alien's seeking
assistance or information with respect to filing an application
under this section are confidential and the Attorney General and
the Service shall not have access to such files or records
relating to an alien without the consent of the alien.
"(5) CONFIDENTIALITY OF INFORMATION. -- Neither the Attorney
General, nor any other official or employee of the Department of
Justice, or bureau or agency thereof, may --
"(A) use the information furnished pursuant to an application
filed under this section for any purpose other than to make a
determination on the application or for enforcement of paragraph
(6),
"(B) make any publication whereby the information furnished by
any particular individual can be identified, or
"(C) permit anyone other than the sworn officers and employees
of the Department or bureau or agency or, with respect to
applications filed with a designated entity, that designated
entity, to examine individual applications.
Anyone who uses, publishes, or permits information to be
examined in violation of this paragraph shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than five years, or both.
"(6) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS. -- Whoever
files an application for adjustment of status under this section
and knowingly and willfully falsifies, misrepresents, conceals, or
covers up a material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or uses any
false writing or document knowing the same to contain any false,
fictitious, or fraudulent statement or entry, shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than five years, or both.
"(7) APPLICATION FEES. --
"(A) FEE SCHEDULE. -- The Attorney General shall provide for a
schedule of fees to be charged for the filing of applications for
adjustment under subsection (a) or (b)(1).
"(B) USE OF FEES. -- The Attorney General shall deposit
payments received under this paragraph in a separate account and
amounts in such account shall be available, without fiscal year
limitation, to cover administrative and other expenses incurred in
connection with the review of applications filed under this
section.
"(d) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR
EXCLUSION. --
"(1) NUMERICAL LIMITATIONS DO NOT APPLY. -- The numerical
limitations of sections 201 and 202 "8 USC 1151, 1152" shall not
apply to the adjustment of aliens to lawful permanent resident
status under this section.
"(2) WAIVER OF GROUNDS FOR EXCLUSION. -- In the determination
of an alien's admissibility under subsections (a)(4)(A), (b)(1)(
C)(i), and (b)(2)(B) --
"(A) GROUNDS OF EXCLUSION NOT APPLICABLE. -- The provisions of
paragraphs (14), (20), (21), (25), and (32) of section 212(a) "8
USC 1182" shall not apply.
"(B) WAIVER OF OTHER GROUNDS. --
"(i) IN GENERAL. -- Except as provided in clause (ii), the
Attorney General may waive any other provision of section 212(a)
in the case of individual aliens for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest.
"(ii) GROUNDS THAT MAY NOT BE WAIVED. -- The following
provisions of section 212(a) may not be waived by the Attorney
General under clause (i):
"(I) Paragraphs (9) and (10) (relating to criminals).
"(II) Paragraph (15) (relating to aliens likely to become
public charges) insofar as it relates to an application for
adjustment to permanent residence by an alien other than an alien
who is eligible for "42 USC 1381" benefits under title XVI of the
Social Security Act or section 212 "42 USC 1382 note" of Public
Law 93-66 for the month in which such alien is granted lawful
temporary residence status under subsection (a).
"(III) Paragraph (23) relating to drug offenses), except for so
much of such paragraph as relates to a single offense of simple
possession of 30 grams or less of marihuana.
"(IV) Paragraphs (27), (28), and (29) (relating to national
security and members of certain organizations).
"(V) Paragraph (33) (relating to those who assisted in the Nazi
persecutions).
"(iii) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE. -- An
alien is not ineligible for adjustment of status under this
section due to being inadmissible under section 212(a)(15) "8 USC
1182" if the alien demonstrates a history of employment in the
United States evidencing self-support without receipt of public
cash assistance.
"(C) MEDICAL EXAMINATION. -- The alien shall be required, at
the alien's expense, to undergo such a medical examination
(including a determination of immunization status) as is
appropriate and conforms to generally accepted professional
standards of medical practice.
"(e) TEMPORARY STAY OF DEPORTATION AND WORK AUTHORIZATION FOR CERTAIN
APPLICANTS. --
"(1) BEFORE APPLICATION PERIOD. -- The Attorney General shall
provide that in the case of an alien who is apprehended before the
beginning of the application period described in subsection
(a)(1)(A) and who can establish a prima facie case of eligibility
to have his status adjusted under subsection (a) (but for the fact
that he may not apply for such adjustment until the beginning of
such period), until the alien has had the opportunity during the
first 30 days of the application period to complete the filing of
an application for adjustement, the alien --
"(A) may not be deported, and
"(B) shall be granted authorization to engage in employment in
the United States and be provided an 'employment authorized'
endorsement or other appropriate work permit.
"(2) DURING APPLICATION PERIOD. -- The Attorney General shall
provide that in the case of an alien who presents a prima facie
application for adjustment of status under subsection (a) during
the application period, and until a final determination on the
application has been made in accordance with this section, the
alien --
"(A) may not be deported, and
"(B) shall be granted authorization to engage in employment in
the United States and be provided an 'employment authorized'
endorsement or other appropriate work permit.
"(f) ADMINISTRATIVE AND JUDICIAL REVIEW. --
"(1) ADMINISTRATIVE AND JUDICIAL REVIEW. -- There shall be no
administrative or judicial review of a determination respecting an
application for adjustment of status under this section except in
accordance with this subsection.
"(2) NO REVIEW FOR LATE FILINGS. -- No denial of adjustment of
status under this section based on a late filing of an application
for such adjustment may be reviewed by a court of the United
States or of any State or reviewed in any administrative
proceeding of the United States Government.
"(3) ADMINISTRATIVE REVIEW. --
"(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE REVIEW. -- The
Attorney General shall establish an appellate authority to provide
for a single level of administrative appellate review of a
determination described in paragraph (1).
"(B) STANDARD FOR REVIEW. -- Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the application
and upon such additional or newly discovered evidence as may not
have been available at the time of the determination.
"(4) JUDICIAL REVIEW. --
"(A) LIMITATION TO REVIEW OF DEPORTATION. -- There shall be
judicial review of such a denial only in the judicial review of an
order of deportation under section 106. "8 USC 1105a"
"(B) STANDARD FOR JUDICIAL REVIEW. -- Such judicial review
shall be based solely upon the administrative record established
at the time of the review by the appellate authority and the
findings of fact and determinations contained in such record shall
be conclusive unless the applicant can establish abuse of
discretion or that the findings are directly contrary to clear and
convincing facts contained in the record considered as a whole.
"(g) IMPLEMENTATION OF SECTION. --
"(1) REGULATIONS. -- The Attorney General, after consultation
with the Committees on the Judiciary of the House of
Representatives and of the Senate, shall prescribe --
"(A) regulations establishing a definition of the term 'resided
continuously', as used in this section, and the evidence needed to
establish that an alien has resided continuously in the United
States for purposes of this section, and
"(B) such other regulations as may be necessary to carry out
this section.
"(2) CONSIDERATIONS. -- In prescribing regulations described
in paragraph (1)(A) --
"(A) PERIODS of CONTINUOUS RESIDENCE. -- The Attorney General
shall specify individual periods, and aggregate periods, of
absence from the United States which will be considered to break a
period of continuous residence in the United States and shall take
into account absences due merely to brief and casual trips abroad.
"(B) ABSENCES CAUSED BY DEPORTATION OR ADVANCED PAROLE. -- The
Attorney General shall provide that --
"(i) an alien shall not be considered to have resided
continuously in the United States, if, during any period for which
continuous residence is required, the alien was outside the United
States as a result of a departure under an order of deportation,
and
"(ii) any period of time during which an alien is outside the
United States pursuant to the advance parole procedures of the
Service shall not be considered as part of the period of time
during which an alien is outside the United States for purposes of
this section.
"(C) WAIVERS OF CERTAIN ABSENCES. -- The Attorney General may
provide for a waiver, in the discretion of the Attorney General,
of the periods specified under subparagraph (A) in the case of an
absence from the United States due merely to a brief temporary
trip abroad required by emergency or extenuating circumstances
outside the control of the alien.
"(D) USE OF CERTAIN DOCUMENTATION. -- The Attorney General
shall require that --
"(i) continuous residence and physical presence in the United
States must be established through documents, together with
independent corroboration of the information contained in such
documents, and
"(ii) the documents provided under clause (i) be
employment-related if employment-related documents with respect to
the alien are available to the applicant.
"(3) INTERIM FINAL REGULATIONS. -- Regulations prescribed
under this section may be prescribed to take effect on an interim
final basis if the Attorney General determines that this is
necessary in order to implement this section in a timely manner.
"(h) TEMPORARY DISQUALIFICATION OF NEWLY LEGALIZED ALIENS FROM
RECEIVING CERTAIN PUBLIC WELFARE ASSISTANCE. --
"(1) IN GENERAL. -- During the five-year period beginning on
the date an alien was granted lawful temporary resident status
under subsection (a), and notwithstanding any other provision of
law --
"(A) except as provided in paragraphs (2) and (3), the alien is
not eligible for --
"(i) any program of financial assistance furnished under
Federal law (whether through grant, loan, guarantee, or otherwise)
on the basis of financial need, as such programs are identified by
the Attorney General in consultation with other appropriate heads
of the various departments and agencies of Government (but in any
event including the program of aid to families with dependent
children under part A of title IV of the Social Security Act), "42
USC 601"
"(ii) medical assistance under a State plan approved under
title XIX of the Social Security Act, "42 USC 1396" and
"(iii) assistance under the Food Stamp Act "7 USC 2026" of
1977; and
"(B) a State or political subdivision therein may, to the
extent consistent with subparagraph (A) and paragraphs (2) and
(3), provide that the alien is not eligible for the programs of
financial assistance or for medical assistance described in
subparagraph (A)(ii) furnished under the law of that State or
political subdivision.
Unless otherwise specifically provided by this section or other
law, an alien in temporary lawful residence status granted under
subsection (a) shall not be considered (for purposes of any law of
a State or political subdivision providing for a program of
financial assistance) to be permanently residing in the United
States under color of law.
"(2) EXCEPTIONS. -- Paragraph (1) shall not apply --
"(A) to a Cuban and Haitian entrant (as defined in paragraph
(1) or (2)(A) of section 501(e) "8 USC 1255 note" of Public Law
96-422, as in effect on April 1, 1983), or
"(B) in the case of assistance (other than aid to families with
dependent children) which is furnished to an alien who is an aged,
blind, or disabled individual as defined in section 1614( a)(1) of
the Social Security Act).
"(3) RESTRICTED MEDICAID BENEFITS. --
"(A) CLARIFICATION OF ENTITLEMENT. -- Subject to the
restrictions under subparagraph (B), for the purpose of providing
aliens with eligibility to receive medical assistance --
"(i) paragraph (1) shall not apply,
"(ii) aliens who would be eligible for medical assistance but
for the provisions of paragraph (1) shall be deemed, for purposes
of title XIX of the Social Security Act, "42 USC 1396" to be so
eligible, and
"(iii) aliens lawfully admitted for temporary residence under
this section, such status not having changed, shall be considered
to be permanently residing in the United States under color of
law.
"(B) RESTRICTION OF BENEFITS. --
"(i) LIMITATION TO EMERGENCY SERVICES AND SERVICES FOR PREGNANT
WOMEN. -- Notwithstanding any provision of title XIX of the
Social Security Act (including subparagraphs (B) and (C) of
section 1902(a)(10) of such Act), aliens who, but for subparagraph
(A), would be ineligible for medical assistance under paragraph
(1), are only eligible for such assistance with respect to --
"(I) emergency services (as defined for purposes of section
1916(a)(2)(D) of the Social Security Act), and
"(II) services described in section 1916(a)(2)(B) of such Act
(relating to service for pregnant women).
"(ii) NO RESTRICTION FOR EXEMPT ALIENS AND CHILDREN. -- The
restrictions of clause (i) shall not apply to aliens who are
described in paragraph (2) or who are under 18 years of age.
"(C) DEFINITION OF MEDICAL ASSISTANCE. -- In this paragraph,
the term 'medical assistance' refers to medical assistance under a
State plan approved under title XIX of the Social Security Act.
"42 USC 1396"
"(4) TREATMENT OF CERTAIN PROGRAMS. -- Assistance furnished
under any of the following provisions of law shall not be
construed to be financial assistance described in paragraph (1)(
A)(i):
"(A) The National School Lunch Act. "42 USC 1751 note"
"(B) The Child Nutrition Act of 1966.
"(C) The Vocational Education Act of 1963. "42 USC 1771 note"
"(D) Chapter 1 of the Education Consolidation and Improvement
Act of 1981. "20 USC 2301 note"
"(E) The Headstart-Follow Through Act. "20 USC 3801 et seq"
"(F) The Job Training Partnership Act. "42 USC 2921"
"(G) Title IV of the Higher Education Act of 1965. "29 USC
1501 note"
"(H) The Public Health Service Act. "20 USC 1070"
"(I) Titles V, XVI, and XX, and parts B, D, and E of title IV,
of the Social Security Act "42 USC 201 note" (and titles I, X,
XIV, and XVI of such Act "42 USC 701, 1381, 1397, 620, 651, 670"
as in effect without regard to the amendment made by section 301
of the Social Security Amendments of 1972). "42 USC 301, 1201,
1351, 1381"
"(5) ADJUSTMENT NOT AFFECTING FASCELL-STONE BENEFITS. -- For
the purpose of section 501 "42 USC 1381-1383e" of the Refugee
Education Assistance Act of 1980 "8 USC 1522 note" (Public Law
96-122), assistance shall be continued under such section with
respect to an alien without regard to the alien's adjustment of
status under this section.
"(i) DISSEMINATION OF INFORMATION ON LEGALIZATION PROGRAM. --
Beginning not later than the date designated by the Attorney General
under subsection (a)(1)(A), the Attorney General, in cooperation with
qualified designated entities, shall broadly disseminate information
respecting the benefits which aliens may receive under this section and
the requirements to obtain such benefits.".
(2) The table of contents for chapter 5 of title II is amended by
inserting after the item relating to section 245 the following new item:
"Sec. 245A. Adjustment of status of certain entrants before January
1, 1982, to that of person admitted for lawful residence.".
(b) CONFORMING AMENDMENTS. -- (1) Section 402 of the Social Security
Act is amended by adding at the end thereof the following new
subsection: "42 USC 602"
"(f)(1) For temporary disqualification of certain newly legalized
aliens from receiving aid to families with dependent children, see
subsection (h) of section 245A of the Immigration and Nationality Act.
"(2) In any case where an alien disqualified from receiving aid under
such subsection (h) is the parent of a child who is not so disqualified
and who (without any adjustment of status under such section 245A) is
considered a dependent child under subsection (a)(33), or is the brother
or sister of such a child, subsection (a)(38) shall not apply, and the
needs of such alien shall not be taken into account in making the
determination under subsection (a)(7) with respect to such child, but
the income of such alien (if he or she is the parent of such child)
shall be included in making such determination to the same extent that
income of a stepparent is included under subsection (a)( 31).".
(2)(A) Section 472(a) of such Act "42 USC 672" is amended by adding
at the end thereof (after and below paragraph (4)) the following new
sentence: "In any case where the child is an alien disqualified under
section 245A(h) of the Immigration and Nationality Act from receiving
aid under the State plan approved under section 402 in or for the month
in which such agreement was entered into or court proceedings leading to
the removal of the child from the home were instituted, such child shall
be considered to satisfy the requirements of paragraph (4) (and the
corresponding requirements of section 473(a)(1)(B)), with respect to
that month, if he or she would have satisfied such requirements but for
such disqualification.".
(B) Section 473(a)(1) of such Act "42 USC 673" is amended by adding
at the end thereof (after and below subparagraph (C)) the following new
sentence: "The last sentence of section 472(a) shall apply, for
purposes of subparagraph (B), in any case where the child is an alien
described in that sentence.".
(c) MISCELLANEOUS PROVISIONS. --
(1) PROCEDURES FOR PROPERTY ACQUISITION OR LEASING. -- "8 USC
1255a note" -- Notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the
Attorney General is authorized to expend from the appropriation
provided for the administration and enforcement of the Immigration
and Nationality Act, "8 USC 1101 note" such amounts as may be
necessary for the leasing or acquisition of property in the
fulfillment of this section. This authority shall end two years
after the effective date of the legalization program.
(2) USE OF RETIRED FEDERAL EMPLOYEES. -- Notwithstanding any
other provision of law, the retired or retainer pay of a member or
former member of the Armed Forces of the United States or the
annuity of a retired employee of the Federal Government who
retired on or before January 1, 1986, shall not be reduced while
such individual is temporarily employed by the Immigration and
Naturalization Service for a period of not to exceed 18 months to
perform duties in connection with the adjustment of status of
aliens under this section. The Service shall not temporarily
employ more than 300 individuals under this paragraph.
Notwithstanding any other provision of law, the annuity of a
retired employee of the Federal Government shall not be increased
or redetermined under chapter 83 or 84 of title 5, "5 USC 8301"
United States Code, as a result of a period of temporary
employment under this paragraph.
SEC. 202. CUBAN-HAITIAN ADJUSTMENT. "8 USC 1255a note."
(a) ADJUSTMENT OS STATUS. -- The status of any alien described in
subsection (b) may be adjusted by the Attorney General, in the Attorney
General's discretion and under such regulations as the Attorney General
may prescribe, to that of an alien lawfully admitted for permanent
residence if --
(1) the alien applies for such adjustment within two years
after the date of the enactment of this Act;
(2) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for
permanent residence, except in determining such admissibility the
grounds for exclusion specified in paragraphs (14), (15), (16),
(17), (20), (21), (25), and (32) of section 212(a) of the
Immigration and Nationality Act "8 USC 1182" shall not apply;
(3) the alien is not an alien described in section 243(h)(2) of
such Act; "8 USC 1253"
(4) the alien is physically present in the United Staes on the
date the application for such adjustment is filed; and
(5) the alien has continuously resided in the United States
since January 1, 1982.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS. -- The benefits
provided by subsection (a) shall apply to any alien --
(1) who has received an immigration designation as a Cuban/
Haitian Entrant (Status Pending) as of the date of the enactment
of this Act, or
(2) who is a national of Cuba or Haiti, who arrived in the
United States before January 1, 1982, with respect to whom any
record was established by the Immigration and Naturalization
Service before January 1, 1982, and who (unless the alien filed an
application for asylum with the Immigration and Naturalization
Service before January 1, 1982) was not admitted to the United
States as a nonimmigrant.
(c) NO AFFECT ON FASCELL-STONE BENEFITS. -- An alien who, as of the
date of the enactment of this Act, is a Cuban and Haitian entrant for
the purpose of section 501 "8 USC 1522 note" of Public Law 96-422 shall
continue to be considered such an entrant for such purpose without
regard to any adjustment of status effected under this section.
(d) RECORD OF PERMANENT RESIDENCE AS OF JANUARY 1, 1982. -- Upon
approval of an alien's application for adjustment of status under
subsection (a), the Attorney General shall establish a record of the
alien's admission for permanent residence as of January 1, 1982.
(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE. -- When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under the Immigration and Nationality Act and the Attorney General shall
not be required to charge the alien any fee. "8 USC 1101 note"
(f) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS. --
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall apply
in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, effect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision of
law for which the alien may be eligible.
SEC. 203. UPDATING REGISTRY DATE TO JANUARY 1, 1972.
(a) IN GENERAL. -- Section 249 (8 U.S.C. 1259) is amended --
(1) by striking out "JUNE 30, 1948" in the heading and
inserting in lieu thereof "JANUARY 1, 1972", and
(2) by striking out "June 30, 1948" in paragraph (a) and
inserting in lieu thereof "January 1, 1972".
(b) CONFORMING AMENDMENT TO TABLE OF CONTENTS. -- The item in the
table of contents relating to section 249 is amended by striking out
"June 30, 1948" and inserting in lieu thereof "January 1, 1972".
(c) CLARIFICATION. -- The numerical limitations of sections 201 "8
USC 1259 note" and 202 of the Immigration and Nationality Act "8 USC
1151, 1152" shall not apply to aliens provided lawful permanent resident
status under section 249 of that Act.
SEC. 204. STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS.
(a) APPROPRIATION OF FUNDS. --
(1) IN GENERAL. -- Out of any money in the Treasury not "8 USC
1255a note" otherwise appropriated, to carry out this section (and
including Federal, State, and local administrative costs)
$1,000,000,000 (less the amount described in paragraph (2)) for
fiscal year 1988 and for each of the three succeeding fiscal
years.
(2) OFFSET. --
(A) IN GENERAL. -- Subject to subparagraphs (B) through (D),
the amount described in this paragraph for a fiscal year is equal
to the amount estimated to be expended by the Federal Government
in the fiscal year for the programs of financial assistance,
medical assistance, and assistance under the Food Stamp Act "7 USC
2026" of 1977 for aliens who would not be eligible for such
assistance under paragraph (1)(A) of section 245A(h) of the
Immigration and Nationality Act but for the provisions of
paragraph (2) or paragraph (3) of such section.
(B) NO OFFSET FOR CERTAIN SSI ELIGIBLE INDIVIDUALS. -- The
amount described in this paragraph shall not include any amounts
attributable to supplemental security benefits paid under title
XVI of the Social Security Act "42 USC 1381" or medical assistance
furnished under a State plan approved under title XIX of the
Social Security Act, "42 USC 1396" in the case of an alien who is
determined by the Secretary of Health and Human Services, based on
an application for benefits under title XVI of the Social Security
Act "42 USC 1382 note" or section 212 of Public Law 93-66 filed
prior to the date designated by the Attorney General in accordance
with section 245A(a)(1)(A) of the Immigration and Nationality Act,
to be permanently residing in the United States under color of law
as provided in section 1614( a)(1)(B)(ii) "42 USC 1382c" of the
Social Security Act and to be eligible to receive such benefits
for the month prior to the month in which such date occurs, for
such time as such alien continues without interruption to be
eligible to receive such benefits in accordance with the
provisions of title XVI of the Social Security Act or section 212
of Public Law 93-66, as appropriate.
(C) ESTIMATED INITIAL OFFSET. -- For purposes of subparagraph
(A), with respect to fiscal year 1988, the amount estimated to be
expended is equal to $70,000,000. For subsequent fiscal years,
the amount estimated to be expended shall be such estimate as is
contained in the annual fiscal budget submitted for that year to
the Congress by the President.
(D) ADJUSTMENT FOR ESTIMATES. -- If the actual amount of
expenditures by the Federal Government described in subparagraph
(A) for a fiscal year exceeds, or is less than, the amount
estimated to be expended for that year under subparagraph (C) for
that year (taking into account any adjustment under this
subparagraph), then for the subsequent fiscal year the amount
described in this paragraph shall be decreased, or increased,
respectively, by the amount of such excess or deficit for that
previous fiscal year.
(b) ENTITLEMENT OF STATES. -- (1) From the sums appropriated under
subsection (a) for a fiscal year (less the amount reserved for Federal
adminstrative costs), the Secretary of Health and Human Services (in
this section referred to as the "Secretary") shall allot to each State
with an application approved under subsection (d)(1) an amount
determined in accordance with a formula, established by the Secretary by
regulation, which takes into account --
(A) the number of eligible legalized aliens (as defined in
subsection (j)(4)) residing in the State in that fiscal year;
(B) the ratio of the number of eligible legalized aliens in the
State to the total number of residents of that State and to the
total number of such aliens in all the States in that fiscal year;
(C) the amount of expenditures the State is likely to incur in
that fiscal year in providing assistance for eligible legalized
aliens for which reimbursement or payment may be made under this
section;
(D) the ratio of the amount of such expenditures in the State
to the total of all such expenditures in all the States;
(E) adjustments for the difference in previous years between
the State's actual expenditures (described in subparagraph (C))
incurred and the allocation provided the State under this section
for those years; and
(F) such other factors as the Secretary deems appropriate to
provide for an equitable distribution of such amounts.
(2) To the extent that all the funds appropriated under this section
for a fiscal year are not otherwise allotted to States either because
all the States have not qualified for such allotments under this section
for the fiscal year or because some States have indicated in their
description of activities that they do not intend to use, in that fiscal
year or the succeeding fiscal year, the full amount of such allotments,
such excess shall be allotted among the remaining States in proportion
to the amount otherwise allotted to such States for the fiscal year
without regard to this paragraph.
(3) In determining the number of eligible legalized aliens for
purposes of paragraph (1)(A), the Secretary may estimate such number on
the basis of such data as he may deem appropriate.
(4) For each fiscal year the Secretary shall make payments, as
provided by section 6503 of title 31, United States Code, to each State
from its allotment under this subsection. Any amount paid to a State
for any of the following fiscal years and remaining unobligated at the
end of such year shall remain available to such State for the purposes
for which it was made in subsequent fiscal years, but shall not remain
available after September 30, 1994.
(c) PROVIDING ASSISTANCE. -- (1) Of the amounts allotted to a State
under this section, the State may only use such funds, in accordance
with this section --
(A) for reimbursement of the costs of programs of public
assistance provided with respect to eligible legalized aliens, for
which such aliens were not disqualified under section 245A(h) of
the Immigration and Nationality Act at the time of such
assistance,
(B) for reimbursement of the costs of programs of public health
assistance provided to any alien who is, or is applying on a
timely basis under section 245A(a) of such Act to become, an
eligible legalized alien, and
(C) to make payments to State educational agencies for the
purpose of assisting local educational agencies of that State in
providing educational services for eligible legalized aliens.
Subject to paragraph (2), the State may select the distribution of the
use of such funds among such purposes.
(2)(A) Subject to subparagraphs (B) and (C), of the amounts allotted
to a State under this section in any fiscal year, 10 percent shall be
used by the State for reimbursement under paragraph (1)(A), 10 percent
shall be used by the State for reimbursement under paragraph (1)(B), and
10 percent shall be used by the State for payments under paragraph
(1)(C).
(B) If a State does not require the use of the full 10 percent
provided under subparagraph (A) for a particular function described in a
subparagraph of paragraph (1) for a fiscal year, the unused portion
shall be equally distributed among the two other subparagraphs.
(C) In no case shall the funds provided under this section be used to
provide reimbursement for more than 100 percent of the costs described
in paragraph (1)(A) or (1)(B).
(3) To the extent that a State provides for the use of funds for the
purpose described in paragraph (1)(C), the definitions and provisions of
the Emergency Immigrant Education Act of 1984 (title VI of Public Law
98-511; 20 U.S.C. 4101 et seq.) shall apply to payments under such
paragraph in the same manner as they apply to payments under that Act,
except that, in applying this paragraph --
(A) any reference in such Act to "immigrant children" shall be
deemed to be a reference to "eligible legalized aliens" (including
such aliens who are over 16 years of age) during the 60-month
period beginning with the first month in which such an alien is
granted temporary lawful residence under section 245A(a) of the
Immigration and Nationality Act;
(B) in determining the amount of payment with respect to
eligible legalized aliens who are 16 years of age, the phrase
"described under paragraph (2)" shall be deemed to be stricken
from section 606(b)(1)(A) of such Act (20 U.S.C. 4105(b)(1)(A));
(C) the State educational agency may provide such educational
services to adult eligible legalized aliens through local
educational agencies and other public and private nonprofit
organizations, including community-based organizations of
demonstrated effectiveness; and
(D) such services may include English language and other
programs designed to enable such aliens to attain the citizenship
skills described in section 245A(b)(1)(D)(i) of the Immigration
and Nationality Act.
(d) STATEMENTS AND ASSURANCES. -- (1) No State is eligible for
payment under subsection (b) unless the State --
(A) has filed with, and had approved by, the Secretary an
application containing such information, including the information
described in paragraph (2) and criteria for and administrative
methods of disbursing funds received under this section, as the
Secretary determines to be necessary to carry out this section,
and
(B) transmits to the Secretary a statement of assurances that
certifies that (i) funds alloted to the State under this section
will only be used to carry out the purposes described in
subsection (c)(1), (ii) the State will provide a fair method (as
determined by the State) for the allocation of funds among State
and local agencies in accordance with paragraph (2) and subsection
(c)(2), and (iii) fiscal control and fund accounting procedures
will be established that are adequate to meet the requirements of
paragraph (2) and subsections (e) and (f).
(2) The application of each State under this subsection for each
fiscal year must include detailed information on --
(A) the number of eligible legalized aliens residing in the
State, and
(B) the costs (excluding any such costs otherwise paid from
Federal funds) which the State and each locality is likely to
incur for the purposes described in subsection (c)(1).
(e) REPORTS AND AUDITS. -- (1)(A) Each State shall prepare and
submit to the Secretary annual reports on its activities under this
section. In order to properly evaluate and to compare the performance
of different States assisted under this section and to assure the proper
expenditure of funds under this section, such reports shall be in such
form and contain such information as the Secretary determines (after
consultation with the States and the Comptroller General) to be
necessary --
(i) to secure an accurate description of those activities,
(ii) to secure a complete record of the purposes for which
funds were spent, and of the recipients of such funds, and
(iii) to determine the extent to which funds were expended
consistent with this section.
Copies of the report shall be provided, upon request, to any interested
public agency, and each such agency may provide its views on these
reports to the Congress.
(B) The Secretary shall annually report to the Congress on activities
funded under this section and shall provide for transmittal of a copy of
such report to each State.
(2)(A) For requirements relating to audits of funds received by a
State under this section, see chapter 75 of title 31, "31 USC 7501 et
seq" United States Code (relating to requirements for single audit).
(B) Each State shall repay to the United States amounts ultimately
found not to have been expended in accordance with this section, or the
Secretary may offset such amounts against any other amount to which the
State is or may become entitled under this section.
(C) The Secretary may, after notice and opportunity for a hearing,
withhold payment of funds to any State which is not using its allotment
under this section in accordance with this section. The Secretary may
withhold such funds until the Secretary finds that the reason for the
withholding has been removed and there is reasonable assurance that it
will not recur.
(3) The State shall make copies of the reports and audits required by
this subsection available for public inspection within the State.
(4)(A) For the purpose of evaluating and reviewing the assistance
provided under this section, the Secretary and the Comptroller General
shall have access to any books, accounts, records, correspondence, or
other documents that are related to such assistance, and that are in the
possession, custody, or control of States, political subdivisions
thereof, or any of their grantees.
(B) In conjunction with an evaluation or review under subparagraph
(A), no State or political subdivision thereof (or grantee of either)
shall be required to create or prepare new records to comply with
subparagraph (A).
(f) LIMITATION ON PAYMENTS. -- (1) Payment under this section shall
not be made for costs to the extent the costs are otherwise reimbursed
or paid for under other Federal programs.
(2) Payment may only be made to a State with respect to costs for
assistance of a program of public assistance or a program public health
assistance to the extent such assistance is otherwise generally
available under such programs to citizens residing in the State.
(g) CRIMINAL PENALTIES FOR FALSE STATEMENTS. -- Whoever --
(1) knowingly and willfully makes or causes to be made any
false statement or misrepresentation of a material fact in
connection with the furnishing of assistance or services for which
payment may be made by a State from funds allotted to the State
under this section, or
(2) having knowledge of the occurrence of any event affecting
his initial or continued right to any such payment conceals or
fails to disclose such event with an intent fraudulently to secure
such payment either in a greater amount than is due or when no
such payment is authorized,
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than five years, or both.
(h) ANTI-DISCRIMINATION PROVISION. -- (1)(A) For the purpose of
applying the prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975, "42 USC 3001 note" on the
basis of handicap under section 504 of the Rehabilitation Act of 1973,
"29 USC 794" on the basis of sex under title IX, "20 USC 1681" of the
Education Amendments of 1972, or on the basis of race, color, or
national origin under title VI of the Civil Rights Act of 1964, "42 USC
2000d" programs and activities funded in whole or in part with funds
made available under this section are considered to be programs and
activities receiving Federal financial assistance.
(B) No person shall on the ground of sex or religion be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part
with funds made available under this section.
(2) Whenever the Secretary finds that a State or locality which has
been provided payment from an allotment under this section has failed to
comply with a provision of law referred to in paragraph (1)(A), with
paragraph (1)(B), or with an applicable regulation (including one
prescribed to carry out paragraph (1)(B)), he shall notify the chief
executive officer of the State and shall request him to secure
compliance. If within a reasonable period of time, not to exceed 60
days, the chief executive officer fails or refuses to secure compliance,
the Secretary may --
(A) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted,
(B) exercise the powers and functions provided by title VI of
the Civil Rights Act of 1964, the Age Discrimination Act of 1975,
or section 504 of the Rehabilitation Act of 1973, as may be
applicable, or
(C) take such other action as may be provided by law.
(3) When a matter is referred to the Attorney General pursuant to
paragraph (2)(A), or whenever he has reason to believe that the entity
is engaged in a pattern or practice in violation of a provision of law
referred to in paragraph (1)(A) or in violation of paragraph (1)(B), the
Attorney General may bring a civil action in any appropriate district
court of the United States for such relief as may be appropriate,
including injunctive relief.
(i) CONSULTATION WITH STATE AND LOCAL OFFICIALS. -- In establishing
regulations and guidelines to carry out this section, the Secretary
shall consult with representatives of State and local governments.
(j) DEFINITIONS. -- For purposes of this section:
(1) The term "State" has the meaning given such term in section
101(a)(36) "8 USC 1101" of the Immigration and Nationality Act.
(2) The term "programs of public assistance" means programs in
a State or local jurisdiction which --
(A) provide for cash, medical, or other assistance (as defined
by the Secretary) designed to meet the basic subsistence or health
needs of individuals,
(B) are generally available to needy individuals residing in
the State or locality, and
(C) receive funding from units of State or local government.
(3) The term "programs of public health assistance" means
programs in a State or local jurisdiction which --
(A) provide public health services, including immunizations for
immunizable diseases, testing and treatment for tuberculosis and
sexually-transmitted diseases, and family planning services,
(B) are generally available to needy individuals residing in
the State or locality, and
(C) receive funding from units of State or local government.
(4) The term "eligible legalized alien" means an alien who has
been granted lawful temporary resident status under section 245A
of the Immigration and Nationality Act, but only until the end of
the five-year period beginning on the date the alien was granted
such status.
SEC. 301. H-2A AGRICULTURAL WORKERS.
(a) PROVIDING NEW "H-2A" NONIMMIGRANT CLASSIFICATION FOR TEMPORARY
AGRICULTURAL LABOR. -- Paragraph (15)(H) of section 101(a) (8 U.S.C.
1101(a)) is amended by striking out "to perform temporary services or
labor," in clause (ii) and inserting in lieu thereof "(a) to perform
agricultural labor or services, as defined by the Secretary of Labor in
regulations and including agricultural labor defined in section 3121(g)
"26 USC 3121" of the Internal Revenue Code of 1954 and agriculture as
defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.
S.C. 203(f)), of a temporary or seasonal nature, or (b) to perform other
temporary service or labor".
(b) INVOLVEMENT OF DEPARTMENTS OF LABOR AND AGRICULTURE IN H-2A
PROGRAM. -- Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at
the end the following: "For purposes of this subsection with respect to
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the term
'appropriate agencies of Government' means the Department of Labor and
includes the Department of Agriculture. The provisions of section 216
shall apply to the question of importing any alien as a nonimmigrant
under section 101(a)(15)(H)(ii)(a).".
(c) ADMISSION OF H-2A WORKERS. -- Chapter 2 of title II is amended
by adding after section 215 the following new section:
"SEC. 216. (a) CONDITIONS FOR APPROVAL OF H-2A PETITIONS. "8 USC
1186" -- (1) A petition to import an alien as an H-2A worker (as defined
in subsection (i)(2)) may not be approved by the Attorney General unless
the petitioner has applied to the Secretary of Labor for a certification
that --
"(A) there are not sufficient workers who are able, willing,
and qualified, and who will be available at the time and place
needed, to perform the labor or services involved in the petition,
and
"(B) the employment of the alien in such labor or services will
not adversely affect the wages and working conditions of workers
in the United States similarly employed.
"(2) The Secretary of Labor may require by regulation, as a condition
of issuing the certification, the payment of a fee to recover the
reasonable costs of processing applications for certification.
"(b) CONDITIONS FOR DENIAL OF LABOR CERTIFICATION. -- The Secretary
of Labor may not issue a certification under subsection (a) with respect
to an employer if the conditions described in that subsection are not
met or if any of the following conditions are met:
"(1) There is a strike or lockout in the course of a labor
dispute which, under the regulations, precludes such
certification.
"(2)(A) The employer during the previous two-year period
employed H-2A workers and the Secretary of Labor has determined,
after notice and opportunity for a hearing, that the employer at
any time during that period substantially violated a material term
or condition of the labor certification with respect to the
employment of domestic or nonimmigrant workers.
"(B) No employer may be denied certification under subparagraph
(A) for more than three years for any violation described in such
subparagraph.
"(3) The employer has not provided the Secretary with
satisfactory assurances that if the employment for which the
certification is sought is not covered by State workers'
compensation law, the employer will provide, at no cost to the
worker, insurance covering injury and disease arising out of and
in the course of the worker's employment which will provide
benefits at least equal to those provided under the State workers'
compensation law for comparable employment.
"(4) The Secretary determines that the employer has not made
positive recruitment efforts within a multi-state region of
traditional or expected labor supply where the Secretary finds
that there are a significant number of qualified United States
workers, who, if recruited, would be willing to make themselves
available for work at the time and place needed. Positive
recruitment under this paragraph is in addition to, and shall be
conducted within the same time period as, the circulation through
the interstate employment service system of the employer's job
offer. The obligation to engage in positive recruitment under
this paragraph shall terminate on the date the H-2A workers depart
for the employer's place of employment.
"(c) SPECIAL RULES FOR CONSIDERATION OF APPLICATIONS. -- The
following rules shall apply in the case of the filing and consideration
of an application for a labor certification under this section:
"(1) DEADLINE FOR FILING APPLICATIONS. -- The Secretary of
Labor may not require that the application be filed more than 60
days before the first date the employer requires the labor or
services of the H-2A worker.
"(2) NOTICE WITHIN SEVEN DAYS OF DEFICIENCIES. -- (A) The
employer shall be notified in writing within seven days of the
date of filing if the application does not meet the standards
(other than that described in subsection (a)(1)(A)) for approval.
"(B) If the application does not meet such standards, the
notice shall include the reasons therefor and the Secretary shall
provide an opportunity for the prompt resubmission of a modified
application.
"(3) ISSUANCE OF CERTIFICATION. -- (A) The Secretary of Labor
shall make, not later than 20 days before the date such labor or
services are first required to be performed, the certification
described in subsection (a)(1) if --
"(i) the employer has complied with the criteria for
certification (including criteria for the recruitment of eligible
individuals as prescribed by the Secretary), and
"(ii) the employer does not actually have, or has not been
provided with referrals of, qualified eligible individuals who
have indicated their availability to perform such labor or
services on the terms and conditions of a job offer which meets
the requirements of the Secretary.
In considering the question of whether a specific qualification is
appropriate in a job offer, the Secretary shall apply the normal and
accepted qualifications required by non-H-2A-employers in the same or
comparable occupations and crops.
"(B)(i) For a period of 3 years subsequent to the effective date of
this section, labor certifications shall remain effective only if, from
the time the foreign worker departs for the employer's place of
employment, the employer will provide employment to any qualified United
States worker who applies to the employer until 50 percent of the period
of the work contract, under which the foreign worker who is in the job
was hired, has elapsed. In addition, the employer will offer to provide
benefits, wages and working conditions required pursuant to this section
and regulations.
"(ii) The requirement of clause (i) shall not apply to any employer
who --
"(I) did not, during any calendar quarter during the preceding
calendar year, use more than 500 man-days of agricultural labor,
as defined in section 3(u) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(u)),
"(II) is not a member of an association which has petitioned
for certification under this section for its members, and
"(III) has not otherwise associated with other employers who
are petitioning for temporary foreign workers under this section.
"(iii) Six months before the end of the 3-year period described in
clause (i), the Secretary of Labor shall consider the findings of the
report mandated by section 403(a)(4)(D) of the Immigration Reform and
Control Act of 1986 as well as other relevant materials, including
evidence of benefits to United States workers and costs to employers,
addressing the advisability of continuing a policy which requires an
employer, as a condition for certification under this section, to
continue to accept qualified, eligible United States workers for
employment after the date the H-2A workers depart for work with the
employer. The Secretary's review of such findings and materials shall
lead to the issuance of findings in furtherance of the Congressional
policy that aliens not be admitted under this section unless there are
not sufficient workers in the United States who are able, willing, and
qualified to perform the labor or service needed and that the employment
of the aliens in such labor or services will not adversely affect the
wages and working conditions of workers in the United States similarly
employed. In the absence of the enactment of Federal legislation prior
to three months before the end of the 3-year period described in clause
(i) which addresses the subject matter of this subparagraph, the
Secretary shall immediately publish the findings required by this
clause, and shall promulgate, on an interim or final basis, regulations
based on his findings which shall be effective no later than three years
from the effective date of this section.
"(iv) In complying with clause (i) of this subparagraph, an
association shall be allowed to refer or transfer workers among its
members: Provided, That for purposes of this section an association
acting as an agent for its members shall not be considered a joint
employer merely because of such referral or transfer.
"(v) United States workers referred or transferred pursuant to clause
(iv) of this subparagraph shall not be treated disparately.
"(vi) An employer shall not be liable for payments under section
655.202(b)(6) of title 20, Code of Federal Regulations (or any successor
regulation) with respect to an H-2A worker who is displaced due to
compliance with the requirement of this subparagraph, if the Secretary
of Labor certifies that the H-2A worker was displaced because of the
employer's compliance with clause (i) of this subparagraph.
"(vii)(I) No person or entity shall willfully and knowingly withhold
domestic workers prior to the arrival of H-2A workers in order to force
the hiring of domestic workers under clause (i).
"(II) Upon the receipt of a complaint by an employer that a violation
of subclause (I) has occurred the Secretary shall immediately
investigate. He shall within 36 hours of the receipt of the complaint
issue findings concerning the alleged violation. Where the Secretary
finds that a violation has occurred, he shall immediately suspend the
application of clause (i) of this subparagraph with respect to that
certification for that date of need.
"(4) HOUSING. -- Employers shall furnish housing in accordance with
regulations. The employer shall be permitted at the employer's option
to provide housing meeting applicable Federal standards for temporary
labor camps or to secure housing which meets the local standards for
rental and/or public accomodations or other substantially similar class
of habitation: Provided, That in the absence of applicable local
standards, State standards for rental and/or public accomodations or
other substantially similar class of habitation shall be met: Provided
further, That in the absence of applicable local or State standards,
Federal temporary labor camp standards shall apply: Provided further,
That the Secretary of Labor shall issue regulations which address the
specific requirements of housing for employees principally engaged in
the range production of livestock: Provided further, That when it is
the prevailing practice in the area and occupation of intended
employment to provide family housing, family housing shall be provided
to workers with families who request it: And provided further, That
nothing in this paragraph shall require an employer to provide or secure
housing for workers who are not entitled to it under the temporary labor
certification regulations in effect on June 1, 1986.
"(d) ROLES OF AGRICULTURAL ASSOCIATIONS. --
"(1) PERMITTING FILING BY AGRICULTURAL ASSOCIATIONS. -- A
petition to import an alien as a temporary agricultural worker,
and an application for a labor certification with respect to such
a worker, may be filed by an association of agricultural producers
which use agricultural services.
"(2) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS. -- If an
association is a joint or sole employer of temporary agricultural
workers, the certifications granted under this section to the
association may be used for the certified job opportunities of any
of its producer members and such workers may be transferred among
its producer members to perform agricultural services of a
temporary or seasonal nature for which the certifications were
granted.
"(3) TREATMENT OF VIOLATIONS. --
"(A) MEMBER'S VIOLATION DOES NOT NECESSARILY DISQUALIFY
ASSOCIATION OR OTHER MEMBERS. -- If an individual producer member
of a joint employer association is determined to have committed an
act that under subsection (b)(2) results in the denial of
certification with respect to the member, the denial shall apply
only to that member of the association unless the Secretary
determines that the association or other member participated in,
had knowledge of, or reason to know of, the violation.
"(B) ASSOCIATION'S VIOLATION DOES NOT NECESSARILY DISQUALIFY
MEMBERS. -- (i) If an association representing agricultural
producers as a joint employer is determined to have committed an
act that under subsection (b)(2) results in the denial of
certification with respect to the association, the denial shall
apply only to the association and does not apply to any individual
producer member of the association unless the Secretary determines
that the member participated in, had knowledge of, or reason to
know of, the violation.
"(ii) If an association of agricultural producers certified as
a sole employer is determined to have committed an act that under
subsection (b)(2) results in the denial of certification with
respect to the association, no individual producer member of such
association may be the beneficiary of the services of temporary
alien agricultural workers admitted under this section in the
commodity and occupation in which such aliens were employed by the
association which was denied certification during the period such
denial is in force, unless such producer member employs such
aliens in the commodity and occupation in question directly or
through an association which is a joint employer of such workers
with the producer member.
"(e) EXPEDITED ADMINISTRATIVE APPEALS OF CERTAIN DETERMINATIONS. --
(1) Regulations shall provide for an expedited procedure for the review
of a denial of certification under subsection (a)(1) or a revocation of
such a certification or, at the applicant's request, for a de novo
administrative hearing respecting the denial or revocation.
"(2) The Secretary of Labor shall expeditiously, but in no case later
than 72 hours after the time a new determination is requested, make a
new determination on the request for certification in the case of an
H-2A worker if able, willing, and qualified eligible individuals are not
actually available at the time such labor or services are required and a
certification was denied in whole or in part because of the availability
of qualified workers. If the employer asserts that any eligible
individual who has been referred is not able, willing, or qualified, the
burden of proof is on the employer to establish that the individual
referred is not able, willing, or qualified because of
employment-related reasons.
"(f) VIOLATORS DISQUALIFIED FOR 5 YEARS. -- An alien may not be
admitted to the United States as a temporary agricultural worker if the
alien was admitted to the United States as such a worker within the
previous five-year period and the alien during that period violated a
term or condition of such previous admission.
"(g) AUTHORIZATIONS OF APPROPRIATIONS. -- (1) There are authorized
to be appropriated for each fiscal year, beginning with fiscal year
1987, $10,000,000 for the purposes --
"(A) of recruiting domestic workers for temporary labor and
services which might otherwise be performed by nonimmigrants
described in section 101(a)(15)(H)(ii)(a), and
"(B) of monitoring terms and conditions under which such
nonimmigrants (and domestic workers employed by the same
employers) are employed in the United States.
"(2) The Secretary of Labor is authorized to take such actions,
including imposing appropriate penalities and seeking appropriate
injunctive relief and specific performance of contractual obligations as
may be necessary to assure employer compliance with terms and conditions
of employment under this section.
"(3) There are authorized to be appropriated for each fiscal year,
beginning with fiscal year 1987, such sums as may be necessary for the
purpose of enabling the Secretary of Labor to make determinations and
certifications under this section and under section 212(a)(14). "8 USC
1182"
"(4) There are authorized to be appropriated for each fiscal year,
beginning with fiscal year 1987, such sums as may be necessary for the
purposes of enabling the Secretary of Agriculture to carry out the
Secretary's duties and responsibilities under this section.
"(h) MISCELLANEOUS PROVISIONS. -- (1) The Attorney General shall
provide for such endorsement of entry and exit documents of
nonimmigrants described in section 101(a)(15)(H)(ii) as may be necessary
to carry out this section and to provide notice for purposes of section
274A.
"(2) The provisions of subsections (a) and (c) of section 214 and the
provisions of this section preempt any State or local law regulating
admissibility of nonimmigrant workers.
"(i) DEFINITIONS. -- For purposes of this section:
"(1) The term 'eligible individual' means, with respect to
employment, an individual who is not an unauthorized alien (as
defined in section 274A(h)) with respect to that employment.
"(2) The term H-2A worker' means a nonimmigrant described in
section 101(a)(15)(H)(ii)(a).".
(d) EFFECTIVE DATE. -- The amendments made by this section apply "8
USC 1186 note" to petitions and applications filed under sections 214(
c) and 216 of the Immigration and Nationality Act on or after the first
day of the seventh month beginning after the date of the enactment of
this Act (hereinafter in this section referred to as the "effective
date").
(e) REGULATIONS. -- The Attorney General, in consultation with the
"8 USC 1186 note" Secretary of Labor and the Secretary of Agriculture,
shall approve all regulations to be issued implementing sections 101(
a)(15)(H)(ii)(a) and 216 of the Immigration and Nationality Act.
Notwithstanding any other provision of law, final regulations to
implement such sections shall first be issued, on an interim or other
basis, not later than the effective date.
(f) SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO. -- "8 USC
1186 note" It is the sense of Congress that the President should
establish an advisory commission which shall consult with the
Governments of Mexico and of other appropriate countries and advise the
Attorney General regarding the operation of the alien temporary worker
program established under section 216 of the Immigration and Nationality
Act.
(g) CONFORMING AMENDMENT TO TABLE OF CONTENTS. -- The table of
contents is amended by inserting after the item relating to section 215
the following new item:
"Sec. 216. Admission of temporary H-2A workers.".
SEC. 302. LAWFUL RESIDENCE FOR CERTAIN SPECIAL AGRICULTURAL WORKERS.
(a) IN GENERAL. -- (1) Chapter 1 of title II is amended by adding at
the end the following new section:
"Sec. 210. (a) LAWFUL RESIDENCE. --
"(1) IN GENERAL. -- The Attorney General shall adjust the "8
USC 1160" status of an alien to that of an alien lawfully admitted
for temporary residence if the Attorney General determines that
the alien meets the following requirements:
"(A) APPLICATION PERIOD. -- The alien must apply for such
adjustment during the 18-month period beginning on the first day
of the seventh month that begins after the date of enactment of
this section.
"(B) PERFORMANCE OF SEASONAL AGRICULTURAL SERVICES AND
RESIDENCE IN THE UNITED STATES. -- The alien must establish that
he has --
"(i) resided in the United States, and
"(ii) performed seasonal agricultural services in the United
States for at least 90 man-days,
during the 12-month period ending on May 1, 1986. For purposes
of the previous sentence, performance of seasonal agricultural
services in the United States for more than one employer on any
one day shall be counted as performance of services for only 1
man-day.
"(C) ADMISSIBLE AS IMMIGRANT. -- The alien must establish that
he is admissible to the United States as an immigrant, except as
otherwise provided under subsection (c)(2).
"(2) ADJUSTMENT TO PERMANENT RESIDENCE. -- The Attorney
General shall adjust the status of any alien provided lawful
temporary resident status under paragraph (1) to that of an alien
lawfully admitted for permanent residence on the following date:
"(A) GROUP 1. -- Subject to the numerical limitation
established under subparagraph (C), in the case of an alien who
has established, at the time of application for temporary
residence under paragraph (1), that the alien performed seasonal
agricultural services in the United States for at least 90
man-days during each of the 12-month periods ending on May 1,
1984, 1985, and 1986, the adjustment shall occur on the first day
after the end of the one-year period that begins on the later of
(I) the date the alien was granted such temporary resident status,
or (II) the day after the last day of the application period
described in paragraph (1)(A).
"(B) GROUP 2. -- In the case of aliens to which subparagraph
(A) does not apply, the adjustment shall occur on the day after
the last day of the two-year period that begins on the later of
(I) the date the alien was granted such temporary resident status,
or (II) the day after the last day of the application period
described in paragraph (1)(A).
"(C) NUMERICAL LIMITATION. -- Subparagraph (A) shall not apply
to more than 350,000 aliens. If more than 350,000 aliens meet the
requirements of such subparagraph, such subparagraph shall apply
to the 350,000 aliens whose applications for adjustment were first
filed under paragraph (1) and subparagraph (B) shall apply to the
remaining aliens.
"(3) TERMINATION OF TEMPORARY RESIDENCE. -- During the period
of temporary resident status granted an alien under paragraph (1),
the Attorney General may terminate such status only upon a
determination under this Act that the alien is deportable.
"(4) AUTHORIZED TRAVEL AND EMPLOYMENT DURING TEMPORARY
RESIDENCE. -- During the period an alien is in lawful temporary
resident status granted under this subsection, the alien has the
right to travel abroad (including commutation from a residence
abroad) and shall be granted authorization to engage in employment
in the United States and shall be provided an 'employment
authorized' endorsement or other appropriate work permit, in the
same manner as for aliens lawfully admitted for permanent
residence.
"(5) IN GENERAL. -- Except as otherwise provided in this
subsection, an alien who acquires the status of an alien lawfully
admitted for temporary residence under paragraph (1), such status
not having changed, is considered to be an alien lawfully admitted
for permanent residence (as described in section 101(a)( 20)),
other than under any provision of the immigration laws.
"(b) APPLICATIONS FOR ADJUSTMENT OF STATUS. --
"(1) TO WHOM MAY BE MADE. --
"(A) WITHIN THE UNITED STATES. -- The Attorney General shall
provide that applications for adjustment of status under
subsection (a) may be filed --
"(i) with the Attorney General, or
"(ii) with a designated entity (designated under paragraph
(2)), but only if the applicant consents to the forwarding of the
application to the Attorney General.
"(B) OUTSIDE THE UNITED STATES. -- The Attorney General, in
cooperation with the Secretary of State, shall provide a procedure
whereby an alien may apply for adjustment of status under
subsection (a)(1) at an appropriate consular office outside the
United States. If the alien otherwise qualifies for such
adjustment, the Attorney General shall provide such documentation
of authorization to enter the United States and to have the
alien's status adjusted upon entry as may be necessary to carry
out the provisions of this section.
"(2) DESIGNATION OF ENTITIES TO RECEIVE APPLICATIONS. -- For
purposes of receiving applications under this section, the
Attorney General --
"(A) shall designate qualified voluntary organizations and
other qualified State, local, community, farm labor organizations,
and associations of agricultural employers, and
"(B) may designate such other persons as the Attorney General
determines are qualified and have substantial experience,
demonstrated competence, and traditional long-term involvement in
the preparation and submittal of applications for adjustment of
status under section 209 or 245, "8 USC 1159, 1255" Public Law
89-732, or Public Law 95-145 "8 USC 1255 note."
"(3) PROOF OF ELIGIBILITY. --
"(A) IN GENERAL. -- An alien may establish that he meets the
requirement of subsection (a)(1)(B)(ii) through government
employment records, records supplied by employers or collective
bargaining organizations, and such other reliable documentation as
the alien may provide. The Attorney General shall establish
special procedures to credit properly work in cases in which an
alien was employed under an assumed name.
"(B) DOCUMENTATION OF WORK HISTORY. -- (i) An alien applying
for adjustment of status under subsection (a)(1) has the burden of
proving by a preponderance of the evidence that the alien has
worked the requisite number of man-days (as required under
subsection (a)(1)(B)(ii)).
"(ii) If an employer or farm labor contractor employing such an
alien has kept proper and adequate records respecting such
employment, the alien's burden of proof under clause (i) may be
met by securing timely production of those records under
regulations to be promulgated by the Attorney General.
"(iii) An alien can meet such burden of proof if the alien
establishes that the alien has in fact performed the work
described in subsection (a)(1)(B)(ii) by producing sufficient
evidence to show the extent of that employment as a matter of just
and reasonable inference. In such a case, the burden then shifts
to the Attorney General to disprove the alien's evidence with a
showing which negates the reasonableness of the inference to be
drawn from the evidence.
"(4) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES. -- Each
designated entity must agree to forward to the Attorney General
applications filed with it in accordance with paragraph (1)(A)(
ii) but not to forward to the Attorney General applications filed
with it unless the applicant has consented to such forwarding. No
such entity may make a determination required by this section to
be made by the Attorney General.
"(5) LIMITATION ON ACCESS TO INFORMATION. -- Files and records
prepared for purposes of this section by designated entities
operating under this section are confidential and the Attorney
General and the Service shall not have access to such files or
records relating to an alien without the consent of the alien.
"(6) CONFIDENTIALITY OF INFORMATION. -- Neither the Attorney
General, nor any other official or employee of the Department of
Justice, or bureau or agency thereof, may --
"(A) use the information furnished pursuant to an application
filed under this section for any purpose other than to make a
determination on the application or for enforcement of paragraph
(7),
"(B) make any publication whereby the information furnished by
any particular individual can be identified, or
"(C) permit anyone other than the sworn officers and employees
of the Department or bureau or agency or, with respect to
applications filed with a designated entity, that designated
entity, to examine individual applications.
Anyone who uses, publishes, or permits information to be
examined in violation of this paragraph shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than five years, or both.
"(7) PENALITIES FOR FALSE STATEMENTS IN APPLICATIONS. --
"(A) CRIMINAL PENALTY. -- Whoever --
"(i) files an application for adjustment of status under this
section and knowingly and willfully falsifies, conceals, or covers
up a material fact or makes any false, fictitious, or fraudulent
statements or representations, or makes or uses any false writing
or document knowing the same to contain any false, fictitious, or
fraudulent statement or entry, or
"(ii) creates or supplies a false writing or document for use
in making such an application,
shall be fined in accordance with title 18, United States Code,
or imprisoned not more than five years, or both.
"(B) EXCLUSION. -- An alien who is convicted of a crime under
subparagraph (A) shall be considered to be inadmissible to the
United States on the ground described in section 212(a)(19). "8
USC 1182"
"(c) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR
EXCLUSION. --
"(1) NUMERICAL LIMITATIONS DO NOT APPLY. -- The numerical
limitations of sections 201 and 202 "8 USC 1151, 1152" shall not
apply to the adjustment of aliens to lawful permanent resident
status under this section.
"(2) WAIVER OF GROUNDS FOR EXCLUSION. -- In the determination
of an alien's admissibility under subsection (a)(1)(C) --
"(A) GROUNDS OF EXCLUSION NOT APPLICABLE. -- The provisions of
paragraphs (14), (20), (21), (25), and (32) of section 212(a) "8
USC 1182" shall not apply.
"(B) WAIVER OF OTHER GROUNDS. --
"(i) IN GENERAL. -- Except as provided in clause (ii), the
Attorney General may waive any other provision of section 212(a)
in the case of individual aliens for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest.
"(ii) GROUNDS THAT MAY NOT BE WAIVED. -- The following
provisions of section 212(a) may not be waived by the Attorney
General under clause (i):
"(I) Paragraph (9) and (10) (relating to criminals).
"(II) Paragraph (15) (relating to aliens likely to become
public charges).
"(III) Paragraph (23) (relating to drug offenses), except for
so much of such paragraph as relates to a single offense of simple
possession of 30 grams or less of marihuana.
"(IV) Paragraphs (27), (28), and (29) (relating to national
security and members of certain organizations).
"(V) Paragraph (33) (relating to those who assisted in the Nazi
persecutions).
"(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE. -- An
alien is not ineligible for adjustment of status under this
section due to being inadmissible under section 212(a)(15) if the
alien demonstrates a history of employment "8 USC 1182" in the
United States evidencing self-support without reliance on public
cash assistance.
"(d) TEMPORARY STAY OF EXCLUSION OR DEPORTATION AND WORK
AUTHORIZATION FOR CERTAIN APPLICANTS. --
"(1) BEFORE APPLICATION PERIOD. -- The Attorney General shall
provide that in the case of an alien who is apprehended before the
beginning of the application period described in subsection (a)(1)
and who can establish a nonfrivolous case of eligibility to have
his status adjusted under subsection (a) (but for the fact that he
may not apply for such adjustment until the beginning of such
period), until the alien has had the opportunity during the first
30 days of the application period to complete the filing of an
application for adjustment, the alien --
"(A) may not be excluded or deported, and
"(B) shall be granted authorization to engage in employment in
the United States and be provided an 'employment authorized'
endorsement or other appropriate work permit.
"(2) DURING APPLICATION PERIOD. -- The Attorney General shall
provide that in the case of an alien who presents a nonfrivolous
application for adjustment of status under subsection (a) during
the application period, and until a final determination on the
application has been made in accordance with this section, the
alien --
"(A) may not be excluded or deported, and
"(B) shall be granted authorization to engage in employment in
the United States and be provided an 'employment authorized'
endorsement or other appropriate work permit.
"(e) ADMINISTRATIVE AND JUDICIAL REVIEW. --
"(1) ADMINISTRATIVE AND JUDICIAL REVIEW. -- There shall be no
administrative or judicial review of a determination respecting an
application for adjustment of status under this section except in
accordance with this subsection.
"(2) ADMINISTRATIVE REVIEW. --
"(A) SINGLE LEVEL OF ADMINISTRATIVE APPELLATE REVIEW. -- The
Attorney General shall establish an appellate authority to provide
for a single level of administrative appellate review of such a
determination.
"(B) STANDARD FOR REVIEW. -- Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the application
and upon such additional or newly discovered evidence as may not
have been available at the time of the determination.
"(3) JUDICIAL REVIEW. --
"(A) LIMITATION TO REVIEW OF EXCLUSION OR DEPORTATION. -- There
shall be judicial review of such a denial only in the judicial
review of an order of exclusion or deportation under section 106.
"8 USC 1105a"
"(B) STANDARD FOR JUDICIAL REVIEW. -- Such judicial review
shall be based solely upon the administrative record established
at the time of the review by the appellate authority and the
findings of fact and determinations contained in such record shall
be conclusive unless the applicant can establish abuse of
discretion or that the findings are directly contrary to clear and
convincing facts contained in the record considered as a whole.
"(f) TEMPORARY DISQUALIFICATION OF NEWLY LEGALIZED ALIENS FROM
RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN. -- During the
five-year period beginning on the date an alien was granted lawful
temporary resident status under subsection (a), and notwithstanding any
other provision of law, the alien is not eligible for aid under a State
plan approved under part A of title IV of the Social Security Act. "42
USC 601" Notwithstanding the previous sentence, in the case of an alien
who would be eligible for aid under a State plan approved under part A
of title IV of the Social Security Act but for the previous sentence,
the provisions of paragraph (3) of section 245A(h) shall apply in the
same manner as they apply with respect to paragraph (1) of such section
and, for this purpose, any reference in section 245A(h)(3) to paragraph
(1) is deemed a reference to the previous sentence.
"(g) TREATMENT OF SPECIAL AGRICULTURAL WORKERS. -- For all purposes
(subject to subsections (b)(3) and (f) ) an alien whose status is
adjusted under this section to that of an alien lawfully admitted for
permanent residence, such status not having changed, shall be considered
to be an alien lawfully admitted for permanent residence (within the
meaning of section 101(a)(20) ). "8 USC 1101"
"(h) SEASONAL AGRICULTURAL SERVICES DEFINED. -- In this section, the
term 'seasonal agricultural services' means the performance of field
work related to planting, cultural practices, cultivating, growing and
harvesting of fruits and vegetables of every kind and other perishable
commodities, as defined in regulations by the Secretary of
Agriculture.".
(2) The table of contents is amended by inserting after the item
relating to section 209 the following new item:
"Sec. 210. Special agricultural workers.".
(b) CONFORMING AMENDMENTS. -- (1) Section 402(f) "42 USC 602" of the
Social Security Act (as added by section 201(b)(1) of this Act) is
amended --
(A) by inserting "and subsection (f) of section 210 of such
Act" before the period at the end of paragraph (1);
(B) by inserting "or (f)" after "such subsection (h)" in
paragraph (2); and
(C) by inserting "or 210" after "such section 245A" in
paragraph (2).
(2) The last sentence of section 472(a) "42 USC 672" of such Act as
added by section 201(b)(2)(A) of this Act) is amended by inserting "or
210(f)" after "245A(h)".
SEC. 303. DETERMINATIONS OF AGRICULTURAL LABOR SHORTAGES AND
ADMISSION OF ADDITIONAL SPECIAL AGRICULTURAL WORKERS.
(a) IN GENERAL. -- Chapter 1 of title II "42 USC 401" is amended by
adding after section 210 (added by section 302 of this title) the
following new section:
"SEC. 210A. (a) DETERMINATION OF NEED TO ADMIT ADDITIONAL "8 USC
1161" SPECIAL AGRICULTURAL WORKERS. --
"(1) IN GENERAL. -- Before the beginning of each fiscal year
(beginning with fiscal year 1990 and ending with fiscal year
1993), the Secretaries of Labor and Agriculture (in this section
referred to as the 'Secretaries') shall jointly determine the
number (if any) of additional aliens who should be admitted to the
United States or who should otherwise acquire the status of aliens
lawfully admitted for temporary residence under this section
during the fiscal year to meet a shortage of workers to perform
seasonal agricultural services in the United States during the
year. Such number is, in this section, referred to as the
'shortage number'.
"(2) OVERALL DETERMINATION. -- The shortage number is --
"(A) the anticipated need for special agricultural workers (as
determined under paragraph (4)) for the fiscal year, minus
"(B) the supply of such workers (as determined under paragraph
(5)) for that year, divided by the factor (determined under
paragraph (6)) for man-days per worker.
"(3) NO REPLENISHMENT IF NO SHORTAGE. -- In determining the
shortage number, the Secretaries may not determine that there is a
shortage unless, after considering all of the criteria set forth
in paragraphs (4) and (5), the Secretaries determine that there
will not be sufficient able, willing, and qualified workers
available to perform seasonal agricultural services required in
the fiscal year involved.
"(4) DETERMINATION OF NEED. -- For purposes of paragraph (2)(
A), the anticipated need for special agricultural workers for a
fiscal year is determined as follows:
"(A) BASE. -- The Secretaries shall jointly estimate, using
statistically valid methods, the number of man-days of labor
performed in seasonal agricultural services in the United States
in the previous fiscal year.
"(B) ADJUSTMENT FOR CROP LOSSES AND CHANGES IN INDUSTRY. -- The
Secretaries shall jointly --
"(i) increase such number by the number of man-days of labor in
seasonal agricultural services in the United States that would
have been needed in the previous fiscal year to avoid any crop
damage or other loss that resulted from the unavailability of
labor, and
"(ii) adjust such number to take into account the projected
growth or contraction in the requirements for seasonal
agricultural services as a result of --
"(I) growth or contraction in the seasonal agriculture
industry, and
"(II) the use of technologies and personnel practices that
affect the need for, and retention of, workers to perform such
services.
"(5) DETERMINATION OF SUPPLY. -- For purposes of paragraph
(2)(B), the anticipated supply of special agricultural workers for
a fiscal year is determined as follows:
"(A) BASE. -- The Secretaries shall use the number estimated
under paragraph (4)(A).
"(B) ADJUSTMENT FOR RETIREMENTS AND INCREASED RECRUITMENT. --
The Secretaries shall jointly --
"(i) decrease such number by the number of man-days of labor in
seasonal agricultural services in the United States that will be
lost due to retirement and movement of workers out of performance
of seasonal agricultural services, and
"(ii) increase such number by the number of additional man-days
of labor in seasonal agricultural services in the United States
that can reasonably be expected to result from the availability of
able, willing, qualified, and unemployed special agricultural
workers, rural low skill, or manual, laborers, and domestic
agricultural workers.
"(C) BASES FOR INCREASED NUMBER. -- In making the adjustment
under subparagraph (B)(ii), the Secretaries shall consider --
"(i) the effect, if any, that improvements in wages and working
conditions offered by employers will have on the availability of
workers to perform seasonal agricultural services, taking into
account the adverse effect, if any, of such improvements in wages
and working conditions on the economic competitiveness of the
perishable agricultural industry,
"(ii) the effect, if any, of enhanced recruitment efforts by
the employers of such workers and government employment services
in the traditional and expected areas of supply of such workers,
and
"(iii) the number of able, willing and qualified individuals
who apply for employment opportunities in seasonal agricultural
services listed with offices of government employment services.
"(D) CONSTRUCTION. -- Nothing in this subsection shall be
deemed to require any individual employer to pay any specified
level of wages, to provide any specified working conditions, or to
provide for any specified recruitment of workers.
"(6) DETERMINATION OF MAN-DAY PER WORKER FACTOR. --
"(A) FISCAL YEAR 1990. -- For fiscal year 1990 --
"(i) IN GENERAL. -- Subject to clause (ii), for purposes of
paragraph (2) the factor under this paragraph is the average
number, as estimated by the Director of the Bureau of the Census
under subsection (b)(3)(A)(ii), of man-days of seasonal
agricultural services performed in the United States in fiscal
year 1989 by special agricultural workers whose status is adjusted
under section 210 and who performed seasonal agricultural services
in the United States at any time during the fiscal year.
"(ii) LACK OF ADEQUATE INFORMATION. -- If the Director
determines that --
"(I) the information reported under subsection (b)(2)(A) is not
adequate to make a reasonable estimate of the average number
described in clause (i), but
"(II) the inadequacy of the information is not due to the
refusal or failure of employers to report the information required
under subsection (b)(2)(A), the factor under this paragraph is 90.
"(B) FISCAL YEAR 1991. -- For purposes of paragraph (2) for
fiscal year 1991, the factor under this paragraph is the average
number, as estimated by the Director of the Bureau of the Census
under subsection (b)(3)(A)(ii), of man-days of seasonal
agricultural services performed in the United States in fiscal
year 1990 by special agricultural workers who obtained lawful
temporary resident status under this section.
"(C) FISCAL YEARS 1992 AND 1993. -- For purposes of paragraph
(2) for fiscal years 1992 and 1993, the factor under this
paragraph is the average number, as estimated by the Director of
the Bureau of the Census under subsection (b)(3)(A)(ii), of
man-days of seasonal agricultural services performed in the United
States in each of the two previous fiscal years by special
agricultural workers who obtained lawful temporary resident status
under this section during either of such fiscal years.
"(7) EMERGENCY PROCEDURE FOR INCREASE IN SHORTAGE NUMBER. --
"(A) REQUESTS. -- After the beginning of a fiscal year, a
group or association representing employers (and potential
employers) of individuals who perform seasonal agricultural
services may request the Secretaries to increase the shortage
number for the fiscal year based upon a showing that
extraordinary, unusual, and unforeseen circumstances have resulted
in a significant increase in the shortage number due to (i) a
significant increase in the need for special agricultural workers
in the year, (ii) a significant decrease in the availability of
able, willing, and qualified workers to perform seasonal
agricultural services, or (iii) a significant decrease (below the
factor used for purposes of paragraph (6)) in the number of
man-days of seasonal agricultural services performed by aliens who
were recently admitted (or whose status was recently adjusted)
under this section.
"(B) NOTICE OF EMERGENCY PROCEDURE. -- Not later than 3 days
after the date the Secretaries receive a request under
subparagraph (A), the Secretaries shall provide for notice in the
Federal Register of the substance of the request and shall provide
an opportunity for interested parties to submit information to the
Secretaries on a timely basis respecting the request.
"(C) PROMPT DETERMINATION ON REQUEST. -- The Secretaries, not
later than 21 days after the date of the receipt of such a request
and after consideration of any information submitted on a timely
basis with respect to the request, shall make and publish in the
Federal Register their determination on the request. The request
shall be granted, and the shortage number for the fiscal year
shall be increased, to the extent that the Secretaries determine
that such an increase is justified based upon the showing and
circumstances described in subparagraph (A) and that such an
increase takes into account reasonable recruitment efforts having
been undertaken.
"(8) PROCEDURE FOR DECREASING MAN-DAYS OF SEASONAL AGRICULTURAL
SERVICES REQUIRED IN THE CASE OF OVER-SUPPLY OF WORKERS. --
"(A) REQUESTS. -- After the beginning of a fiscal year, a
group of special agricultural workers may request the Secretaries
to decrease the number of man-days required under subparagraphs
(A) and (B) of subsection (d)(2) with respect to the fiscal year
based upon a showing that extraordinary, unusual, and unforeseen
circumstances have resulted in a significant decrease in the
shortage number due to (i) a significant decrease in the need for
special agricultural workers in the year, (ii) a significant
increase in the availability of able, willing, and qualified
workers to perform seasonal agricultural services, or (iii) a
significant increase (above the factor used for purposes of
paragraph (6)) in the number of man-days of seasonal agricultural
services performed by aliens who were recently admitted (or whose
status was recently adjusted) under this section.
"(B) NOTICE OF REQUEST. -- Not later than 3 days after the
date the Secretaries receive a request under subparagraph (A), the
Secretaries shall provide for notice in the Federal Register of
the substance of the request and shall provide an opportunity for
interested parties to submit information to the Secretaries on a
timely basis respecting the request.
"(C) DETERMINATION ON REQUEST. -- The Secretaries, before the
end of the fiscal year involved and after consideration of any
information submitted on a timely basis with respect to the
request, shall make and publish in the Federal Register their
determination on the request. The request shall be granted, and
the number of man-days specified in subparagraphs (A) and (B) of
subsection (d)(2) for the fiscal year shall be reduced by the same
proportion as the Secretaries determine that a decrease in the
shortage number is justified based upon the showing and
circumstances described in subparagraph (A).
"(b) ANNUAL NUMERICAL LIMITATION ON ADMISSION OF ADDITIONAL SPECIAL
AGRICULTURAL WORKERS. --
"(1) ANNUAL NUMERICAL LIMITATION. --
"(A) FISCAL YEAR 1990. -- The numerical limitation on the
number of aliens who may be admitted under subsection (c)(1) or
who otherwise may acquire lawful temporary residence under such
subsection for fiscal year 1990 is --
"(i) 95 percent of the number of individuals whose status was
adjusted under section 210(a), minus
"(ii) the number estimated under paragraph (3)(A)(i) for fiscal
year 1989 (as adjusted in accordance with subparagraph (C)).
"(B) FISCAL YEARS 1991, 1992, AND 1993. -- The numerical
limitation on the number of aliens who may be admitted under
subsection (c)(1) or who otherwise may acquire lawful temporary
residence under such subsection for fiscal year 1991, 1992, or
1993 is --
"(i) 90 percent of the number described in this clause for the
previous fiscal year (or, for fiscal year 1991, the number
described in subparagraph (A)(i)), minus
"(ii) the number estimated under paragraph (3)(A)(i) for the
previous fiscal year (as adjusted in accordance with subparagraph
(C)).
"(C) ADJUSTMENT TO TAKE INTO ACCOUNT CHANGE IN NUMBER OF H-2
AGRICULTURAL WORKERS. -- The number used under subparagraph (A)(
ii) or (B)(ii) (as the case may be) shall be increased or
decreased to reflect any numerical increase or decrease,
respectively, in the number of aliens admitted to perform
temporary seasonal agricultural services (as defined in subsection
(g)(2)) under section 101(a)(15)(H)(ii)(a) in the fiscal year
compared to such number in the previous fiscal year.
"(2) REPORTING OF INFORMATION ON EMPLOYMENT. -- In the case of
a person or entity who employs, during a fiscal year (beginning
with fiscal year 1989 and ending with fiscal year 1992) in
seasonal agricultural services, a special agricultural worker --
"(A) whose status was adjusted under section 210, the person or
entity shall furnish an official designated by the Secretaries
with a certificate (at such time, in such form, and containing
such information as the Secretaries establish, after consultation
with the Attorney General and the Director of the Bureau of the
Census) of the number of man-days of employment performed by the
alien in seasonal agricultural services during the fiscal year, or
"(B) who was admitted or whose status was adjusted under this
section, the person or entity shall furnish the alien and an
official designated by the Secretaries with a certificate (at such
time, in such form, and containing such information as the
Secretaries establish, after consultation with the Attorney
General and the Director of the Bureau of the Census) of the
number of man-days of employment performed by the alien in
seasonal agricultural services during the fiscal year.
"(3) ANNUAL ESTIMATE OF EMPLOYMENT OF SPECIAL AGRICULTURAL
WORKERS. --
"(A) IN GENERAL. -- The Director of the Bureau of the Census
shall, before the end of each fiscal year (beginning with fiscal
year 1989 and ending with fiscal year 1992), estimate --
"(i) the number of special agricultural workers who have
performed seasonal agricultural services in the United States at
any time during the fiscal year, and
"(ii) for purposes of subsection (a)(5), the average number of
man-days of such services certain of such workers have performed
in the United States during the fiscal year.
"(B) FURNISHING OF INFORMATION TO DIRECTOR. -- The official
designated by the Secretaries under paragraph (2) shall furnish to
the Director, in such form and manner as the Director specifies,
information contained in the certifications furnished to the
official under paragraph (2).
"(C) BASIS FOR ESTIMATES. -- The Director shall base the
estimates under subparagraph (A) on the information furnished
under subparagraph (B), but shall take into account (to the extent
feasible) the underreporting or duplicate reporting of special
agricultural workers who have performed seasonal agricultural
services at any time during the fiscal year. The Director shall
periodically conduct appropriate surveys, of agricultural
employers and others, to ascertain the extent of such
underreporting or duplicate reporting.
"(D) REPORT. -- The Director shall annually prepare and report
to the Congress information on the estimates made under this
paragraph.
"(c) ADMISSION OF ADDITIONAL SPECIAL AGRICULTURAL WORKERS. --
"(1) IN GENERAL. -- For each fiscal year (beginning with
fiscal year 1990 and ending with fiscal year 1993), the Attorney
General shall provide for the admission for lawful temporary
resident status, or for the adjustment of status to lawful
temporary resident status, of a number of aliens equal to the
shortage number (if any, determined under subsection (a)) for the
fiscal year, or, if less, the numerical limitation established
under subsection (b)(1) for the fiscal year. No such alien shall
be admitted who is not admissible to the United States as an
immigrant, except as otherwise provided under subsection (e).
"(2) ALLOCATION OF VISAS. -- The Attorney General shall, in
consultation with the Secretary of State, provide such process as
may be appropriate for aliens to petition for immigrant visas or
to adjust status to become aliens lawfully admitted for temporary
residence under this subsection. No alien may be issued a visa as
an alien to be admitted under this subsection or may have the
alien's status adjusted under this subsection unless the alien has
had a petition approved under this paragraph.
"(d) RIGHTS OF ALIENS ADMITTED OR ADJUSTED UNDER THIS SECTION. --
"(1) ADJUSTMENT TO PERMANENT RESIDENCE. -- The Attorney
General shall adjust the status of any alien provided lawful
temporary resident status under subsection (c) to that of an alien
lawfully admitted for permanent residence at the end of the 3-year
period that begins on the date the alien was granted such
temporary resident status.
"(2) TERMINATION OF TEMPORARY RESIDENCE. -- During the period
of temporary resident status granted an alien under subsection
(c), the Attorney General may terminate such status only upon a
determination under this Act that the alien is deportable.
"(3) AUTHORIZED TRAVEL AND EMPLOYMENT DURING TEMPORARY
RESIDENCE. -- During the period an alien is in lawful temporary
resident status granted under this section, the alien has the
right to travel abroad (including commutation from a residence
abroad) and shall be granted authorization to engage in employment
in the United States and shall be provided an 'employment
authorized' endorsement or other appropriate work permit, in the
same manner as for aliens lawfully admitted for permanent
residence.
"(4) IN GENERAL. -- Except as otherwise provided in this
subsection, an alien who acquires the status of an alien lawfully
admitted for temporary residence under subsection (c), such status
not having changed, is considered to be an alien lawfully admitted
for permanent residence (as described in section 101(a)( 20)), "8
USC 1101" other than under any provision of the immigration laws.
"(5) EMPLOYMENT IN SEASONAL AGRICULTURAL SERVICES REQUIRED. --
"(A) FOR 3 YEARS TO AVOID DEPORTATION. -- In order to meet the
requirement of this paragraph (for purposes of this subsection and
section 241(a)(20)), "8 USC 1251" an alien, who has obtained the
status of an alien lawfully admitted for temporary residence under
this section, must establish to the Attorney General that the
alien has performed 90 man-days of seasonal agricultural services
--
"(i) during the one-year period beginning on the date the alien
obtained such status,
"(ii) during the one-year period beginning one year after the
date the alien obtained such status, and
"(iii) during the one-year period beginning two years after the
date the alien obtained such status.
"(B) FOR 5 YEARS FOR NATURALIZATION. -- Notwithstanding any
provision in title III, "8 USC 1401" an alien admitted under this
section may not be naturalized as a citizen of the United States
under that title unless the alien has performed 90 man-days of
seasonal agricultural services in each of 5 fiscal years (not
including any fiscal year before the fiscal year in which the
alien was admitted under this section).
"(C) PROOF. -- In meeting the requirements of subparagraphs
(A) and (B), an alien may submit such documentation as may be
submitted under section 210(b)(3).
"(D) ADJUSTMENT OF NUMBER OF MAN-DAYS REQUIRED. -- The number
of man-days specified in subparagraphs (A) and (B) are subject to
adjustment under subsection (a)(8).
"(6) DISQUALIFICATION FROM CERTAIN PUBLIC ASSISTANCE. -- The
provisions of section 245A(h) (other than paragraph (1)(A)(iii) )
shall apply to an alien who has obtained the status of an alien
lawfully admitted for temporary residence under this section,
during the five-year period beginning on the date the alien
obtained such status, in the same manner as they apply to an alien
granted lawful temporary residence under section 245A; except
that, for purposes of this paragraph, assistance furnished under
the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) or
under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.)
shall not be construed to be financial assistance described in
section 245A(h)(1)(A)(i).
"(e) DETERMINATION OF ADMISSIBILITY OF ADDITIONAL WORKERS. -- In the
determination of an alien's admissibility under subsection (c)(1) --
"(1) GROUNDS OF EXCLUSION NOT APPLICABLE. -- The provisions of
paragraphs (14), (20), (21), (25), and (32) of section 212(a) "8
USC 1182" shall not apply.
"(2) WAIVER OF CERTAIN GROUNDS FOR EXCLUSION. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
the Attorney General may waive any other provision of section
212(a) in the case of individual aliens for humanitarian purposes,
to assure family unity, or when it is otherwise in the public
interest.
"(B) GROUNDS THAT MAY NOT BE WAIVED. -- The following
provisions of section 212(a) may not be waived by the Attorney
General under subparagraph (A):
"(i) Paragraphs (9) and (10) (relating to criminals).
"(ii) Paragraph (23) (relating to drug offenses), except for so
much of such paragraph as relates to a single offense of simple
possession of 30 grams or less of marihuana.
"(iii) Paragraphs (27), (28), and (29) (relating to national
security and members of certain organizations).
"(iv) Paragraph (33) (relating to those who assisted in the
Nazi persecutions).
"(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE. -- An
alien is not ineligible for adjustment of status under this
section due to being inadmissible under section 212(a)(15) if the
alien demonstrates a history of employment in the United States
evidencing self-support without reliance on public cash
assistance.
"(3) MEDICAL EXAMINATION. -- The alien shall be required, at
the alien's expense, to undergo such a medical examination
(including a determination of immunization status) as is
appropriate and conforms to generally accepted professional
standards of medical practice.
"(f) TERMS OF EMPLOYMENT RESPECTING ALIENS ADMITTED UNDER THIS
SECTION. --
"(1) EQUAL TRANSPORTATION FOR DOMESTIC WORKERS. -- If a person
employes an alien, who was admitted or whose status is adjusted
under subsection (c), in the performance of seasonal agricultural
services and provides transportation arrangements or assistance
for such workers, the employer must provide the same
transportation arrangements or assistance (generally comparable in
expense and scope) for other individuals employed in the
performance of seasonal agricultural services.
"(2) PROHIBITION OF FALSE INFORMATION BY CERTAIN EMPLOYERS. --
A farm labor contractor, agricultural employer, or agricultural
association who is an exempt person (as defined in paragraph (5))
shall not knowingly provide false or misleading information to an
alien who was admitted or whose status was adjusted under
subsection (c) concerning the terms, conditions, or existence of
agricultural employment (described in subsection (a), (b), or (c)
"29 USC 1831" of section 301 of MASAWPA).
"(3) PROHIBITION OF DISCRIMINATION BY CERTAIN EMPLOYERS. -- In
the case of an exempt person and with respect to aliens who have
been admitted or whose status has been adjusted under subsection
(c), "29 USC 1855" the provisions of section 505 of MASAWPA shall
apply to any proceeding under or related to (and rights and
protections afforded by) this section in the same manner as they
apply to proceedings under or related to (and rights and
protections afforded by) MASAWPA.
"(4) ENFORCEMENT. -- If a person or entity --
"(A) fails to furnish a certificate required under subsection
(b)(2) or furnishes false statement of a material fact in such a
certificate,
"(B) violates paragraph (1) or (2), or
"(C) violates the provisions of section 505(a) of MASAWPA (as
they apply under paragraph (3)), the person or entity is subject
to a civil money penalty under section 503 "29 USC 1853" of
MASAWPA in the same manner as if the person or entity had
committed a violation of MASAWPA.
"(5) SPECIAL DEFINITIONS. -- In this subsection:
"(A) MASAWPA. -- The term 'MASAWPA' means the Migrant and
Seasonal Agricultural Worker Protection Act (Public Law 97-470).
"29 USC 1801 note"
"(B) The term 'exempt person' means a person or entity who
would be subject to the provisions of MASAWPA but for paragraph
(1) or (2), or both, of section 4(a) of MASAWPA.
"(g) GENERAL DEFINITIONS. -- In this section:
"(1) The term 'special agricultural worker' means an
individual, regardless of present status, whose status was at any
time adjusted under section 210 or who at any time was admitted or
had the individual's status adjusted under subsection (c).
"(2) The term 'seasonal agricultural services' has the meaning
given such term in section 210(h).
"(3) The term 'Director' refers to the Director of the Bureau
of the Census.
"(4) The term 'man-day' means, with respect to seasonal
agricultural services, the performance during a calendar day of at
least 4 hours of seasonal agricultural services.".
(b) DEPORTATION OF CERTAIN WORKERS WHO FAIL TO PERFORM SEASONAL
AGRICULTURAL SERVICES. -- Section 241(a) (8 U.S.C. 1251(a)) is amended
--
(1) by striking out "or" at the end of paragraph (18),
(2) by striking out the period at the end of paragraph (19) and
inserting in lieu thereof "; or", and
(3) by adding at the end the following new paragraph:
"(20) obtains the status of an alien who becomes lawfully
admitted for temporary residence under section 210A and fails to
meet the requirement of section 210A(d)(5)(A) by the end of the
applicable period.".
(c) APPLICATION OF CERTAIN STATE ASSISTANCE PROVISIONS. -- For
purposes of section 204 "8 USC 1255a note" of this Act (relating to
State legalization assistance), the term "eligible legalized alien"
includes an alien who becomes an alien lawfully admitted for permanent
or temporary residence under section 210 or 210A of the Immigration and
Nationality Act, but only until the end of the 5-year period beginning
on the date the alien was first granted permanent or temporary resident
status.
(d) CLERICAL AMENDMENT. -- The table of contents is amended by
inserting after the item relating to section 210 (as inserted by section
302) the following new item:
"Sec. 210A. Determination of agricultural labor shortages and
admission of additional special agricultural workers.".
(e) CONFORMING AM DMENTS. -- (1) Section 402(f) "42 USC 602" of the
Social Security Act (as added by section 201(b)(1) of this Act and
amended by section 302(b)(1) of this Act) is further amended --
(A) by striking out "and subsection (f) of section 210 of such
Act" in paragraph (1) and inserting in lieu thereof ", subsection
(f) of section 210 of such Act, and subsection (d)(7) of section
210A of such Act";
(B) by striking out "such subsection (h) or (f)" in paragraph
(2) and inserting in lieu thereof "such subsection (h), (f), or
(d)(7)"; and
(C) by striking out "such section 245A or 210" in paragraph (2)
and inserting in lieu thereof "such subsection 245A, 210, or
210A".
(2) The last sentence of section 472(a) of such Act "42 USC 672" (as
added by section 201(b)(2)(A) of this Act and amended by section 302(
b)(2) of this Act) is further amended by striking out "245A(h) or 210(
f)" and inserting in lieu thereof "245A(h), 210(f), or 210A(d)(7)".
SEC. 304. COMMISSION ON AGRICULTURAL WORKERS.
(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION. -- (1) There is "8
USC 1160 note" established a Commission on Agricultural Workers
(hereinafter in this section referred to as the "Commission"), to be
composed of 12 members --
(A) six to be appointed by the President,
(B) three to be appointed by the Speaker of the House of
Representatives, and
(C) three to be appointed by the President pro tempore of the
Senate.
(2) In making appointments under paragraph (1)(A), the President
shall consult --
(A) with the Attorney General in appointing two members,
(B) with the Secretary of Labor in appointing two members, and
(C) with the Secretary of Agriculture in appointing two
members.
(3) A vacancy in the Commission shall be filled in the same manner in
which the original appointment was made.
(4) Members shall be appointed to serve for the life of the
Commission.
(b) FUNCTIONS OF COMMISSION. -- (1) The Commission shall review the
following:
(A) The impact of the special agricultural worker provisions on
the wages and working conditions of domestic farmworkers, on the
adequacy of the supply of agricultural labor, and on the ability
of agricultural workers to organize.
(B) The extent to which aliens who have obtained lawful
permanent or temporary resident status under the special
agricultural worker provisions continue to perform seasonal
agricultural services and the requirement that aliens who become
special agricultural workers under section 210A of the Immigration
and Nationality Act perform 90 man-days of seasonal agricultural
services for certain periods in order to avoid deportation or to
become naturalized.
(C) The impact of the legalization program and the employers'
sanctions on the supply of agricultural labor.
(D) The extent to which the agricultural industry relies on the
employment of a temporary workforce.
(E) The adequacy of the supply of agricultural labor in the
United States and whether this supply needs to be further
supplemented with foreign labor and the appropriateness of the
numerical limitation on additional special agricultural workers
imposed under section 210A(b) of the Immigration and Nationality
Act.
(F) The extent of unemployment and underemployment of
farmworkers who are United States citizens or aliens lawfully
admitted for permanent residence.
(G) The extent to which the problems of agricultural employers
in securing labor are related to the lack of modern
labor-management techniques in agriculture.
(H) Whether certain geographic regions need special programs or
provisions to meet their unique needs for agricultural labor.
(I) Impact of the special agricultural worker provisions on the
ability of crops harvested in the United States to compete in
international markets.
(2) The Commission shall conduct an overall evaluation of the special
agricultural worker provisions, including the process for determining
whether or not an agricultural labor shortage exists.
(c) REPORT TO CONGRESS. -- The Commission shall report to the
Congress not later than five years after the date of the enactment of
this Act on its reviews under subsection (b). The Commission shall
include in its report recommendations for appropriate changes that
should be made in the special agricultural worker provisions.
(d) COMPENSATION OF MEMBERS. -- (1) Each member of the Commission
who is not an officer or employee of the Federal Government is entitled
to receive, subject to such amounts as are provided in advance in
appropriations Acts, the daily equivalent of the minimum annual rate of
basic pay in effect for grade GS-18 of the General Schedule for each day
(including traveltime) during which "5 USC 5332" the member is engaged
in the actual performance of duties of the Commission. Each member of
the Commission who is such an officer or employee shall serve without
additional pay.
(2) While away from their homes or regular places of business in the
performance of services for the Commission, members of the Commission
shall be allowed travel expense, including per diem in lieu of
subsistence.
(e) MEETINGS OF COMMISSION. -- (1) Five members of the Commission
shall constitute a quorum, but a less number may hold hearings.
(2) The Chairman and the Vice Chairman of the Commission shall be
elected by the members of the Commission for the life of the Commission.
(3) The Commission shall meet at the call of the Chairman or a
majority of its members.
(f) STAFF. -- (1) The Chairman, in accordance with rules agreed upon
by the Commission, may appoint and fix the compensation of a staff
director and such other additional personnel as may be necessary to
enable the Commission to carry out its functions, without regard to the
laws, rules, and regulations governing appointment in the competitive
service. Any Federal employee subject to those laws, rules, and
regulations may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(2) The Commission may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the minimum annual
rate of basic pay payable for GS-18 of the General Schedule.
(g) AUTHORITY OF COMMISSION. -- (1) The Commission may for the
purpose of carrying out this section, hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as
the Commission considers appropriate.
(2) The Commission may secure directly from any department or agency
of the United States information necessary to enable it to carry out
this section. Upon request of the Chairman, the head of such department
or agency shall furnish such information to the Commission.
(3) The Commission may accept, use, and dispose of gifts or donations
of services or property.
(4) The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
(5) The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
(h) AUTHORIZATION OF APPROPRIATIONS. -- (1) There are authorized to
be appropriated such sums as may be necessary to carry out the purposes
of this section.
(2) Notwithstanding any other provision of this section, the
authority to make payments, or to enter into contracts, under this
section shall be effective only to such extent, or in such amounts, as
are provided in advance in appropriations Acts.
(i) TERMINATION DATE. -- The Commission shall cease to exist at the
end of the 63-month period beginning with the month after the month in
which this Act is enacted.
(j) DEFINITIONS. -- In this section:
(1) The term "employer sanctions" means the provisions of
section 274A of the Immigration and Nationality Act.
(2) The term "legalization program" refers to the provisions of
section 245A of the Immigration and Nationality Act.
(3) The term "seasonal agricultural services" has the meaning
given such term in section 210(h) of the Immigration and
Nationality Act.
(4) The term "special agricultural worker provisions" refers to
sections 210 and 210A of the Immigration and Nationality Act.
SEC. 305. ELIGIBILITY OF H-2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL
ASSISTANCE. "8 USC 1101 note"
A nonimmigrant worker admitted to or permitted to remain in the
United States under section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricultural labor
or service shall be considered to be an alien described in section 101(
a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes of establishing
eligibility for legal assistance under the Legal Services Corporation
Act (42 U.S.C. 2996 et seq.), but only with respect to legal assistance
on matters relating to wages, housing, transportation, and other
employment rights as provided in the worker's specific contract under
which the nonimmigrant was admitted.
SEC. 311. CHANGE IN COLONIAL QUOTA.
(a) INCREASE TO 5,000. -- (1) Section 202(c) (8 U.S.C. 1152(c)) is
amended by striking out "six hundred" and inserting in lieu thereof
"5,000".
(2) Section 202(e) (8 U.S.C. 1152(e)) is amended by striking out
"600" and inserting in lieu thereof "5,000".
(b) EFFECTIVE DATE. -- The amendments mad by subsection (a) "8 USC
1152 note" shall apply to fiscal years beginning after the date of the
enactment of this Act.
SEC. 312. G-IV SPECIAL IMMIGRANTS.
(a) SPECIAL IMMIGRANT STATUS FOR CERTAIN OFFICERS AND EMPLOYEES OF
INTERNATIONAL ORGANIZATIONS AND THEIR IMMEDIATE FAMILY MEMBERS. --
Section 101(a)(27)(8 U.S.C. 1101(a)(27)) is amended by striking out "or"
at the end of subparagraph (G), by striking out the period at the end of
subparagraph (H) and inserting in lieu thereof "; or", and by adding at
the end of the following new subparagraph:
"(I)(i) an immigrant who is the unmarried son or daughter of an
officer or employee, or of a former officer or employee, of an
international organization described in paragraph (15)(G)(i), and
who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
physically present in the United States for periods totaling at
least one-half of the seven years before the date of application
for a visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least
seven years between the ages of five and 21 years, and (II)
applies for admission under this subparagraph no later than his
twenty-fifth birthday or six months after the date this
subparagraph is enacted, whichever is later;
"(ii) an immigrant who is the surviving spouse of a deceased
officer or employee of such an international organization, and who
(I) while maintaining the status of a nonimmigrant under paragraph
(15)(G)(iv) or paragraph (15)(N), has resided and been physically
present in the United States for periods totaling at least
one-half of the seven years before the date of application for a
visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least 15
years before the date of the death of such officer or employee,
and (II) applies for admission under this subparagraph no later
than six months after the date of such death or six months after
the date this subparagraph is enacted, whichever is later;
"(iii) an immigrant who is a retired officer or employee of
such an international organization, and who (I) while maintaining
the status of a nonimmigrant under paragraph (15)(G)(iv), has
resided and been physically present in the United States for
periods totaling at least one-half of the seven years before the
date of application for a visa or for adjustment of status to a
status under this subparagraph and for a period or periods
aggregating at least 15 years before the date of the officer or
employee's retirement from any such international organization,
and (II) applies for admission under this subparagraph before
January 1, 1993, and no later than six months after the date of
such retirement or six months after the date this subparagraph is
enacted, whichever is later; or
"(iv) an immigrant who is the spouse of a retired officer or
employee accorded the status of special immigrant under clause
(iii), accompanying or following to join such retired officer or
employee as a member of his immediate family.".
(b) NONIMMIGRANT STATUS FOR CERTAIN PARENTS AND CHILDREN OF ALIENS
GIVEN SPECIAL IMMIGRANT STATUS. -- Section 101(a)(15) (8 U.S.C. 1101(
a)(15)) is amended by striking out "or" at the end of subparagraph (L),
by striking out the period at the end of subparagraph (M) and inserting
in lieu thereof "; or", and by adding at the end the following new
paragraph:
"(N)(i) the parent of an alien accorded the status of special
immigrant under paragraph (27)(I)(i), but only if and while the
alien is a child, or
"(ii) a child of such parent or of an alien accorded the status
of a special immigrant under clause (ii), (iii), or (iv) of
paragraph (27)(I).".
SEC. 313. VISA WAIVER PILOT PROGRAM FOR CERTAIN VISITORS.
(a) ESTABLISHING VISA WAIVER PILOT PROGRAM. -- Chapter 2 of title
II, as amended by section 301(c), is further amended by adding after
section 216 the following new section:
"SEC. 217. (a) ESTABLISHMENT OF PILOT PROGRAM. -- The Attorney "8
USC 1187" General and the Secretary of State are authorized to establish
a pilot program (hereafter in this section referred to as the 'pilot
program') under which the requirement of paragraph (26)(B) of section
212(a) "8 USC 1182" may be waived by the Attorney General and the
Secretary of State, acting jointly and in accordance with this section,
in the case of an alien who meets the following requirements:
"(1) SEEKING ENTRY AS TOURIST FOR 90 DAYS OR LESS. -- The
alien is applying for admission during the pilot program period
(as defined in subsection (e)) as a nonimmigrant visitor
(described in section 101(a)(15)(B)) "8 USC 1101" for a period not
exceeding 90 days.
"(2) NATIONAL OF PILOT PROGRAM COUNTRY. -- The alien is a
national of a country which --
"(A) extends (or agrees to extend) reciprocal privileges to
citizens and nationals of the United States, and
"(B) is designated as a pilot program country under subsection
(c).
"(3) EXECUTES ENTRY CONTROL AND WAIVER FORMS. -- The alien
before the time of such admission --
"(A) completes such immigration form as the Attorney General
shall establish under subsection (b)(3), and
"(B) executes a waiver of review and appeal described in
subsection (b)(4).
"(4) ROUND-TRIP TICKET. -- The alien has a round-trip,
nontransferable transportation ticket which --
"(A) is valid for a period of not less than one year,
"(B) is nonrefundable except in the country in which issued or
in the country of the alien's nationality or residence,
"(C) is issued by a carrier which has entered into an agreement
described in subsection (d), and
"(D) guarantees transport of the alien out of the United States
at the end of the alien's visit.
"(5) NOT A SAFETY THREAT. -- The alien has been determined not
to represent a threat to the welfare, health, safety, or security
of the United States.
"(6) NO PREVIOUS VIOLATION. -- If the alien previously was
admitted without a visa under this section, the alien must not
have failed to comply with the conditions of any previous
admission as such a nonimmigrant.
"(b) CONDITIONS BEFORE PILOT PROGRAM CAN BE PUT INTO OPERATION. --
"(1) PRIOR NOTICE TO CONGRESS. -- The pilot program may not be
put into operation until the end of the 30-day period beginning on
the date that the Attorney General submits to the Congress a
certification that the screening and monitoring system described
in paragraph (2) is operational and effective and that the form
described in paragraph (3) has been produced.
"(2) AUTOMATED DATA ARRIVAL AND DEPARTURE SYSTEM. -- The
Attorney General in cooperation with the Secretary of State shall
develop and establish an automated data arrival and departure
control system to screen and monitor the arrival into and
departure from the United States of nonimmigrant visitors
receiving a visa waiver under the pilot program.
"(3) VISA WAIVER INFORMATION FORM. -- The Attorney General
shall develop a form for use under the pilot program. Such form
shall be consistent and compatible with the control system
developed under paragraph (2). Such form shall provide for, among
other items --
"(A) a summary description of the conditions for excluding
nonimmigrant visitors from the United States under section 212(a)
"8 USC 1182" and under the pilot program,
"(B) a description of the conditions of entry with a waiver
under the pilot program, including the limitation of such entry to
90 days and the consequences of failure to abide by such
conditions, and
"(C) questions for the alien to answer concerning any previous
denial of the alien's application for a visa.
"(4) WAIVER OF RIGHTS. -- An alien may not be provided a
waiver under the pilot program unless the alien has waived any
right --
"(A) to review or appeal under this Act of an immigration
officer's determination as to the admissibility of the alien at
the port of entry into the United States, or
"(B) to contest, other than on the basis of an application for
asylum, any action for deportation against the alien.
"(c) DESIGNATION OF PILOT PROGRAM COUNTRIES. --
"(1) UP TO 8 COUNTRIES. -- The Attorney General and the
Secretary of State acting jointly may designate up to eight
countries as pilot program countries for purposes of the pilot
program.
"(2) INITIAL QUALIFICATIONS. -- For the initial period
described in paragraph (4), a country may not be designated as a
pilot program country unless the following requirements are met:
"(A) LOW NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS 2-YEAR
PERIOD. -- The average number of refusals of nonimmigrant visitor
visas for nationals of that country during the two previous full
fiscal years was less than 2.0 percent of the total number of
nonimmigrant visitor visas for nationals of that country which
were granted or refused during those years.
"(B) LOW NONIMMIGRANT VISA REFUSAL RATE FOR EACH OF 2 PREVIOUS
YEARS. -- The average number of refusals of nonimmigrant visitor
visas for nationals of that country during either of such two
previous full fiscal years was less than 2.5 percent of the total
number of nonimmigrant visitor visas for nationals of that country
which were granted or refused during that year.
"(3) CONTINUING AND SUBSEQUENT QUALIFICATIONS. -- For each
fiscal year (within the pilot program period) after the initial
period --
"(A) CONTINUING QUALIFICATION. -- In the case of a country
which was a pilot program country in the previous fiscal year, a
country may not be designated as a pilot program country unless
the sum of --
"(i) the total of the number of nationals of that country who
were excluded from admission or withdrew their application for
admission during such previous fiscal year as a nonimmigrant
visitor, and
"(ii) the total number of nationals of that country who were
admitted as nonimmigrant visitors during such previous fiscal year
and who violated the terms of such admission, was less than 2
percent of the total number of nationals of that country who
applied for admission as nonimmigrant visitors during such
previous fiscal year.
"(B) NEW COUNTRIES. -- In the case of another country, the
country may not be designated as a pilot program country unless
the following requirements are met:
"(i) LOW NONIMMIGRANT VISA REFUSAL RATE IN PREVIOUS 2-YEAR
PERIOD. -- The average number of refusals of nonimmigrant visitor
visas for nationals of that country during the two previous full
fiscal years was less than 2 percent of the total number of
nonimmigrant visitor visas for nationals of that country which
were granted or refused during those years.
"(ii) LOW NONIMMIGRANT VISA REFUSAL RATE IN EACH OF THE 2
PREVIOUS YEARS. -- The average number of refusals of nonimmigrant
visitor visas for nationals of that country during either of such
two previous full fiscal years was less than 2.5 percent of the
total number of nonimmigrant visitor visas for nationals of that
country which were granted or refused during that year.
"(4) INITIAL PERIOD. -- For purposes of paragraphs (2) and
(3), the term 'initial period' means the period beginning at the
end of the 30-day period described in subsection (b)(1) and ending
on the last day of the first fiscal year which begins after such
30-day period.
"(d) CARRIER AGREEMENTS. --
"(1) IN GENERAL. -- The agreement referred to in subsection
(a)(4)(C) is an agreement between a carrier and the Attorney
General under which the carrier agrees, in consideration of the
waiver of the visa requirement with respect to a nonimmigrant
visitor under the pilot program --
"(A) to indemnify the United States against any costs for the
transportation of the alien from the United States if the visitor
is refused admission to the United States or remains in the United
States unlawfully after the 90-day period described in subsection
(a)(1)(A), and
"(B) to submit daily to immigration officers any immigration
forms received with respect to nonimmigrant visitors provided a
waiver under the pilot program.
"(2) TERMINATION OF AGREEMENTS. -- The Attorney General may
terminate an agreement under the paragraph (1) with five days'
notice to the carrier for the carrier's failure to meet the terms
of such agreement.
"(e) DEFINITION OF PILOT PROGRAM PERIOD. -- For purposes of this
section, the term 'pilot program period' means the period beginning at
the end of the 30-day period referred to in subsection (b)(1) and ending
on the last day of the third fiscal year which begins after such 30-day
period.".
(b) LIMITATION ON STAY IN UNITED STATES. -- Section 214(a) (8 U.S.
C. 1184(a)) is amended by adding at the end the following new sentence:
"No alien admitted to the United States without a visa pursuant to
section 217 may be authorized to remain in the United States as a
nonimmigrant visitor for a period exceeding 90 days from the date of
admission.".
(c) PROHIBITION OF ADJUSTMENT TO IMMIGRANT STATUS. -- Section 245(
c) (8 U.S.C. 1255(c)), as amended by section 312(b), is further amended
by striking out "or" before "(4)" and by inserting before the period at
the end the following: "; or (5) an alien (other than an immediate
relative as defined in section 201(b)) who was admitted as a
nonimmigrant visitor without a visa under section 212(l) or section
217". "8 USC 1182"
(d) PROHIBITION OF ADJUSTMENT OF NONIMMIGRANT STATUS. -- Section 248
(8 U.S.C. 1258) is amended by striking out "and" at the end of paragraph
(2), by striking out the period at the end of paragraph (3) and
inserting in lieu thereof ", and" and by adding at the end thereof the
following new paragraph:
"(4) an alien admitted as a nonimmigrant visitor without a visa
under section 212(l) or section 217.".
(e) CONFORMING AMENDMENT TO TABLE OF CONTENTS. -- The table of
contents is amended by adding after the item relating to section 216 the
following new item:
"Sec. 217 Visa waiver pilot program for certain visitors.".
SEC. 314. MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS. "8
USC 1153 note"
(a) AUTHORIZATION OF ADDITIONAL VISAS. -- Notwithstanding the
numerical limitations in section 201(a) of the Immigration and
Nationality Act (8 U.S.C. 1151(a)), but subject to the numerical
limitations in section 202 of such Act, "8 USC 1152" there shall be made
available to qualified immigrants described in section 203(a)(7) of such
Act "8 USC 1153" 5,000 visa numbers in each of fiscal years 1987 and
1988.
(b) DISTRIBUTION OF VISA NUMBERS. -- The Secretary of State shall
provide for making visa numbers provided under subsection (a) available
in the same manner as visa numbers are otherwise made available to
qualified immigrants under section 203(a)(7) of the Immigration and
Nationality Act, except that --
(1) the Secretary shall first make such visa numbers available
to qualified immigrants who are natives of foreign states the
immigration of whose natives to the United States was adversely
affected by the enactment of Public Law 89-236, "8 USC 1151" and
(2) within groups of qualified immigrants, such visa numbers
shall be made available strictly in the chronological order in
which they qualify after the date of the enactment of this Act.
(c) WAIVER OF LABOR CERTIFICATION. -- Section 212(a)(14) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(14)) shall not apply
in the determination of an immigrant's eligibility to receive any visa
made available under this section or in the admission of such an
immigrant issued such a visa under this section.
(d) APPLICATION OF DEFINITIONS OF IMMIGRATION AND NATIONALITY ACT.
-- Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act "8 USC 1101
note" shall apply in the administration of this section. Nothing in
this section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization.
SEC. 315. MISCELLANEOUS PROVISIONS.
(a) EQUAL TREATMENT OF FATHERS. -- Section 101(b)(1)(D) (8 U.S.C.
1101(b)(1)(D)) is amended by inserting "or to its natural father if the
father has or had a bona fide parent-child relationship with the person"
after "natural mother".
(b) SUSPENSION OF DEPORTATION FOR CERTAIN ALIENS. -- Section 244(b)
(8 U.S.C. 1254(b)), as amended by section 312(c), is further amended by
adding at the end the following new paragraph:
"(3) An alien shall not be considered to have failed to maintain
continuous physical presence in the United States under paragraphs (1)
and (2) of subsection (a) if the absence from the United States was
brief, casual, and innocent and did not meaningfully interrupt the
continuous physical presence.".
(c) SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN POLITICAL "8 USC
1253 note" PRISONERS. -- It is the sense of the Congress that the
Secretary of State should provide for the issuance of visas to nationals
of Cuba who are or were imprisoned in Cuba for political activities
without regard to section 243(g) of the Immigration and Nationality Act
(8 U.S.C. 1253(g) ).
(d) DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASES OF STRIKES. --
(1) Except as provided in paragraph (2), during the one-year period
beginning on the date of the enactment of this Act, "8 USC 1101 note" an
alien may not be admitted to the United States as an alien crewman
(under section 101(a)(15)(D) of the Immigration and Nationality Act, 8
U.S.C. 101(a)(15)(D)) for the purpose of performing service on board a
vessel or aircraft at a time when there is a strike in the bargaining
unit of the employer in which the alien intends to perform such service.
(2) Paragraph (1) shall not apply to an alien employee who was
employed before the date of the strike concerned and who is seeking
admission to enter the United States to continue to perform services as
a crewman to the same extent and on the same routes as the alien
performed such services before the date of the strike.
SEC. 401. TRIENNIAL COMPREHENSIVE REPORT ON IMMIGRATION. "8 USC
1364"
(a) TRIENNIAL REPORT. -- The President shall transmit to the
Congress, not later than January 1, 1989, and not later than January 1
of every third year thereafter, a comprehensive immigration-impact
report.
(b) DETAILS IN EACH REPORT. -- Each report shall include --
(1) the number and classification of aliens admitted (whether
as immediate relatives, special immigrants, refugees, or under the
preferences classifications, or as nonimmigrants), paroled, or
granted asylum, during the relevant period;
(2) a reasonable estimate of the number of aliens who entered
the United States during the period without visas or who became
deportable during the period under section 241 of the Immigration
and Nationality Act; "8 USC 1251" and
(3) a description of the impact of admissions and other entries
of immigrants, refugees, asylees, and parolees into the United
States during the period on the economy, labor and housing
markets, the educational system, social services, foreign policy,
environmental quality and resources, the rate, size, and
distribution of population growth in the United States, and the
impact on specific States and local units of government of high
rates of immigration resettlement.
(c) HISTORY AND PROJECTIONS. -- The information (referred to in
subsection (b)) contained in each report shall be --
(1) described for the preceding three-year period, and
(2) projected for the succeeding five-year period, based on
reasonable estimates substantiated by the best available evidence.
(d) RECOMMENDATIONS. -- The President also may include in such
report any appropriate recommendations on changes in numerical
limitations or other policies under title II of the Immigration and
Nationality Act "8 USC 1151" bearing on the admission and entry of such
aliens to the United States.
SEC. 402. REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT.
The President shall transmit to Congress annual reports on the "8 USC
1324a note" implementation of section 274A of the Immigration and
Nationality Act (relating to unlawful employment of aliens) during the
first three years after its implementation. Each report shall include
--
(1) an analysis of the adequacy of the employment verification
system provided under subsection (b) of that section;
(2) a description of the status of the development and
implementation of changes in that system under subsection (d) of
that section, including the results of any demonstration projects
conducted under paragraph (4) of such subsection; and
(3) an analysis of the impact of the enforcement of that
section on --
(A) the employment, wages, and working conditions of United
States workers and on the economy of the United States,
(B) the number of aliens entering the United States illegally
or who fail to maintain legal status after entry, and
(C) the violation of terms and conditions of nonimmigrant visas
by foreign visitors.
SEC. 403. REPORTS ON H-2A PROGRAM.
(a) PRESIDENTIAL REPORTS. -- The President shall transmit to the "8
USC 1186 note" Committees on the Judiciary of the Senate and of the
House of Representatives reports on the implementation of the temporary
agricultural worker (H-2A) program, which shall include --
(1) the number of foreign workers permitted to be employed
under the program in each year;
(2) the compliance of employers and foreign workers with the
terms and conditions of the program;
(3) the impact of the program on the labor needs of the United
States agricultural employers and on the wages and working
conditions of United States agricultural workers; and
(4) recommendations for modifications of the program, including
--
(A) improving the timeliness of decisions regarding admission
of temporary foreign workers under the program,
(B) removing any economic disincentives to hiring United States
citizens or permanent resident aliens for jobs for which temporary
foreign workers have been requested,
(C) improving cooperation among government agencies, employers,
employer associaitons, workers, unions, and other worker
associations to end the dependence of any industry on a constant
supply of temporary foreign workers, and
(D) the relative benefits to domestic workers and burdens upon
employers of a policy which requires employers, as a condition for
certification under the program, to continue to accept qualified
United States workers for employment after the date the H-2A
workers depart for work with the employer.
The recommendations under subparagraph (D) shall be made in
furtherance of the congressional policy that aliens not be admitted
under the H-2A program unless there are not sufficient workers in the
United States who are able, willing, and qualified to perform the labor
or services needed and that the employment of the alien in such labor or
services will not adversely affect the wages and working conditions of
workers in the United States similarly employed.
(b) DEADLINES. -- A report on the H-2A temporary worker program
under subsection (a) shall be submitted not later than two years after
the date of the enactment of this Act, and every two years thereafter.
SEC. 404. REPORTS ON LEGALIZATION PROGRAM. "8 USC 1255a note"
(a) IN GENERAL. -- The President shall transmit to Congress two
reports on the legalization program established under section 245A of
the Immigration and Nationality Act.
(b) INITIAL REPORT DESCRIBING LEGALIZED ALIENS. -- The first report,
which shall be transmitted not later than 18 months after the end of the
application period for adjustment to lawful temporary residence status
under the program, shall include a description of the population whose
status is legalized under the program, including --
(1) geographical origins and manner of entry of these aliens
into the United States,
(2) their demographic characteristics, and
(3) a general profile and characteristics.
(c) SECOND REPORT ON IMPACT OF LEGALIZATION PROGRAM. -- The second
report, which shall be transmitted not later than three years after the
date of transmittal of the first report, shall include a description of
--
(1) the impact of the program on State and local governments
and on public health and medical needs of individuals in the
different regions of the United States,
(2) the patterns of employment of the legalized population, and
(3) the participation of legalized aliens in social service
programs.
SEC. 405. REPORT ON VISA WAIVER PILOT PROGRAM. "8 USC 1187 note"
(a) MONITORING AND REPORT ON THE PILOT PROGRAM. -- The Attorney
General and the Secretary of State shall jointly monitor the pilot
program established under section 217 of the Immigration and Nationality
Act and shall report to the Congress not later than two years after the
beginning of the program.
(b) DETAILS IN REPORT. -- The report shall include --
(1) an evaluation of the program, including its impact --
(A) on the control of alien visitors to the United States,
(B) on consular operations in the countries designated under
the program, as well as on consular operations in other countries
in which additional consular personnel have been relocated as a
result of the implementation of the program, and
(C) on the United States tourism industry; and
(2) recommendations --
(A) on extending the pilot program period, and
(B) on increasing the number of countries that may be
designated under the program.
SEC. 406. REPORT ON IMMIGRATION AND NATURALIZATION SERVICE.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall prepare and transmit to the Congress a report
describing the type of equipment, physical structures, and personnel
resources required to improve the capabilities of the Immigration and
Naturalization Service so that it can adequately carry out services and
enforcement activities, including those required to carry out the
amendments made by this Act.
SEC. 407. SENSE OF THE CONGRESS.
It is the sense of the Congress that the President of the United
States should consult with the President of the Republic of Mexico
within 90 days after enactment of this Act "8 USC 1101 note" regarding
the implementation of this Act and its possible effect on the United
States or Mexico. After the consultation, it is the sense of the
Congress that the President should report to the Congress any
legislative or administrative changes that may be necessary as a result
of the consultation and the enactment of this legislation.
SEC. 501. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING "8 USC
1365" ILLEGAL ALIENS AND CERTAIN CUBAN NATIONALS.
(a) REIMBURSEMENT OF STATES. -- Subject to the amounts provided in
advance in appropriation Acts, the Attorney General shall reimburse a
State for the costs incurred by the State for the imprisonment of any
illegal alien or Cuban national who is convicted of a felony by such
State.
(b) ILLEGAL ALIENS CONVICTED OF A FELONY. -- An illegal alien
referred to in subsection (a) is any alien who is any alien convicted of
a felony who is in the United States unlawfully and --
(1) whose most recent entry into the United States was without
inspection, or
(2) whose most recent admission to the United States was as a
nonimmigrant and --
(A) whose period of authorized stay as a nonimmigrant expired,
or
(B) whose unlawful status was known to the Government, before
the date of the commission of the crime for which the alien is
convicted.
(c) MARIELITO CUBANS CONVICTED OF A FELONY. -- A Marielito Cuban
convicted of a felony referred to in subsection (a) is a national of
Cuba who --
(1) was allowed by the Attorney General to come to the United
States in 1980,
(2) after such arrival committed any violation of State or
local law for which a term of imprisonment was imposed, and
(3) at the time of such arrival and at the time of such
violation was not an alien lawfully admitted to the United States
--
(A) for permanent or temporary residence, or
(B) under the terms of an immigrant visa or a nonimmigrant visa
issued, under the laws of the United States.
(d) AUTHORIZATION OF APPROPRIATION. -- There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section.
(e) STATE DEFINED. -- The term "State" has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality Act (8 U.
S.C. 1101(a)(36)).
SEC. 601. COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION "8 USC
1101 note" AND COOPERATIVE ECONOMIC DEVELOPMENT.
(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION. -- (1) There is
established a Commission for the Study of International Migration and
Cooperative Economic Development (in this section referred to as the
"Commission"), to be composed of twelve members --
(A) three members to be appointed by the Speaker of the House
of Representatives;
(B) three members to be appointed by the Minority Leader of the
House of Representatives;
(C) three members to be appointed by the Majority Leader of the
Senate; and
(D) three members to be appointed by the Minority Leader of the
Senate.
(2) Members shall be appointed for the life of the Commission.
Appointments to the Commission shall be made within 90 days after the
date of the enactment of this Act. A vacancy in the Commission shall be
filled in the manner in which the original appointment was made.
(3) A majority of the members of the Commission shall elect a
Chairman.
(b) DUTY OF COMMISSION. -- The Commission, in consultation with the
governments of Mexico and other sending countries in the Western
Hemisphere, shall examine the conditions in Mexico and such other
sending countries which contribute to unauthorized migration to the
United States and mutually beneficial, reciprocal trade and investment
programs to alleviate such conditions. For purposes of this section,
the term "sending country" means a foreign country a substantial number
of whose nationals migrate to, or remain in, the United States without
authorization.
(c) REPORT TO THE PRESIDENT AND CONGRESS. -- Not later than three
years after the appointment of the members of the Commission, the
Commission shall prepare and transmit to the President and to the
Congress a report describing the results of the Commission's examination
and recommending steps to provide mutually beneficial reciprocal trade
and investment programs to alleviate conditions leading to unauthorized
migration to the United States.
(d) COMPENSATION OF MEMBERS, MEETINGS, STAFF, AUTHORITY OF
COMMISSION, AND AUTHORIZATION OF APPROPRIATIONS. -- (1) The provisions
of subsections (d), (e)(3), (f), (g), and (h) of section 304 shall apply
to the Commission in the same manner as they apply to the Commission
established under section 304.
(2) Seven members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(e) TERMINATION DATE. -- The Commission shall terminate on the date
on which a report is required to be transmitted by subsection (c),
except that the Commission may continue to function for not more than
thirty days thereafter for the purpose of concluding its activities.
SEC. 701. EXPEDITIOUS DEPORTATION OF CONVICTED ALIENS.
Section 242 (8 U.S.C. 1254) "8 USC 1252" is amended by adding at the
end the following new subsection:
"(i) In the case of an alien who is convicted of an offense which
makes the alien subject to deportation, the Attorney General shall begin
any deportation proceeding as expeditiously as possible after the date
of the conviction.".
SEC. 702. IDENTIFICATION OF FACILITIES TO INCARCERATE DEPORTABLE OR
EXCLUDABLE ALIENS.
The President shall require the Secretary of Defense, in cooperation
with the Attorney General and by not later than 60 days after the date
of the enactment of this Act, to provide to the Attorney General a list
of facilities of the Department of Defense that could be made available
to the Bureau of Prisons for use in incarcerating aliens who are subject
to exclusion or deportation from the United States.
Approved November 6, 1986.
LEGISLATIVE HISTORY -- S. 1200 (H.R. 3810):
HOUSE REPORTS: No. 99-682, Pt. 1 (Comm. on the Judiciary), Pt. 2
(Comm. on Education and Labor), Pt. 3 (Comm. on Ways and Means), Pt. 4
(Comm. on Energy and Commerce), and Pt. 5 (Comm. on Agriculture), all
accompanying H.R. 3810.
SENATE REPORTS: No. 99-132 (Comm. on the Judiciary) and No. 99-1000
(Comm. of Conference.
CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 11-13, 16-19,
considered and passed Senate. Vol. 132 (1986): Oct. 9, H.R. 3810
considered and passed House; proceedings vacated and S. 1200, amended,
passed in lieu. Oct. 15, House agreed to conference report. Oct. 17,
Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov.
6, Presidential statement and remarks.
Public Law 99-602, 100 Stat. 3358
Whereas the first Finnish settlers arrived in North America in 1638
and, with other Nordic settlers, established the colony of New Sweden in
what is now the State of Delaware;
Whereas the settlers of New Sweden introduced European civilization
to the Delaware River Valley;
Whereas many of the settlers of New Sweden were either natives of
Finland or natives of Sweden who spoke Finnish;
Whereas, in the 17th century, Nordic communities existed in what are
now the States of Delaware, Pennsylvania, New Jersey, Maryland, and New
York;
Whereas Nordic culture was the 3d most represented culture in the
original 13 colonies during the 17th century;
Whereas some of the ancestors of John Morton, a signatory of the
Declaration of Independence from Pennsylvania, were born in Finland;
Whereas approximately 700,000 Americans of Finnish descent are now
living in the United States;
Whereas the contributions of Americans of Finnish descent to American
history, culture, and technology have been continuous and substantial;
Whereas, in 1938, festivities commemorating the 300th anniversay of
the founding of New Sweden were attended by officials of the Governments
of Finland, Sweden, and the United States;
Whereas the Governor of the State of Delaware has formally invited
the people of Finland to participate in festivities in 1988
commemorating the 350th anniversary of New Sweden; and
Whereas the relationship between the people of Finland and the people
of the United States should be commemorated: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That 1988 is designated the
"National Year of Friendship with Finland", and the President of the
United States is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such year with
appropriate ceremonies and activities.
Approved November 5, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 645:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-601, 100 Stat. 3357
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 203 "12 USC
1709" of the National Housing Act is amended by adding at the end the
following new subsection:
"(q)(1) Notwithstanding any other provision of this section or any
other section of this title, the Secretary may insure and commit to
insure, under subsection (b) as modified by this subsection, any
mortgage secured by property located on land that --
"(A) is within the Allegany Reservation of the Seneca Nation of
New York Indians; and
"(B) is subject to a lease entered into for a term of 99 years
pursuant to the Act of February 19, 1875 (Chapter 90; 18 Stat.
330) and the Act of September 30, 1890 (Chapter 1132; 26 Stat.
558).
"(2) A mortgage shall be eligible for insurance under subsection (b)
as modified by this subsection without regard to limitations in this
title relating to marketability of title or any other statutory
restriction that the Secretary determines is contrary to the purpose of
this subsection.
"(3) The Secretary, in connection with any mortgage insured under
subsection (b) as modified by this subsection, shall have all statutory
powers, authority, and responsibilities that the Secretary has with
respect to other mortgages insured under subsection (b), except that the
Secretary may modify such powers, authority, or responsibilities if the
Secretary determines such action to be necessary because of the special
nature of the mortgage involved.
"(4) Notwithstanding section 202, "12 USC 1708" the insurance of a
mortgage under subsection (b) as modified by this subsection shall be
the obligation of the Special Risk Insurance Fund created in section
238.". "12 USC 1715z-3"
Approved November 5, 1986.
LEGISLATIVE HISTORY -- H.R. 5564:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-600, 100 Stat. 3354
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LANDS HELD IN TRUST FOR PUEBLO OF ZIA.
(a) LANDS HELD IN TRUST. -- All right, title, and interest of the
United States in and to the surface and mineral estates (including oil
and gas) of the following lands described in subsection (b) are hereby
declared to be held by the United States in trust for the benefit and
use of the Pueblo of Zia.
(b) LAND DESCRIPTION. -- The lands referred to in subsection (a) are
approximately 1,840 acres of land under the jurisdiction of the Bureau
of Land Management of the Department of the Interior situated within
Sandoval County, New Mexico, more particularly described as follows:
Southeast quarter of the northeast quarter and the southeast
quarter of Section 24, Township 15 North, Range 1 East, New Mexico
Principal Meridian;
All of Section 25, Township 15 North, Range 1 East, New Mexico
Principal Meridian;
South half of the southwest quarter and the southeast quarter
of Section 26, Township 15 North, Range 1 East, New Mexico
Principal Meridian;
All of Section 35, Township 15 North, Range 1 East, New Mexico
Principal Meridian; and
Lot 1, and the southeast quarter of the northeast quarter, and
the northeast quarter of the southeast quarter of section 3,
Township 14 North, Range 1 East, New Mexico Principal Meridian.
SEC. 2. ADMINISTRATION OF LANDS HELD IN TRUST FOR PUEBLO OF ZIA.
(a) IN GENERAL. -- Upon enactment of this Act and subject to the
other provisions of this Act, the lands described in section 1 shall be
administered in accordance with the laws generally applicable to
property held in trust by the United States for Indian tribes.
(b) GROSS RECEIPTS FROM LANDS HELD IN TRUST. -- All gross receipts
(including, but not limited to, bonuses, rents, and royalties) which --
(1) are derived by the United States from any contract, permit,
or lease relating to the surface or mineral estate in the lands
described in section 1, and
(2) are received by the United States after the date of
enactment of this Act,
shall be administered in accordance with the laws generally applicable
to receipts from property held in trust by the United States for Indian
tribes.
SEC. 3. APPLICATIONS FOR MINERAL LEASES.
Notwithstanding any other provision of law, all applications for
mineral leases involving the lands described in section 1, including oil
and gas leases, pending on the date of enactment of this Act shall be
rejected and the advance rental payments returned to the applicants.
SEC. 4. CERTAIN RIGHTS WITH RESPECT TO LANDS HELD IN TRUST FOR
PUEBLO OF ZIA.
(a) VALID EXISTING RIGHTS. -- Nothing in this Act shall deprive any
person (other than the United States) of any lease, right-of-way, mining
claim, grazing permit, water right, or other right or interest which
such person may have in the surface of mineral estate of any lands
described in section 1 on the day before the date of enactment of this
Act.
(b) WATER RIGHTS. -- The water rights appurtenant to the lands
described in section 1 shall be those water rights that are appurtenant
to such lands under State law on the day before the date of enactment of
this Act. Nothing in this Act shall be construed to create or affect
any water rights other than those that are appurtenant to such lands
under State law on the day before the date of enactment of this Act.
(c) RIGHT-OF-WAY FOR 115-KV TRANSMISSION LINE. -- (1) Nothing in
this Act shall affect the right-of-way over any lands described in
section 1 for a 115-KV transmission line by Plains Electric Generation
and Transmission Cooperative, Inc., granted by the Bureau of Land
Management of the Department of the Interior on April 18, 1961, and
bearing identification number NM0149992.
(2) Plains Electric Generation and Transmission Cooperative, Inc.,
and its successors and assigns, shall be permitted to renew the
right-of-way described in paragraph (1) under rules and regulations of
the Secretary to the same extent and in the same manner that such permit
could have been renewed if this Act had not been enacted.
(3) No charge, fee, or tax may be imposed by the Pueblo of Zia on any
lands, facilities, activities, or revenues in connection with the
right-of-way described in paragraph (1), except for fees charged with
respect to any renewed right-of-way described in paragraph (2).
(d) OIL AND GAS LEASES. -- (1) Nothing in this Act shall affect --
(A) the oil and gas lease issued on May 1, 1983, by the United
States to Yates Petroleum Corporation, bearing Serial No. NM
55801,
(B) the oil and gas lease issued December 1, 1977, by the
United States to Merle C. Chambers, Denver, Colorado, bearing
Serial No. NM 31557,
(C) any other oil or gas leases that were valid and existing on
the day before the date of enactment of this Act,
(D) any right, term, condition, and covenant (both express and
implied) granted under any oil or gas lease referred to in
subparagraph (A), (B), or (C), and
(E) reasonable access (including, but not limited to, rights of
ingress and egress) across lands described in section 1 or which
are otherwise owned by or under the control of the Pueblo of Zia
insofar as it may be necessary to cross such lands in order to
reach lands subject to any oil or gas lease referred to in
subparagraph (A), (B), or (C).
(2) Subject to valid existing rights, the leases described in
subsection 4(d)(1) shall be administered under rules and regulations of
the Secretary to the same extent and in the same manner that such leases
would be administered if this Act had not been enacted.
Approved November 5, 1986.
LEGISLATIVE HISTORY -- H.R. 5167:
HOUSE REPORTS: No. 99-819 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and
passed House. Oct. 16, considered and passed Senate, amended; House
concurred in Senate amendments.
Public Law 99-599, 100 Stat. 3353
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the General
Services Administration building commonly known as the Old Post Office,
located at 595 Main Street, Worcester, Massachusetts, shall hereafter be
known and designated as the "Harold D. Donohue Federal Building". Any
reference in any law, map, regulation, document, record, or other paper
of the United States to such building shall be deemed to be reference to
the "Harold D. Donohue Federal Building".
Approved November 5, 1986.
LEGISLATIVE HISTORY -- H.R. 4118:
HOUSE REPORTS: No. 99-881 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed
House. Oct. 18, considered and passed Senate.
Public Law 99-598, 100 Stat. 3351
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2409a of
title 28, United States Code, is amended --
(1) by redesignating subsection (g) as subsection (n);
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(3) by inserting after subsection (b) the following new
subsection:
"(c) No preliminary injunction shall issue in any action brought
under this section.";
(4) in subsection (g), as redesignated by paragraph (2), by
inserting ", except for an action brought by a State," after "this
section"; and
(5) by inserting after subsection (g), as so redesignated, the
following:
"(h) No civil action may be maintained under this section by a State
with respect to defense facilities (including land) of the United States
so long as the lands at issue are being used or required by the United
States for national defense purposes as determined by the head of the
Federal agency with jurisdiction over the lands involved, if it is
determined that the State action was brought more than twelve years
after the State knew or should have known of the claims of the United
States. Upon cessation of such use or requirement, the State may
dispute title to such lands pursuant to the provisions of this section.
The decision of the head of the Federal agency is not subject to
judicial review.
"(i) Any civil action brought by a State under this section with
respect to lands, other than tide or submerged lands, on which the
United States or its lessee or right-of-way or easement grantee has made
substantial improvements or substantial investments or on which the
United States has conducted substantial activities pursuant to a
management plan such as range improvement, timber harvest, tree
planting, mineral activities, farming, wildlife habitat improvement, or
other similar activities, shall be barred unless the action is commenced
within twelve years after the date the State received notice of the
Federal claims to the lands.
"(j) If a final determination in an action brought by a State under
this section involving submerged or tide lands on which the United
States or its lessee or right-of-way or easement grantee has made
substantial improvements or substantial investments is adverse to the
United States and it is determined that the State's action was brought
more than twelve years after the State received notice of the Federal
claim to the lands, the State shall take title to the lands subject to
any existing lease, easement, or right-of-way. Any compensation due
with respect to such lease, easement, or right-of-way shall be
determined under existing law.
"(k) Notice for the purposes of the accrual of an action brought by a
State under this section shall be --
"(1) by public communications with respect to the claimed lands
which are sufficiently specific as to be reasonably calculated to
put the claimant on notice of the Federal claim to the lands, or
"(2) by the use, occupancy, or improvement of the claimed lands
which, in the circumstances, is open and notorious.
"(l) For purposes of this section, the term 'tide or submerged lands'
means 'lands beneath navigable waters' as defined in section 2 of the
Submerged Lands Act (43 U.S.C. 1301).
"(m) Not less than one hundred and eighty days before bringing any
action under this section, a State shall notify the head of the Federal
agency with jurisdiction over the lands in question of the State's
intention to file suit, the basis therefor, and a description of the
lands included in the suit.".
Approved November 4, 1986.
LEGISLATIVE HISTORY -- H.R. 2484:
HOUSE REPORTS: No. 99-924 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 30, considered and
passed House. Oct. 16, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov.
4, Presidential statement.
Public Law 99-597, 100 Stat. 3350
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President is
authorized to promote posthumously to the grade of colonel the late
Lieutenant Colonel Ellison S. Onizuka, United States Air Force, who died
on January 28, 1986, while serving as a crew member on the space shuttle
Challenger.
SEC. 2. No increase in compensation or benefits based on the
military service of the late Lieutenant Colonel Ellison S. Onizuka shall
result from a posthumous promotion authorized under the first section of
this Act.
Approved November 3, 1986.
LEGISLATIVE HISTORY -- S. 2948:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and
passed Senate. Oct. 18, considered and passed House.
Public Law 99-596, 100 Stat. 3349
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LAND CONVEYANCE, CECIL COUNTY, MARYLAND.
(a) AUTHORITY TO SELL. -- Subject to subsections (b) through (f),
the Secretary of the Navy may dispose of the real property (and
improvements thereon) constituting the former Naval Training Center,
Bainbridge, Cecil County, Maryland, by sale to private parties or
transfer to other government agencies upon such terms and conditions as
the Secretary determines to be in the public interest.
(b) COMPETITIVE BIDDING REQUIREMENT. -- The sale described in
subsection (a) shall be conducted in accordance with competitive bidding
procedures prescribed in section 2304 of title 10, United States Code.
In no event may the property described in subsection (a) be sold for
less than the fair market value thereof.
(c) PROPERTY RESTORATION. -- Before any sale, the Secretary shall,
using any funds available for such purpose, restore such property to a
condition that meets all applicable Federal and State of Maryland
environmental protection regulations.
(d) USE OF FUNDS. -- Upon the sale of the property, the proceeds
from the sale shall be used to reimburse the source from which funds
were provided for property restoration under subsection (c).
(e) LEGAL DESCRIPTION OF LAND. -- The exact acreage and legal
description of the property sold or exchanged under this section shall
be in accordance with surveys that are satisfactory to the Secretary.
(f) ADDITIONAL TERMS. -- The Secretary may require such additional
terms and conditions under this section as the Secretary considers
appropriate to protect the interests of the United States.
Approved November 3, 1986.
LEGISLATIVE HISTORY -- H.R. 5682:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-595, 100 Stat. 3348
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3306(c)(
1)(B) "26 USC 3306" of the Internal Revenue Code of 1954 is amended by
striking out "before January 1, 1988," and inserting in lieu thereof
"before January 1, 1993,".
Approved October 31, 1986.
LEGISLATIVE HISTORY -- H.R. 5679:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 9, 10, considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-594, 100 Stat. 3347
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding
section 1431(a) of Public Law 99-198 (99 Stat. 1556), there are
authorized to be appropriated beginning in the fiscal year ending
September 30, 1987, such sums as may be necessary for the planning,
construction, and acquisition, by the Secretary of Agriculture acting
through the Agricultural Research Service, of buildings and equipment to
establish a salinity laboratory to be located at Riverside, California.
Moneys appropriated under this Act shall remain available without fiscal
year limitation.
Approved October 31, 1986.
LEGISLATIVE HISTORY -- H.R. 5215:
HOUSE REPORTS: No. 99-966 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol 132 (1986): Oct. 6, , considered and
passed House. Oct. 18, considered and passed Senate.
Public Law 99-593, 100 Stat. 3346
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building known
as the United States Attorney's Building for the Southern District of
New York, located at One St. Andrew's Plaza, New York, New York, shall
hereafter be known and designated as the "Silvio James Mollo Federal
Building". Any reference in any law, map, regulation, document, record,
or other paper of the United States to such building shall be deemed to
be a reference to the "Silvio James Mollo Federal Building".
Approved October 31, 1986.
LEGISLATIVE HISTORY -- H.R. 4576:
HOUSE REPORTS: No. 99-885 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed
House. Oct. 18, considered and passed Senate.
Public Law 99-592, 100 Stat. 3342
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "29 USC 621 note" SHORT TITLE.
This Act may be cited as the "Age Discrimination in Employment
Amendments of 1986".
SEC. 2. AMENDMENTS RELATING TO MAXIMUM AGE.
(a) COVERAGE UNDER GROUP HEALTH PLANS. -- Subsection (g)(1) of
section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.
C. 623(g)(1)), as added by section 116(a) of the Tax Equity and Fiscal
Responsibility Act of 1982, is amended by striking out "through 69" each
place it appears and inserting in lieu thereof "or older".
(b) TECHNICAL AMENDMENT. -- Subsection (g) of section 4 of the Age
Discrimination in Employment Act of 1967, as added by section 802(b)(2)
of the Older Americans Act Amendments of 1984, is amended by striking
out "(g)(1)" and inserting in lieu thereof "(h)(1)".
(c) REMOVAL OF MAXIMUM AGE LIMITATION. -- Section 12 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 631) is amended --
(1) in subsection (a) by striking out "but less than seventy
years of age", and
(2) in subsection (c)(1) by striking out "but not seventy years
of age,".
SEC. 3. EMPLOYMENT AS FIREFIGHTER OR LAW ENFORCEMENT OFFICER.
(a) GENERAL RULE. -- Section 4 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623) is amended by adding at the end
thereof the following new subsection:
"(i) It shall not be unlawful for an employer which is a State, a
political subdivision of a State, an agency or instrumentality of a
State or a political subdivision of a State, or an interstate agency to
fail or refuse to hire or to discharge any individual because of such
individual's age if such action is taken --
"(1) with respect to the employment of an individual as a
firefighter or as a law enforcement officer and the individual has
attained the age of hiring or retirement in effect under
applicable State or local law on March 3, 1983, and
"(2) pursuant to a bona fide hiring or retirement plan that is
not a subterfuge to evade the purposes of this Act.".
(b) TERMINATION PROVISION. -- The amendment made by subsection (a)
of this section "29 USC 623 and note" is repealed December 31, 1993.
SEC. 4. DEFINITIONS.
Section 11 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 630) is amended by adding at the end thereof the following new
subsections:
"(j) The term 'firefighter' means an employee, the duties of whose
position are primarily to perform work directly connected with the
control and extinguishment of fires or the maintenance and use of
firefighting apparatus and equipment, including an employee engaged in
this activity who is transferred to a supervisory or administrative
position.
"(k) The term 'law enforcement officer' means an employee, the duties
of whose position are primarily the investigation, apprehension, or
detention of individuals suspected or convicted of offenses against the
criminal laws of a State, including an employee engaged in this activity
who is transferred to a supervisory or administrative position. For the
purpose of this subsection, 'detention' includes the duties of employees
assigned to guard individuals incarcerated in any penal institution.".
SEC. 5. "29 USC 622 note" STUDY AND PROPOSED GUIDELINES RELATING TO
POLICE OFFICERS AND FIREFIGHTERS.
(a) STUDY. -- Not later than 4 years after the date of enactment of
this Act, the Secretary of Labor and the Equal Employment Opportunity
Commission, jointly, shall --
(1) conduct a study --
(A) to determine whether physical and mental fitness tests are
valid measurements of the ability and competency of police
officers and firefighters to perform the requirements of their
jobs,
(B) if such tests are found to be valid measurements of such
ability and competency, to determine which particular types of
tests most effectively measure such ability and competency, and
(C) to develop recommendations with respect to specific
standards that such tests, and the administration of such tests
should satisfy, and
(2) submit a report to the Speaker of the House of
Representatives and the President pro tempore of the Senate that
includes --
(A) a description of the results of such study, and
(B) a statement of the recommendations developed under
paragraph (1)(C).
(b) CONSULTATION REQUIREMENT. -- The Secretary of Labor and the
Equal Employment Opportunity Commission shall, during the conduct of the
study required under subsection (a) and prior to the development of
recommendations under paragraph (1)(C), consult with the United States
Fire Administration, the Federal Emergency Management Agency,
organizations representing law enforcement officers, firefighters, and
their employers, and organizations representing older Americans.
(c) PROPOSED GUIDELINES. -- Not later than 5 years after the date of
the enactment of this Act, the Equal Employment Opportunity Commission
shall propose, in accordance with subchapter II of chapter 5 of title 5
of the United States Code, "5 USC 551" guidelines for the administration
and use of physical and mental fitness tests to measure the ability and
competency of police officers and firefighters to perform the
requirements of their jobs.
SEC. 6. SPECIAL RULE FOR TENURED FACULTY.
(a) SPECIAL RULE. -- Section 12 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631) is amended by adding at the end
thereof the following new subsection:
"(d) Nothing in this Act shall be construed to prohibit compulsory
retirement of any employee who has attained 70 years of age, and who is
serving under a contract of unlimited tenure (or similar arrangement
providing for unlimited tenure) at an institution of higher education
(as defined by section 1201(a) of the Higher Education Act of 1965).".
"20 USC 1141"
(b) TERMINATION PROVISION. -- The amendment made by subsection (a)
of this section "29 USC 631 and note" is repealed December 31, 1993.
(c) STUDY REQUIRED. -- (1) The Equal Employment Opportunity
Commission shall, not later than 12 months after the date of enactment
of this Act, "29 USC 624 note" enter into an agreement with the National
Academy of Sciences for the conduct of a study to analyze the potential
consequences of the elimination of mandatory retirement on institutions
of higher education.
(2) The study required by paragraph (1) of this subsection shall be
conducted under the general supervision of the National Academy of
Sciences by a study panel composed of 9 members. The study panel shall
consist of --
(A) 4 members who shall be administrators at institutions of
higher education selected by the National Academy of Sciences
after consultation with the American Council of Education, the
Association of American Universities, and the National Association
of State Universities and Land Grant Colleges;
(B) 4 members who shall be teachers or retired teachers at
institutions of higher education (who do not serve in an
administrative capacity at such institutions), selected by the
National Academy of Sciences after consultation with the American
Federation of Teachers, the National Education Association, the
American Association of University Professors, and the American
Association of Retired Persons; and
(C) one member selected by the National Academy of Sciences.
(3) The results of the study shall be reported, with recommendations,
to the President and to the Congress not later than 5 years after the
date of enactment of this Act.
(4) The expenses of the study required by this subsection shall be
paid from funds available to the Equal Employment Opportunity
Commission.
SEC. 7. "29 USC 623 note" EFFECTIVE DATE; APPLICATION OF
AMENDMENTS.
(a) IN GENERAL. -- Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on January 1,
1987, except that with respect to any employee who is subject to a
collective-bargaining agreement --
(1) which is in effect on June 30, 1986,
(2) which terminates after January 1, 1987,
(3) any provision of which was entered into by a labor
organization (as defined by section 6(d)(4) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
(4) which contains any provision that would be superseded by
such amendments, but for the operation of this section, such
amendments shall not apply until the termination of such
collective bargaining agreement or January 1, 1990, whichever
occurs first.
(b) EFFECT ON EXISTING CAUSES OF ACTION. -- The amendments made by
sections 3 and 4 of this Act shall not apply with respect to any cause
of action arising under the Age Discrimination in Employment Act of 1967
"29 USC 621 note" as in effect before January 1, 1987.
Approved October 31, 1986.
LEGISLATIVE HISTORY -- H.R. 4154:
HOUSE REPORTS: No. 99-756 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and
passed House. Oct. 16, considered and passed Senate, amended. Oct. 17,
House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov.
1, Presidential statement.
Public Law 99-591, 100 Stat. 3341
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds for the several departments, agencies, corporations,
and other organizational units of the Government for the fiscal year
1987, and for other purposes, namely:
SEC. 101. (a) Such amounts as may be necessary for programs,
projects or activities provided for in the Agriculture, Rural
Development, and Related Agencies Appropriations Act, 1987, at a rate of
operations and to the extent and in the manner provided as follows, to
be effective as if it had been enacted into law as the regular
appropriations Act:
For necessary expenses of the Office of the Secretary of Agriculture,
including not to exceed $75,000 for employment under 5 U. S.C. 3109,
$1,623,000: Provided, That not to exceed $8,000 of this amount shall be
available for official reception and representation expenses, not
otherwise provided for, as determined by the Secretary.
For necessary expenses of the Office of the Assistant Secretary for
Administration to carry out the programs funded in this Act, $455,000.
For payment of space rental and related costs pursuant to Public Law
92-313 for programs and activities of the Department of Agriculture
which are included in this Act, $48,728,000: Provided, That in the
event an agency within the Department of Agriculture should require
modification of space needs, the Secretary of Agriculture may transfer a
share of that agency's appropriation made available by this Act to this
appropriation, or may transfer a share of this appropriation to that
agency's appropriation, but such transfers shall not exceed 10 per
centum of the funds made available for space rental and related costs to
or from this account.
For the operation, maintenance, and repair of the Washington, D.C.
Agriculture building complex pursuant to the delegation of authority
from the Administrator of General Services authorized by 40 U.S.C. 486,
$18,039,000.
For necessary expenses for activities of Advisory Committees of the
Department of Agriculture which are included in this Act, $1,308,000:
Provided, That no other funds in this Act shall be available to the
Department of Agriculture for support of activities of Advisory
Committees.
For Budget and Program Analysis, $3,611,000; for Personnel, Finance
and Management, Operations, Information Resources Management, Advocacy
and Enterprise, and Administrative Law Judges and Judicial Officer,
$17,616,000; making a total of $21,227,000 for Departmental
Administration to provide for necessary expenses for management support
services to offices of the Department of Agriculture and for general
administration and emergency preparedness of the Department of
Agriculture, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the Department of Agriculture, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is
for employment under 5 U.S.C. 3109: Provided, That this appropriation
shall be reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as required by 5 U.
S.C. 551-558.
An amount of $5,708,000 is hereby appropriated to the Departmental
Working Capital Fund to increase the Government's equity in this fund
and to provide for the purchase of automated data processing, data
communication, and other related equipment necessary for the provision
of Departmental centralized services to the agencies.
For necessary expenses of the Office of the Assistant Secretary for
Governmental and Public Affairs to carry out the programs funded in this
Act, $318,000.
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, and for the
dissemination of agricultural information and the coordination of
information, work and programs authorized by Congress in the Department,
$7,293,000, of which not to exceed $10,000 shall be available for
employment under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used
for farmers' bulletins and not fewer than two hundred thirty-two
thousand two hundred and fifty copies for the use of the Senate and
House of Representatives of part 2 of the annual report of the Secretary
(known as the Yearbook of Agriculture) as authorized by 44 U.S.C. 1301:
Provided, That in the preparation of motion pictures or exhibits by the
Department, this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225).
For necessary expenses for liaison with the Congress on legislative
matters, $465,000.
For necessary expenses for programs involving intergovernmental
affairs and liaison within the executive branch, $440,000.
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), $44,461,000, including such
sums as may be necessary for contracting and other arrangements with
public agencies and private persons pursuant to section 6(a)(8) of the
Inspector General Act of 1978 (Public Law 95-452), and including a sum
not to exceed $50,000 for employment under 5 U.S.C. 3109; and including
a sum not to exceed $75,000 for certain confidential operational
expenses including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section of 1337 of Public Law 97-98.
For necessary expenses of the Office of the General Counsel,
$17,131,000.
For necessary expenses of the Office of the Assistant Secretary for
Economics to carry out the programs funded in this Act, $448,000.
For necessary expenses of the Economic Research Service in conducting
economic research and service relating to agricultural production,
marketing, and distribution, as authorized by the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-,627), and other laws, including economics of
marketing; analyses relating to farm prices, income and population, and
demand for farm products, use of resources in agriculture, adjustments,
costs and returns in farming, and farm finance; research relating to
the economic and marketing aspects of farmer cooperatives; and for
analyses of supply and demand for farm products in foreign countries and
their effect on prospects for United States exports, progress in
economic development and its relation to sales of farm products,
assembly and analysis of agricultural trade statistics and analysis of
international financial and monetary programs and policies as they
affect the competitive position of United States farm products,
$43,982,000; of which not less than $200,000 shall be available for
investigation, determination and finding as to the effect upon the
production of food and upon the agricultural economy of any proposed
action affecting such subject matter pending before the Administrator of
the Environmental Protection Agency for presentation, in the public
interest, before said Administrator, other agencies or before the
courts: Provided, That not less than $350,000 of the funds contained in
this appropriation shall be available to continue to gather statistics
and conduct a special study on the price spread between the farmer and
the consumer: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225): Provided further,
That not less than $145,000 of the funds contained in this appropriation
shall be available for analysis of statistics and related facts on
foreign production and full and complete information on methods used by
other countries to move farm commodities in world trade on a competitive
basis.
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
and marketing surveys, as authorized by the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621-1627) and other laws, $56,787,000: Provided,
That, hereafter, no funds available to the Department of Agriculture
shall be available to publish estimates of apple production for other
than the commercial crop: Provided further, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $40,000 shall be available for employment under 5 U. S.C. 3109.
For necessary expenses of the World Agricultural Outlook Board to
coordinate and review all commodity and aggregate agricultural and food
data used to develop outlook and situation material within the
Department of Agriculture, as authorized by the Agricultural Marketing
Act of 1946 (7 U.S.C. 1622g), $1,608,000: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
For necessary salaries and expenses of the Office of the Assistant
Secretary for Science and Education to administer the laws enacted by
the Congress for the Agricultural Research Service, Cooperative State
Research Service, Extension Service, and National Agricultural Library,
$350,000.
For necessary expenses to enable the Agricultural Research Service to
perform agricultural research and demonstration relating to production,
utilization, marketing, and distribution (not otherwise provided for),
home economics or nutrition and consumer use, and for acquisition of
lands by donation, exchange, or purchase at a nominal cost not to exceed
$100, $497,664,000: Provided, That appropriations hereunder shall be
available for temporary employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That funds appropriated herein can be used to provide
financial assistance to the organizers of national and international
conferences, if such conferences are in support of agency programs:
Provided further, That appropriations hereunder shall be available for
the operation and maintenance of aircraft and the purchase of not to
exceed one for replacement only: Provided further, That uniform
allowances for each uniformed employee of the Agricultural Research
Service shall not be in excess of $400 annually: Provided further, That
of the appropriations hereunder not less than $10,526,600 shall be
available to conduct marketing research: Provided further, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided the cost of constructing any
one building shall not exceed $150,000, except for headhouses connecting
greenhouses which shall each be limited to $500,000, and except for ten
buildings to be constructed or improved at a cost not to exceed $275,000
each, and the cost of altering any one building during the fiscal year
shall not exceed 10 per centum of the current replacement value of the
building or $150,000 whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not apply to a
total of $250,000 for facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That the limitation on purchase of land shall
not apply to the purchase of land at Fresno, California, or to an option
to purchase land at Florence, South Carolina, for a term of not to
exceed one year: Provided further, That not to exceed $190,000 of this
appropriation may be transferred to and merged with the appropriation
for the Office of the Assistant Secretary for Science and Education for
the scientific review of international issues involving agricultural
chemicals and food additives: Provided further, That this appropriation
shall be available for transfer of all necessary equipment and germplasm
to fully equip the National Small Grains Germplasm Facility in Aberdeen,
Idaho.
Special fund: To provide for additional labor, subprofessional, and
junior scientific help to be employed under contracts and cooperative
agreements to strengthen the work at Federal research installations in
the field, $2,000,000.
For acquisition of land, construction, repair, improvement extension,
alteration, and purchase of fixed equipment or facilities and for grants
to States and other eligible recipients for such purposes, as necessary
to carry out the agricultural research, extension and teaching programs
of the Department of Agriculture, where not otherwise provided,
$37,400,000: Provided, That these funds may be transferred to such
other accounts in this Act as may be appropriate to carry out these
purposes: Provided further, That facilities to house Bonsai collections
at the National Arboretum may be constructed with funds accepted under
the provisions of Public Law 94-129 (20 U.S.C. 195) and the limitation
on construction contained in the Act of August 24, 1912 (40 U.S.C. 68)
shall not apply to the construction of such facilities.
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $148,792,000 to carry into effect the provisions of the Hatch
Act approved March 2, 1887, as amended by the Act approved August 11,
1955 (7 U.S.C. 361a-361i), and further amended by Public Law 92-318
approved June 23, 1972, and further amended by Public Law 93-471
approved October 26, 1974, including administration by the United States
Department of Agriculture, and penalty mail costs of agricultural
experiment stations under section 6 of the Hatch Act of 1887, as
amended, and payments under section 1361(c) of the Act of October 3,
1980 (7 U.S.C. 301n.); $12,412,000 for grants for cooperative forestry
research under the Act approved October 10, 1962 (16 U.S.C. 582a --
582a-7), as amended by Public Law 92-318 approved June 23, 1972,
including administrative expenses, and payments under section 1361(c) of
the Act of October 3, 1980 (7 U.S.C. 301n); $22,320,000 for payments to
the 1890 land-grant colleges, including Tuskegee University, for
research under section 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (Public Law 95-113), as
amended, including administration by the United States Department of
Agriculture, and penalty mail costs of the 1890 land-grant colleges,
including Tuskegee University; $28,037,000 for contracts and grants for
agricultural research under the Act of August 4, 1965, as amended (7
U.S.C. 450i); $40,651,000 for competitive research grants, including
administrative expenses; $5,476,000 for the support of animal health
and disease programs authorized by section 1433 of Public Law 95-113,
including administrative expenses; $20,368,000 for grants for research
and for construction of facilities to conduct research pursuant to the
Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section
1472 of the Food and Agriculture Act of 1977, as amended (7 U.S.C.
3318), to remain available until expended; $475,000 for rangeland
research grants as authorized by subtitle M of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977, as amended;
$9,508,000 for grants to upgrade 1890 land-grant college research
facilities as authorized by section 1433 of Public Law 97-98, as
amended, to remain available until expended; $4,754,000 for higher
education strengthening grants under section 1417(a) of Public Law
95-113, as amended (7 U.S.C. 3152 (a)); $3,000,000 for grants as
authorized by section 1475 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977; $2,000,000 for grants as
authorized by section 1411 of Public Law 99-198, to remain available
until expended; and $2,630,000 for necessary expenses of Cooperative
State Research Service activities, including coordination and program
leadership for higher education work of the Department, administration
of payments to State agricultural experiment stations, funds for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for
employment under 5 U.S.C. 3109; in all, $300,573,000.
Payments to States, Puerto Rico, Guam, the Virgin Islands,
Micronesia, and American Samoa: For payments for cooperative
agricultural extension work under the Smith-Lever Act, as amended by the
Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5,
1962 (7 U.S.C. 341-349), section 506 of the Act of June 23, 1972, and
the Act of September 29, 1977 (7 U.S.C. 341-349), as amended, and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301n.), to be
distributed under sections 3(b) and 3(c) of said Act, for retirement and
employees' compensation costs for extension agents and for costs of
penalty mail for cooperative extension agents and State extension
directors, $229,713,000; payments for the nutrition and family
education program for low-income areas under section 3(d) of the Act,
$57,635,000, of which $38,627,000 shall be derived by transfer from the
appropriation "Food Stamp Program" and merged with this appropriation;
payments for the urban gardening program under section 3(d) of the Act,
$3,329,000; payments for the pest management program under section 3(
d) of the Act $7,164,000; payments for the farm safety program under
section 3(d) of the Act, $970,000; payments for the pesticide impact
assessment program under section 3(d) of the Act, $1,633,000; payments
for a financial management assistance program under section 3(d) of the
Act and section 1440 of Public Law 99-198, $3,277,000; payments for an
integrated reproductive management program under section 3(d) of the
Act, $47,000; payments for the rural development centers under section
3(d) of the Act, $689,000; payments for extension work under section
209(c) of Public Law 93-471, $935,000; payments for carrying out the
provisions of the Renewable Resource Extension Act of 1978, $2,378,000;
for special grants for financially stressed farmers and dislocated
farmers as authorized by section 1440 of Public Law 99-198, $1,500,000;
payments for extension work by the colleges receiving the benefits of
the second Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee University,
$16,877,000; in all, $326,147,000; of which not less than $79,400,000
is for Home Economics: Provided, That funds hereby appropriated
pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of
the Act of June 23, 1972, as amended, shall not be paid to any State,
Puerto Rico, Guam, or the Virgin Islands, Micronesia, and American Samoa
prior to availability of an equal sum from non-Federal sources for
expenditure during the current fiscal year.
Federal administration and coordination: For administration of the
Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of
August 11, 1955, the Act of October 5, 1962, section 506 of the Act of
June 23, 1972, section 209(d) of Public Law 93-471, and the Act of
September 29, 1977 (7 U.S.C. 341-349), as amended, and section 1361(c)
of the Act of October 3, 1980 (7 U.S.C. 301n.), and to coordinate and
provide program leadership for the extension work of the Department and
the several States and insular possessions, $6,025,000; of which not
less than $2,300,000 is for Home Economics.
For necessary expenses of the National Agricultural Library,
$10,936,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
not to exceed $575,000 shall be available pursuant to 7 U.S.C. 2250 for
the alteration and repair of buildings and improvements.
For necessary salaries and expenses of the Office of the Assistant
Secretary for Marketing and Inspection Services to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, Food Safety and Inspection Service, Federal Grain
Inspection Service, Agricultural Cooperative Service, Agricultural
Marketing Service (including Office of Transportation) and Packers and
Stockyards Administration, $327,000.
For expenses, not otherwise provided for, including those pursuant to
the Act of February 28, 1947, as amended (21 U.S.C. 114b-c), necessary
to prevent, control, and eradicate pests and plant and animal diseases;
to carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Act
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect
the environment, as authorized by law, $300,967,000; of which
$10,000,000 shall be available for the control of outbreaks of insects,
plant diseases and animal diseases to the extent necessary to meet
emergency conditions: Provided, That $1,000,000 of the funds for
control of the fire ant shall be placed in reserve for matching purposes
with States which may come into the program: Provided further, That no
funds shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 per centum: Provided further,
That this appropriation shall be available for field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $40,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed two, of which one shall be
for replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of the
Department such sums as he may deem necessary, to be available only in
such emergencies for the arrest and eradication of contagious or
infectious diseases or pests of animals, poultry, or plants, and for
expenses in accordance with the Act of February 28, 1947, as amended,
and section 102 of the Act of September 21, 1944, as amended, and any
unexpended balances of funds transferred for such emergency purposes in
the next preceding fiscal year shall be merged with such transferred
amounts.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized by 7 U.S.
C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$2,246,000.
For necessary expenses to carry on services authorized by the Federal
Meat Inspection Act, as amended, and the Poultry Products Inspection
Act, as amended, $361,400,000: Provided, That this appropriation shall
be available for field employment pursuant to section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C. 2250)
for the alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall not
exceed 10 per centum of the current replacement value of the building.
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, as amended, and the standardization
activities related to grain under the Agricultural Marketing Act of
1946, as amended, including field employment pursuant to section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $20,000
for employment under 5 U.S.C. 3109, $6,697.000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but, unless
otherwise provided, the cost of altering any one building during the
fiscal year shall not exceed 10 per centum of the current replacement
value of the building: Provided further, That none of the funds
provided by this Act may be used to pay the salaries of any person or
persons who require, or who authorize payments from fee-supported funds
to any person or persons who require, nonexport, nonterminal interior
elevators to maintain records not involving official inspection or
official weighing in the United States under Public Law 94-5282 other
than those necessary to fulfill the purposes of such Act.
Not to exceed $36,829,000 (from fees collected) shall be obligated
during the current fiscal year for Inspection and Weighing Services.
For necessary expenses to carry out the Cooperative Marketing Act of
July 2, 1926 (7 U.S.C. 451-457), and for activities relating to the
marketing aspects of cooperatives, including economic research and
analysis and the application of economic research findings, as
authorized by the Agricultural Marketing Act of 1946 (7 U.S.C.
1621-1627), and for activities with institutions or organizations
throughout the world concerning the development and operation of
agricultural cooperatives (7 U.S.C. 3291), $4,469,000; of which $99,000
shall be available for a field office in Hawaii: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $15,000 shall be available for employment under 5
U.S.C. 3109.
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution and regulatory
programs as authorized by law, and for administration and coordination
of payments to States; including field employment pursuant to section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$70,000 for employment under 5 U.S.C. 3109, $30,945,000; of which not
less than $1,501,000 shall be available for the Wholesale Market
Development Program for the design and development of wholesale and
farmer market facilities for the major metropolitan areas of the
country: Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but, unless otherwise provided, the cost of altering any
one building during the fiscal year shall not exceed 10 per centum of
the current replacement value of the building.
Not to exceed $28,164,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses.
Funds available under section 32 of the Act of August 24, ,935 (7 U.
S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $7,147,000 for formulation and
administration of Marketing Agreements and Orders pursuant to the
Agricultural Marketing Agreement Act of 1937, as amended, and the
Agricultural Act of 1961.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$942,000.
For necessary expenses to carry on services related to agricultural
transportation programs as authorized by law; including field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $20,000 for employment under 5 U.S.C.
3109, $2,340,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but unless otherwise provided, the cost of
altering any one building during the fiscal year shall not exceed 10 per
centum of the current replacement value of the building.
For necessary expenses for administration of the Packers and
Stockyards Act, as authorized by law, and for certifying procedures used
to protect purchasers of farm products, including field employment
pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $5,000 for employment under 5 U.S.C. 3109, $8,945,000.
For necessary salaries and expenses of the Office of the Under
Secretary for International Affairs and Commodity Programs to administer
the laws enacted by Congress for the Agricultural Stabilization and
Conservation Service, Office of International Cooperation and
Development, Foreign Agricultural Service, and the Commodity Credit
Corporation, $473,000.
For necessary administrative expenses of the Agricultural
Stabilization and Conservation Service, including expenses to formulate
and carry out programs authorized by title III of the Agricultural
Adjustment Act of 1938, as amended (7 U.S.C. 1301-1392); the
Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections
7 to 15, 16(a), 16(f), and 17 of the Soil Conservation and Domestic
Allotment Act, as amended and supplemented (16 U.S.C. 590g-590o, 590p(
a), 590p(f), and 590q); sections 1001 to 1004, 1006 to 1008, and 1010
of the Agricultural Act of 1970 as added by the Agriculture and Consumer
Protection Act of 1973 (16 U.S.C. 1501 to 1504, 1506 to 1508, and 1510);
the Water Bank Act, as amended (16 U.S.C. 1301-1311); the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101); sections 202 and 205
of title II of the Colorado River Basin Salinity Control Act of 1974, as
amended; sections 401, 402, and 404 to 406 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2201 to 2205); the United States Warehouse Act,
as amended (7 U.S.C. 241-273); and laws pertaining to the Commodity
Credit Corporation, not to exceed $491,856,000, to be derived by
transfer from the Commodity Credit Corporation fund: Provided, That
other funds made available to the Agricultural Stabilization and
Conservation Service for authorized activities may be advanced to and
merged with this account: Provided further, That these funds shall be
available for employment pursuant to the second sentence of ection
706(a) of the Organic Act of 1944 (7 U.S. C. 2225), and not to exceed
$100,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That no part of the funds made available under this
Act shall be used (1) to influence the vote in any referendum; (2) to
influence agricultural legislation, except as permitted in 18 U.S.C.
1913; or (3) for salaries or other expenses of members of county and
community committees established pursuant to section 8(b) of the Soil
Conservation and Domestic Allotment Act, as amended, for engaging in any
activities other than advisory and supervisory duties and delegated
program functions prescribed in administrative regulations.
For necessary expenses involved in making indemnity payments to dairy
farmers for milk or cows producing such milk and manufacturers of dair
products who have been directed to remove their milk or dairy products
from commercial markets because it contained residues of chemicals
registered and approved for use by the Federal Government, and in making
indemnity payments for milk, or cows producing such milk, at a fair
market value to any dairy farmer who is directed to remove his milk from
commercial markets because of (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault of
the farmer, or (2) residues of chemicals or toxic substances not
included under the first sentence of the Act of August 13, 1968, as
amended (7 U.S.C. 450j), if such chemicals or toxic substances were not
used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, $95,000: Provided, That none of the
funds contained in this Act shall be used to make indemnity payments to
any farmer whose milk was removed from commercial markets as a result of
his willful failure to follow procedures prescribed by the Federal
Government.
The following corporations and agencies are hereby authorized to make
such expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, as amended as may be necessary in carrying out the programs
set forth in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided:
For administrative and operating expenses, as authorized by the
Federal Crop Insurance Act, as amended (7 U.S.C. 1516), $209,568,000:
Provided, That not to exceed $700 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C. 1506(
i).
For payments as authorized by section 508(b) of the Federal Crop
Insurance Act, as amended, $135,743,000.
To reimburse the Commodity Credit Corporation for net realized losses
sustained, put not previously reimbursed, pursuant to the Act of August
17, 1961 (15 U.S.C. 713a-11, 713a-12), $16,808,806,000, and addition
$3,000,000,000 which shall be available only to the extent an official
budget request is transmitted to the Congress, such funds to be
available, together with other resources available to the Corporation,
to finance the Corporation's programs and activities during fiscal year
1987: Provided, That of the foregoing amount, not to exceed the
following amounts shall be available for the following programs: export
guaranteed loan claims, $683,350,000; conservation reserve program,
$700,000,000; export enhancement program, $667,000,000; Federal crop
insurance program, $375,000,000; targeted export assistance program,
$325,000,000; storage facility loan program under section 4(h) of the
Commodity Credit Corporation Charter Act, $100,000,000; and interest
payments to the United States Treasury, $1,932,000,000.
The Commodity Credit Corporation shall make available not less than
$5,000,000,000 in credit guarantees under its export credit guarantee
program for short-term credit extended to finance the export sales of
United States agricultural commodities and the products thereof, as
authorized by section 1131(3)(B) of the Food Security Act of 1985
(Public Law 99-198).
Not to exceed $6,027,000 may be transferred from the Commodity Credit
Corporation funds to support the General Sales Manager who shall work to
expand and strengthen sales of United States commodities (including
those of the Corporation) in world markets pursuant to existing
authority (including that contained in the Corporation's charter), and
that such funds shall be used by the General Sales Manager to carry out
the above activities. The General Sales Manager shall report directly
to the Board of Directors of the Corporation of which the Secretary of
Agriculture is a member. The General Sales Manager shall obtain,
assimilate, and analyze all available information on developments
related to private sales, as well as those funded by the Corporation,
including grade and quality as sold and as delivered, including
information relating to the effectiveness of greater reliance by the
General Sales Manager upon loan guarantees as contrasted to direct loans
for financing commercial export sales of agricultural commodities out of
private stocks on credit terms, as provided in titles I and II of the
Agricultural Trade Act of 1978, Public Law 95-501, and shall submit
quarterly reports to the appropriate committees of Congress concerning
such developments.
For necessary salaries and expenses of the Office of the Under
Secretary for Small Community and Rural Development to administer
programs under the laws enacted by the Congress for the Farmers Home
Administration, Rural Electrification Administration, Federal Crop
Insurance Corporation, and rural development activities of the
Department of Agriculture, $394,000.
From funds in the Rural Housing Insurance Fund, and for insured loans
as authorized by title V of the Housing Act of 1949, as amended,
$2,033,093,000, of which not less than $2,032,519,000 shall be for
subsidized interest loans to low-income borrowers, as determined by the
Secretary, and for subsequent loans to existing borrowers or to
purchasers under assumption agreements or credit sales; and not to
exceed $10,000,000 to enter into collection and servicing contracts
pursuant to the provisions of section 3(f)(3) of the Federal Claims Act
of 1966 (31 U.S.C. 3718).
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) of the Housing Act of 1949, as
amended, total new obligations shall not exceed $160,310,000 to be added
to and merged with the authority provided for this purpose in prior
fiscal years: Provided, That of this amount, not to exceed $28,413,000
is available for additional units financed by section 515 of the Housing
Act of 1949, as amended, and not less than $5,082,000 is for additional
units financed under sections 514 and 516 of the Housing Act of 1949:
Provided further, That agreements entered into or renewed during fiscal
year 1987 shall be funded for a five-year period, although the life of
any such agreement may be extended to fully utilize amounts obligated:
Provided further, That agreements entered into or renewed during fiscal
years 1984, 1985, and 1986 may also be extended beyond five years to
fully utilize amounts obligated.
For an additional amount to reimburse the Rural Housing Insurance
Fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of title V of the
Housing Act of 1949, as amended (42 U.S.C. 1483, 1487(e), and 1490a(c)),
including $2,247,000 as authorized by section 521(c) of the Act,
$2,296,283,000. For an additional amount as authorized by section
521(c) of the Act such sums as may be necessary to reimburse the fund to
carry out a rental assistance program under section 521(a)(2) of the
Housing Act of 1949, as amended.
For direct loans pursuant to section 523(b)(1)(B) of the Housing Act
of 1949, as amended (42 U.S.C. 1490c), $500,000 shall be available from
funds in the Self-Help Housing Land Development Fund.
For direct and guaranteed loans as authorized by 7 U.S.C. 1928-1929,
to be available from funds in the Agricultural Credit Insurance Fund, as
follows: farm ownership loans, $400,000,000 of which $325,000,000 shall
be guaranteed loans; $14,000,000 for water development, use, and
conservation loans of which $3,000,000 shall be guaranteed loans;
operating loans, $3,595,000,000 of which $2,170,000,000 shall be
guaranteed loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $2,000,000; and for emergency insured and guaranteed
loans, $695,000,000 to meet the needs resulting from natural disasters.
For an additional amount to reimburse the Agricultural Credit
Insurance Fund for interest subsidies and losses sustained in prior
years, but not previously reimbursed, in carrying out the provisions of
the Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $1,723,403,000.
For direct and guaranteed loans as authorized by 7 U.S.C. 1928 and 86
Stat. 661-664, to be available from funds in the Rural Development
Insurance Fund, as follows: insured water and sewer facility loans,
$330,380,000; guaranteed industrial development loans, $95,700,000;
and insured community facility loans, $95,700,000.
For an additional amount to reimburse the Rural Development Insurance
Fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $656,645,000.
For grants pursuant to sections 306(a)(2) and 306(a)(6) of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1926), $109,395,000, to remain available until expended, pursuant to
section 306(d) of the above Act.
For grants to the very low-income elderly for essential repairs to
dwellings pursuant to section 504 of the Housing Act of 1949, as
amended, $12,500,000.
For financial assistance to eligible nonprofit organizations for
housing for domestic farm labor, pursuant to section 516 of the Housing
Act of 1949, as amended (42 U.S.C. 1486), $9,513,000.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $8,000,000.
For grants pursuant to section 7 of the Cooperative Forestry
Assistance Act of 1978 (Public Law 95-313), $3,091,000 to fund up to 50
per centum of the cost of organizing, training, and equipping rural
volunteer fire departments.
For compensation for construction defects as authorized by section
509(c) of the Housing Act of 1949, as amended, $713,000.
For grants for rural housing preservation as authorized by section
552 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law
98-181), $19,140,000.
For necessary expenses of the Farmers Home Administration, not
otherwise provided for, in administering the programs authorized by the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921-1995), as
amended; title V of the Housing Act of 1949, as amended (42 U.S.C.
1471-1490h); the Rural Rehabilitation Corporation Trust Liquidation
Act, approved May 3, 1950 (40 U.S.C. 440-444), for administering the
loan program authorized by title III A of the Economic Opportunity Act
of 1964 (Public Law 88-452 approved August 20, 1964), as amended, and
such other programs which Farmers Home Administration has the
responsibility for administering, $386,867,000, together with not more
than $3,000,000 of the charges collected in connection with the
insurance of loans of authorized by section 309(e) of the Consolidated
Farm and Rural Development Act, as amended, and section 517(i) of the
Housing Act of 1949, as amended, or in connection with charges made on
borrowers under section 502(a) of the Housing Act of 1949, as amended:
Provided, That, in addition, not to exceed $1,000,000 of the funds
available for the various programs administered by this agency may be
transferred to this appropriation for temporary field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases:
Provided further, That not to exceed $500,000 of this appropriation may
be used for employment under 5 U.S.C. 3109: Provided further, That not
to exceed $2,047,000 of this appropriation shall be available for
contracting with the National Rural Water Association or other equally
qualified national organization for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That,
in addition to any other authority that the Secretary may have to defer
principal and interest and forego foreclosure, the Secretary may permit,
at the request of the borrower, the deferral of principal and interest
on any outstanding loan made, insured, or held by the Secretary under
this title, or under the provisions of any other law administered by the
Farmers Home Administration, and may forego foreclosure of any such
loan, for such period, as the Secretary deems necessary upon a showing
by the borrower that due to circumstances beyond the borrower's control,
the borrower is temporarily unable to continue making payments of such
principal and interest when due without unduly impairing the standard of
living of the borrower. The Secretary may permit interest that accrues
during the deferral period on any loan deferred under this section to
bear no interest during or after such period: Provided further, That,
if the security instrument securing such loan is foreclosed, such
interest as is included in the purchase price at such foreclosure shall
become part of the principal and draw interest from the date of
foreclosure at the rate prescribed by law.
To carry into effect the provisions of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 901-950(b)), as follows:
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as
follows: rural electrification loans, not less than $622,050,000 nor
more than $933,075,000; and rural telephone loans, not less than
$239,250,000 nor more than $311,025,000; to remain available until
expended: Provided, That loans made pursuant to section 306 of that Act
are in addition to these amounts but during 1987 total commitments to
guarantee loans pursuant to section 306 shall be not less than
$933,075,000 nor more than $2,100,615,000 of contingent liability for
total loan principal: Provided further, That as a condition of approval
of insured electric loans during fiscal year 1987, borrowers shall
obtain concurrent supplemental financing in accordance with the
applicable criteria and ratios in effect as of July 15, 1982: Provided
further, That no funds appropriated in this Act may be used to deny or
reduce loans or loan advances based upon a borrower's level of general
funds.
For an additional amount to reimburse the rural electrification and
telephone revolving fund for interest subsidies and losses sustained in
prior years, but not previously reimbursed, in carrying out the
provisions of the Rural Electrification Act of 1936, as amended (7 U.S.
C. 901-950(b)), $20,000,000.
For the purchase of Class A stock of the Rural Telephone Bank,
$28,710,000, to remain available until expended (7 U.S.C. 901-950(b)).
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to such corporation in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out its authorized programs for
the current fiscal year. During 1987, and within the resources and
authority available, gross obligations for the principal amount of
direct loans shall be not less than $177,045,000 nor more than
$210,540,u00.
To reimburse the Rural Communication Development Fund for interest
subsidies and losses sustained in prior years, but not previously
reimbursed, in making Community Antenna Television loans and loan
guarantees under sections 306 and 310B of the Consolidated Farm and
Rural Development Act as amended, $1,591,000.
For administrative expenses to carry out the provisions of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901-950(b)), and to
administer the loan and loan guarantee programs for Community Antenna
Television facilities as authorized by the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921-1995), and for which commitments were
made prior to fiscal year 1987, including not to exceed $7,000 for
financial and credit reports, funds for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $103,000 for employment under 5 U.S.C. 3109,
$29,447,000.
For necessary salaries and expenses of the Office of the Assistant
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Soil Conservation
Service, $363.00
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-590f) including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100; purchase and erection or alteration or
improvement of permanent and temporary buildings; and operation and
maintenance of aircraft, $367,043,000 of which not less than $4,870,000
is for snow operation and survey and water forecasting and not less than
$4,408,000 is for establishment of the plant materials centers:
Provided, That of the foregoing amounts not less than $293,400,000 is
for personnel compensation and benefits: Provided further, That the
cost of any permanent building, purchased, erected, or as improved,
exclusive of the cost of constructing a water supply or sanitary system
and connecting the same to any such building and with the exception of
buildings acquired in conjunction with land being purchased for other
purposes, shall not exceed $10,000, except for one building to be
constructed at a cost not to exceed $100,000 and eight buildings to be
constructed or improved at a cost not to exceed $50,000 per building and
except that alterations or improvements to other existing permanent
buildings costing $5,000 or more may be made in any fiscal year in an
amount not to exceed $2,000 per building: Provided further, That when
buildings or other structures are erected on non-Federal land that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That no part of this appropriation may be expended for
soil and water conservation operations under the Act of April 27, 1935
(16 U.S.C. 590a-590f) in demonstration projects: Provided further, That
this appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225) and not to exceed $25,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the technical planning
work of the Service: Provided further, That none of the funds in this
Act shall be used for the purpose of consolidating equipment, personnel,
or services of the Soil Conservation Service's national technical
centers in Portland, Oregon; Lincoln, Nebraska; Chester, Pennsylvania;
and Fort Worth, Texas, into a single national technical center.
For necessary expenses to conduct research, investigations, and
surveys of the watersheds of rivers and other waterways, in accordance
with section 6 of the Watershed Protection and Flood Prevention Act
approved August 4, 1954, as amended (16 U.S.C. 1006-1009), $11,819,000:
Provided, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses for small watershed investigations and
planning, in accordance with the Watershed Protection and Flood
Prevention Act, as amended (16 U.S.C. 1001-1008), $8,480,000: Provided,
That this appropriation shall be available for field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $50,000 shall be available for
employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954, as amended (16 U.S.C.
1001-1005, 1007-1009), the provisions of the Act of April 27, 1935 (16
U.S.C. 590a-f), and in accordance with the provisions of laws relating
to the activities of the Department, $165,885,000 (of which $26,271,000
shall be available for the watersheds authorized under the Flood Control
Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended
and supplemented): Provided, That this appropriation shall be available
for field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$4,755,000 shall be available for emergency measures as provided by
sections 403-405 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203-2205), and not to exceed $200,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That $7,949,000 in loans may be
insured, or made to be sold and insured, under the Agricultural Credit
Insurance Fund of the Farmers Home Administration (7 U.S.C. 1931):
Provided further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), as amended, including cooperative efforts as
contemplated by that Act to relocate endangered or threatened species to
other suitable habitats as may be necessary to expedite project
construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act, as amended (7 U.S.C. 1010-1011; 76 Stat. 607), and the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and the
provisions of the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $25,020,000: Provided, That $1,207,000 in loans may be
insured, or made to be sold and insured, under the Agricultural Credit
Insurance Fund of the Farmers Home Administration (7 U.S.C. 1931):
Provided further, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses to carry into effect a program of conservation
in the Great Plains area, pursuant to section 16(b) of the Soil
Conservation and Domestic Allotment Act, as added by the Act of August
7, 1956, as amended (16 U.S.C. 590p(b)), $20,474,000, to remain
available until expended.
For necessary expenses to carry into effect the program authorized in
sections 7 to 15, 16(a), 16(f), and 17 of the Soil Conservation and
Domestic Allotment Act approved February 29, 1936, as amended and
supplemented (16 U.S.C. 590g-590o, 590p(a), 590p(f), and 590q), and
sections 1001-1004, 1006-1008, and 1010 of the Agricultural Act of 1970,
as added by the Agriculture and Consumer Protection Act of 1973 (16
U.S.C. 1501-1504, 1506-1508, and 1510), and including not to exceed
$15,000 for the preparation and display of exhibits, including such
displays at State, interstate, and international fairs within the United
States, $176,935,000, to remain available until expended for agreements,
excluding administration but including technical assistance and related
expenses, except that no participant in the Agricultural Conservation
Program shall receive more than $3,500 per year, except where the
participants from two or more farms or ranches join to carry out
approved practices designed to conserve or improve the agricultural
resources of the community, or where a participant has a long-term
agreement, in which case the total payment shall not exceed the annual
payment limitation multiplied by the number of years of the agreement:
Provided, That no portion of the funds for the current year's program
may be utilized to provide financial or technical assistance for
drainage on wetlands now designated as Wetlands Types 3 (III) through 20
(XX) in United States Department of the Interior, Fish and Wildlife
Circular 39, Wetlands of the United States, 1956: Provided further,
That such amounts shall be available for the purchase of seeds,
fertilizers, lime, trees, or any other conservation materials, or any
soil-terracing services, and making grants thereof to agricultural
producers to aid them in carrying out approved farming practices as
authorized by the Soil Conservation and Domestic Allotment Act, as
amended, as determined and recommended by the county committees,
approved by the State committees and the Secretary, under programs
provided for herein: Provided further, That such assistance will not be
used for carrying out measures and practices that are primarily
production-oriented or that have little or no conservation or pollution
abatement benefits: Provided further, That not to exceed 5 per centum
of the allocation for the current year's program for any county may, on
the recommendation of such county committee and approval of the State
committee, be withheld and allotted to the Soil Conservation Service for
services of its technicians in formulating and carrying out the
Agricultural Conservation Program in the participating counties, and
shall not be utilized by the Soil Conservation Service for any purpose
other than technical and other assistance in such counties, and in
addition, on the recommendation of such county committee and approval of
the State committee, not to exceed 1 per centum may be made available to
any other Federal, State, or local public agency for the same purpose
and under the same conditions: Provided further, That for the current
year's program $2,500,000 shall be available for technical assistance in
formulating and carrying out rural environmental practices: Provided
further, That no part of any funds available to the Department, or any
bureau, office, corporation, or other agency constituting a part of such
Department, shall be used in the current fiscal year for the payment of
salary or travel expenses of any person who has been convicted of
violating the Act entitled "An Act to prevent pernicious political
activities" approved August 2, 1939, as amended, or who has been found
in accordance with the provisions of title 18 U. S.C. 1913 to have
violated or attempted to violate such section which prohibits the use of
Federal appropriations for the payment of personal services or other
expenses designed to influence in any manner a Member of Congress to
favor or oppose any legislation or appropriation by Congress except upon
request of any Member or through the proper official channels.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized in the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $11,891,000, to remain available until
expended, as authorized by that Act.
For necessary expenses to carry into effect the provisions of the
Water Bank Act (16 U.S.C. 1301-1311), $8,371,000 to remain available
until expended.
For necessary expenses for carrying out the purposes of section 202
of title II of the Colorado River Basin Salinity Control Act, as amended
(43 U.S.C. 1592), to be used to reduce salinity in the Colorado River
and to enhance the supply and quality of water available for use in the
United States and the Republic of Mexico, $3,804,000, for investigations
and surveys, for technical assistance in developing conservation
practices and in the preparation of salinity control plans, for the
establishment of on-farm irrigation management systems, including
related lateral improvement measures, for making cost-share payments to
agricultural landowners and operators, Indian tribes, irrigation
districts and associations, local governmental and nongovernmental
entities, and other landowners to aid them in carrying out approved
conservation practices as determined and recommended by the county
committees, approved by the State committees and the Secretary, and for
associated costs of program planning, information and education, and
program monitoring and evaluation: Provided, That the Soil Conservation
Service shall provide technical assistance and the Agricultural
Stabilization and Conservation Service shall provide administrative
services for the program, including but not limited to, the negotiation
and administration of agreements and the disbursement of payments:
Provided further, That such program shall be coordinated with the
regular Agricultural Conservation Program and with research programs of
other agencies.
For necessary salaries and expenses of the Office of the Assistant
Secretary for Food and Consumer Services to administer the laws enacted
by the Congress for the Food and Nutrition Service and the Human
Nutrition Information Service, $330,000.
For necessary expenses to carry out the National School Lunch Act (42
U.S.C. 1751-1761, 1766 and 1769b) and the applicable provisions other
than sections 3 and 17 of the Child Nutrition Act of 1966 (42 U. S.C.
1773-1785, and 1788-1789); $4,233,617,000, to remain available through
September 30, 1988, of which $937,680,000 is hereby appropriated and
$3,295,937,000 shall be derived by transfer from funds available under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided,
That, of funds provided herein, $775,281,000 shall be available only to
the extent an official budget request is transmitted to the Congress:
Provided further, That funds appropriated for the purpose of section 7
of the Child Nutrition Act of 1966 shall be allocated among the States
but the distribution of such funds to an individual State is contingent
upon that State's agreement to participate in studies and surveys of
programs authorized under the National School Lunch Act and the Child
Nutrition Act of 1966, when such studies and surveys have been directed
by the Congress and requested by the Secretary of Agriculture: Provided
further, That if the Secretary of Agriculture determines that a State's
administration of any program under the National School Lunch Act or the
Child Nutrition Act of 1966 (other than section 17), or the regulations
issued pursuant to these Acts, is seriously deficient, and the State
fails to correct the deficiency within a specified period of time, the
Secretary may withhold from the State some or all of the funds allocated
to the State under section 7 of the Child Nutrition Act of 1966 and
under section 13(k)(1) of the National School Lunch Act; upon a
subsequent determination by the Secretary that the programs are operated
in an acceptable manner some or all of the funds withheld may be
allocated: Provided further, That if the funds available for nutrition
education and training grants authorized under section 19 of the Child
Nutrition Act of 1966, as amended, require a ratable reduction in those
grants, the minimum grant for each State shall be $50,000: Provided
further, That only final reimbursement claims for service of meals,
supplements, and milk submitted to State agencies by eligible schools,
summer camps, institutions, and service institutions within sixty days
following the month for which the reimbursement is claimed shall be
eligible for reimbursement from funds appropriated under this Act.
States may receive program funds appropriated under this Act for meals,
supplements, and milk served during any month only if the final program
operations report for such month is submitted to the Department within
ninety days following that month. Exceptions to these claims or reports
submission requirements may be made at the discretion of the Secretary.
For necessary expenses, to carry out the special milk program, as
authorized by section 3 of the Child Nutrition Act of 1966 (42 U.S.C.
1772), $14,869,000, to remain available through September 30, 1988:
Provided, That only final reimbursement claims for milk submitted to
State agencies within sixty days following the month for which the
reimbursement is claimed shall be eligible for reimbursement from funds
appropriated under this Act only if the final program operations report
for such month is submitted to the Department within ninety days
following that month. Exceptions to these claims or reports submission
requirements may be made at the discretion of the Secretary.
For necessary expenses to carry out the special supplemental food
program as authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $1,663,497,000, to remain available through September
30, 1988: Provided, That none of the funds provided herein shall be
used to issue interim or final regulations before May 1, 1987, to modify
the formula used during fiscal year 1986 to divide funds among State
agencies under section 17(i) of such Act to carry out such program, or
to implement such regulations before October 1, 1987.
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c(note)), including not less than
$2,950,000 for the projects in Detroit, New Orleans, and Des Moines,
$41,497,000: Provided, That funds provided herein shall remain
available through September 30, 1988: Provided further, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011-2027, 2029), $12,684,665,000: Provided, That funds provided herein
shall remain available through September 30, 1987, in accordance with
section 18(a) of the Food Stamp Act: Provided further, That up to 5 per
centum of the foregoing amount may be placed in reserve to be
apportioned pursuant to section 3679 of the Revised Statutes, as
amended, for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided further, That funds
provided herein shall be expended in accordance with section 16 of the
Food Stamp Act: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That $345,000,000 of the funds
provided herein shall be available only to the extent necessary after
the Secretary has employed the regulatory and administrative methods
available to him under the law to curtail fraud, waste and abuse in the
program: Provided further, That $852,750,000 of the foregoing amount
shall be available for Nutrition Assistance for Puerto Rico as
authorized by 7 U.S.C. 2028.
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c (note)) and section
4(b) of the Food Stamp Act (7 U.S.C. 2013), $193,589,000.
For necessary expenses to carry out the Temporary Emergency Food
Assistance Act of 1983, as amended, $50,000,000: Provided, That, in
accordance with section 202 of Public Law 98-92, these funds shall be
available only if the Secretary determines the existence of excess
commodities.
For necessary administrative expenses of the Domestic Food Programs
funded under this Act, $82,578,000; of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification and prosecution of fraud
and other violations of identification and prosecution of fraud and
other violations of law: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$150,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to enable the Human Nutrition Information
Service to perform applied research and demonstrations relating to human
nutrition and consumer use and economics of food utilization,
$6,876,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225).
For necessary expenses of the Foreign Agricultural Service, including
carrying out title VI of the Agricultural Act of 1954, as amended (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $110,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $81,109,000: Provided, That not less than $255,000 of this
appropriation shall be available to obtain statistics and related facts
on foreign production and full and complete information on methods used
by other countries to move farm commodities in world trade on a
competitive basis.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1691, 1701-1715, 1721-1726, 1727-1727f,
1731-1736g), as follows: (1) financing the sale of agricultural
commodities for convertible foreign currencies and for dollars on credit
terms pursuant to titles I and III of said Act, or for convertible
foreign currency for use under 7 U.S.C. 1708, and for furnishing
commodities to carry out the Food for Progress Act of 1985, not more
than $834,727,000, of which $454,727,000 is hereby appropriated and the
balance derived from proceeds from sales of foreign currencies and
dollar loan repayments, repayments on long-term credit sales and
carryover balances, and (2) commodities supplied in connection with
dispositions abroad, pursuant to title II of said Act, not more than
$628,344,000, of which $628,344,000 is hereby appropriated: Provided,
That not to exceed 15 per centum of the funds made available to carry
out any title of this paragraph may be used to carry out any other title
of this paragraph.
For necessary expenses of the Office of International Cooperation and
Development to coordinate, plan, and direct activities involving
international development, technical assistance and training, and
international scientific and technical cooperation in the Department of
Agriculture, including those authorized by the Food and Agriculture Act
of 1977 (7 U.S.C. 3291), $5,035,000; and the Office may utilize
advances of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1736) and the foreign
assistance programs of the International Development Cooperation
Administration (22 U.S.C. 2392).
For payments in foreign currencies owed to or owned by the United
States for market development research authorized by section 104(b)(1)
and for agricultural and forestry research and other functions related
thereto authorized by section 104(b)(3) of the Agricultural Trade
Development and Assistance Act of 1954, as amended (7 U.S.C. 1704 (b)(
1), (3)), $2,500,000: Provided, That this appropriation shall be
available, in addition to other appropriations for these purposes, for
payments in the foregoing currencies: Provided further, That funds
appropriated herein shall be used for payments in such foreign
currencies as the Department determines are needed and can be used most
effectively to carry out the purposes of this paragraph: Provided
further, That not to exceed $25,000 of this appropriation shall be
available for payments in foreign currencies for expenses of employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109.
For necessary expenses of the Food and Drug Administration; for
rental of special purpose space in the District of Columbia or
elsewhere; and for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $25,000;
$411,803,000: Provided, That none of these funds shall be used to
develop, establish, or operate any program of user fees authorized by 31
U.S.C. 9701: Provided further, That of the sums provided herein, not to
exceed $1,000,000 shall remain available until expended, and shall
become available only to the extent necessary to meet unanticipated
costs of emergency activities not provided for in budget estimates and
after maximum absorption of such costs within the remainder of the
account has been achieved.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $1,879,000.
For payment of space rental and related costs pursuant to Public Law
92-313 for programs and activities of the Food and Drug Administration
which are included in this Act, $24,627,000: Provided, That in the
event the Food and Drug Administration should require modification of
space needs, a share of the salaries and expenses appropriation may be
transferred to this appropriation, or a share of this appropriation may
be transferred to the salaries and expenses appropriation, but such
transfers shall not exceed 10 per centum of the funds made available for
Rental Payments (FDA) to or from this account.
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles; the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere; and
not to exceed $25,000 for employment under 5 U.S.C. 3109; $29,761,000;
including not to exceed $700 for official reception and representation
expenses.
Not to exceed $39,420,000 (from assessments collected from farm
credit system banks) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249.
SEC. 601. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
SEC. 602. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1987 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed seven
hundred thirty-four (734) passenger motor vehicles, of which seven
hundred twenty-six (726) shall be for replacement only, and for the hire
of such vehicles.
SEC. 603. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances as authorized
by law (5 U.S.C. 5901-5902).
SEC. 604. Not less than $1,500,000 of the appropriations of the
Department of Agriculture in this Act for research and service work
authorized by the Acts of August 14, 1946, July 28, 1954, and September
6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be
available for contracting in accordance with said Acts.
SEC. 605. No part of the funds contained in this Act may be used to
make production or other payments to a person, persons, or corporations
upon a final finding by court of competent jurisdiction that such party
is guilty of growing, cultivating, harvesting, processing or storing
marihuana, or other such prohibited drug-producing plants on any part of
lands owned or controlled by such persons or corporations.
SEC. 606. Advances of money to chiefs of field parties from any
appropriation in this Act for the Department of Agriculture may be made
by authority of the Secretary of Agriculture.
SEC. 607. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
SEC. 608. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Public Law 480; Mutual and Self-Help Housing; Watershed and Flood
Prevention Operations; Resource Conservation and Development; Colorado
River Basin Salinity Control Program; Animal and Plant Health
Inspection Service, Buildings and Facilities; Agricultural
Stabilization and Conservation Service Salaries and Expenses funds made
available to county committees; the Federal Crop Insurance Corporation
Fund; Rural Housing for Domestic Farm Labor; Agricultural Research
Service, Buildings and Facilities; Scientific Activities Overseas
(Foreign Currency Program); Dairy Indemnity Program; $5,000,000 for
the grasshopper and Mormon cricket control program, Animal and Plant
Health Inspection Service; $2,852,000 for higher education training
grants under section 1417(a)(3)(B) of Public Law 95-113, as amended (7
U.S.C. 3152(a)(3)(B); and Buildings and Facilities, Food and Drug
Administration.
SEC. 609. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
SEC. 610. Not to exceed $50,000 of the appropriation available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law
94-449.
SEC. 611. Notwithstanding any other provision of law, employees of
the agencies of the Department of Agriculture, including employees of
the Agricultural Stabilization and Conservation county committees, may
be utilized to provide part-time and intermittent assistance to other
agencies of the Department, without reimbursement, during periods when
they are not otherwise fully utilized, and ceilings on full-time
equivalent staff years established for or by the Department of
Agriculture shall exclude overtime as well as staff years expended as a
result of carrying out programs associated with natural disasters, such
as forest fires, droughts, floods, and other acts of God.
SEC. 612. Funds provided by this Act for personnel compensation and
benefits shall be available for obligation for that purpose only.
SEC. 613. No part of any appropriation contained in this Act shall
be expended by any executive agency, as referred to in the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.), pursuant to any
obligation for services by contract, unless such executive agency has
awarded and entered into such contract as provided by law.
SEC. 614. None of the funds appropriated or otherwise made available
by this Act shall be available to implement, administer, or enforce any
regulation which has been disapproved pursuant to a resolution of
disapproval duly adopted in accordance with the applicable law of the
United States.
SEC. 615. Certificates of beneficial ownership sold by the Farmers
Home Administration in connection with the Agricultural Credit Insurance
Fund, Rural Housing Insurance Fund, and the Rural Development Insurance
Fund shall be not less than 65 per centum of the value of the loans
closed during the fiscal year.
SEC. 616. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 per centum of the total direct
cost of the agreement when the purpose of such cooperative arrangements
is to carry out programs of mutual interest between the two parties.
This does not preclude appropriate payment of indirect costs on grants
and contracts with such institutions when such indirect costs are
computed on a similar basis for all agencies for which appropriations
are provided in this Act.
SEC. 617. None of the funds in this Act shall be used to carry out
any activity related to phasing out the Resource Conservation and
Development Program.
SEC. 618. None of the funds in this Act shall be used to prevent or
interfere with the right and obligation of the Commodity Credit
Corporation to sell surplus agricultural commodities in world trade at
competitive prices as authorized by law.
SEC. 619. Notwithstanding any other provision of this Act,
commodities acquired by the Department in connection with Commodity
Credit Corporation and section 32 price support operations may be used,
as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide
commodities to individuals in cases of hardship as determined by the
Secretary of Agriculture.
SEC. 620. During fiscal year 1987, notwithstanding any other
provision of law, no funds may be paid out of the Treasury of the United
States or out of any fund of a Government corporation to any private
individual or corporation in satisfaction of any assurance agreement or
payment guarantee or other form of loan guarantee entered into by any
agency or corporation of the United States Government with respect to
loans made and credits extended to the Polish People's Republic, unless
the Polish People's Republic has been declared to be in default of its
debt to such individual or corporation or unless the President has
provided a monthly written report to the Speaker of the House of
Representatives and the President of the Senate explaining the manner in
which the national interest of the United States has been served by any
payments during the previous month under loan guarantee or credit
assurance agreement with respect to loans made or credits extended to
the Polish People's Republic in the absence of a declaration of default.
SEC. 621. None of the funds in this Act shall be available to
reimburse the General Services Administration for payment of space
rental and related costs in excess of the amounts specified in this Act.
SEC. 622. In fiscal year 1987, the Secretary of Agriculture shall
initiate construction on not less than twenty new projects under the
Watershed Protection and Flood Prevention Act (Public Law 566) and not
less than five new projects under the Flood Control Act (Public Law
534).
SEC. 623. Funds provided by this Act may be used for translation of
publications of the Department of Agriculture into foreign languages
when determined by the Secretary to be in the public interest.
SEC. 624. None of the funds appropriated by this or any other Act
may be used to relocate the Hawaii State Office of the Farmers Home
Administration from Hilo, Hawaii, to Honolulu, Hawaii.
SEC. 625. Provisions of law prohibiting or restricting personal
services contracts shall not apply to veterinarians employed by the
Department to take animal blood samples, test and vaccinate animals, and
perform branding and tagging activities on a fee-for-service basis.
SEC. 626. None of the funds provided in this Act may be used to
reduce programs by establishing an end-of-year employment ceiling on
full-time equivalent staff years below the level set herein for the
following agencies: Farmers Home Administration, 12,675; Agricultural
Stabilization and Conservation Service, 2,550; and Soil Conservation
Service, 14,177.
SEC. 627. Funds provided in this Act may be used for one-year
contracts which are to be performed in two fiscal years so long as the
total amount for such contracts is obligated in the year for which the
funds are appropriated.
SEC. 628. Funds appropriated by this Act shall be applied only to
the objects for which appropriations were made except as otherwise
provided by law, as required by 31 U.S.C. 1301.
SEC. 629. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
SEC. 630. All funds appropriated for this fiscal year and all funds
appropriated hereafter by this or any other Act that are determined to
be part of the "extramural budget" of the Department of Agriculture for
any fiscal year for purposes of meeting the requirements of section 9 of
the Small Business Act (15 U.S.C. 638), as amended by the Small Business
Innovation Development Act of 1982, Public Law 97-219, shall be
available for contract, grants or cooperative agreements with small
business concerns for any purpose in furtherance of the small business
innovation research program. Such funds may be transferred for such
purpose from one appropriation to another or to a single account.
SEC. 631. None of the funds provided in this Act may be expended to
release information acquired from any handler under the Agricultural
Marketing Agreement Act of 1937, as amended: Provided, That this
provision shall not prohibit the release of information to other Federal
agencies for enforcement purposes: Provided further, That this
provision shall not prohibit the release of aggregate statistical data
used in formulating regulations pursuant to the Agricultural Marketing
Agreement Act of 1937, as amended: Provided further, That this
provision shall not prohibit the release of information submitted by
milk handlers.
SEC. 632. Unless otherwise provided in this Act, none of the funds
appropriated in this Act may be used by the Farmers Home Administration
to employ or otherwise contract with private debt collection agencies to
collect delinquent payments from Farmers Home Administration borrowers.
SEC. 633. (A) Disaster Assistance to meet needs resulting from
drought in the southeastern states, floods and excessive moisture in
Michigan and Oklahoma and other natural disasters in such other states
as may be determined by the President.
For an additional amount, for emergency measures under title IV of
the Agricultural Credit Act of 1978 (16 U.S.C. 2201-2205), $10,000,000
to remain available until expended.
For an additional amount, for necessary expenses to carry out the
program authorized under title IV of the Agricultural Credit Act of 1978
(16 U.S.C. 2201-2205), $10,000,000 to remain available until expended.
As authorized by existing law, and within the funding levels provided
by this Act, for disasters occurring in 1986, the Secretary of
Agriculture shall in the case of any farmer or rancher suffering a major
loss from such disaster, direct the Administrator of the Farmers Home
Administration to, under such rules and regulations as the Secretary may
determine as long as the objective of enabling farmers to stay in
business is carried out:
(1) Refinance existing debt at the lowest allowable interest
rate and such term as will give the borrower a reasonable chance
to repay;
(2) Provide loans for financing 1987 crop production;
(3) Stretch out loan payments over a period of years, and base
such payments on regaining our normal fair share of world markets;
and
(4) Coordinate disaster assistance programs with the
Administrator of the Small Business Administration to assure that
all individuals affected by natural disaster are provided with the
appropriate financial assistance.
(B) Within the funds made available by this section, the Secretary of
Agriculture shall:
(a)(1) As soon as practicable, but not later than forty-five days
after the date of application by an eligible producer, make available to
eligible producers for losses of production due to drought, excessive
heat, floods, hail or excessive moisture in 1986 payments determined in
accordance with this subsection.
(2) An eligible producer shall be a producer of the 1986 crop of
wheat, feed grains, upland cotton, rice, soybeans, sugar beets, sugar
cane or peanuts who --
(A) is eligible to receive price support under section 107D,
105C, 103A, 101A, 201 or 108B of the Agricultural Act of 1949 (7
U.S.C. 1445b-3, 1444e, 1444-1, 1446, or 1445c-2); and
(B) is in a county in which producers are eligible to receive
disaster emergency loans under section 321 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961) as the result of
drought, excessive heat, floods, hail or excessive moisture which
occured in 1986.
(3) Payments made available to each eligible producer shall not
exceed $100,000 for all crops (without regard to other limitations in
farm program payments) and shall be determined for each crop of such
commodities by multiplying --
(A) the payment rate; by
(B) the loss of production of the eligible producer.
(4)(A) Except for sugar beets and sugar cane, the payment rate shall
be equal to the level of price support established for the crop of the
commodity for the farm.
(B) For purposes of determining the payment rate for sugar beets and
sugar cane, the Secretary shall establish a payment rate which is fair
and reasonable in relation to the level of price support which is
established for the 1986 crop of sugar beets and sugar cane.
(5)(A) The loss of production of the eligible producer shall be the
quantity of wheat, feed grains, cotton, rice, soybeans, sugar beets and
sugar cane or peanuts that eligible producers on a farm are unable to
harvest due to reduced yields or aer prevented from planting to such
commodity or other nonconserving crops due to drought, excessive heat,
floods, hail or excessive moisture in 1986. Such loss of production of
the eligible producer for each such crop shall be the difference between
--
(i) The result determined by multiplying (I) 50 per centum of
the farm program payment yield established for the crop of the
commodity, by (II) the sum of the acreage of such crop planted to
harvest and the acreage for which prevented planted credit is
approved by the Secretary; and
(ii) The actual production on the farm of such crop of the
commodity if such quantity is less than the quantity determined in
accordance with clause (i).
(B) The sum of the acreage determined in accordance with paragraph
(5)(A)(i)(II) shall not exceed --
(i) with respect to wheat, feed grains, upland cotton, or rice,
the 1986 permitted acreage determined for such crop of the
commodity; and
(ii) with respect to soybeans, peanuts, sugar beets and sugar
cane, the acreage so affected but not to exceed the acreage
planted in the immediately preceding year to soybeans or peanuts,
respectively, for harvest including any acreage that the producer
was prevented from planting to such commodity or to other
nonconserving crops in lieu of soybeans or peanuts because of
drought, excessive moisture, flood, hail, or other natural
disaster, or other condition beyond the control of the producer.
(6) Payments determined in accordance with paragraph (3) with respect
to any producer with crop insurance shall be reduced to the extent the
amount determined by adding the total amount of crop insurance indemnity
payments (gross indemnity less premium paid) received by the producer
for the loss of production of each crop of such commodities on the farm
and the payment determined in accordance with paragraphs (3) through (5)
exceeds the amount determined by multiplying --
(A)(i) the quantity determined by multiplying 100 percent of
the farm program payment yield established for each crop of such
commodities by (ii) the sum of the acreage of each such crop
planted to harvest and the acreage for which prevented planted
credit is approved by the Secretary (the total not to exceed the
quantity determined in accordance with subparagraph (5)(B)); by
(B) the payment rate for each crop of the commodity.
(7) The total amount of payments made under paragraph (3) to
producers on a farm with respect to each crop of such commodities and
the total amount of price support loans and purchases (and program
benefits for sugar beets and sugar cane) made with respect to such crop
on such farm may not exceed the amount determined by multiplying --
(A) The farm program payment yield for the crop of the
commodity; by
(B) The sum of (i) the acreage of the crop of the commodity
planted for harvest and (ii) the acreage for which prevented
planted credit is approved by the Secretary, but for each such
crop such sum shall not exceed the quantity determined in
accordance with subparagraph (5)(B); by
(C) The payment rate for each crop of the commodity.
(8)(A) For purposes of determining the farm program payment yield,
the Secretary shall use the 1986 farm program payment yield established
for the crop of the commodity or, if such data is not available, a yield
determined by the Secretary to be fair and equitable.
(B) Notwithstanding any other provision of this subsection --
(i) a loss of production of quota peanuts from a farm as
otherwise determined under paragraph (5) shall be reduced by the
quantity of peanut poundage quota which was the basis of such
anticipated production which has been transferred from the farm;
and
(ii) payments made under this subsection shall be taken into
account whether the lost production for which the loss of
production is claimed was a loss of production of quota or
additional peanuts and the payment rate shall be established
accordingly. Further, notwithstanding any other provision of law,
the amount of undermarketings of quota peanuts from a farm for the
1986 crop that may otherwise be claimed under section 358 of the
Agricultural Adjustment Act of 1938 for purposes of future quota
increases shall be reduced by the quantity of lost production of
such peanuts for which payment has been received under this
subsection.
(9) The disaster payments required by this section shall be made in
the form of generic, negotiable commodity certificates redeemable from
stocks of commodities held by the Commodity Credit Corporation.
(b)(1) notwithstanding any other provision of this section for the
1986 crop year, the Secretary of Agriculture shall utilize certificates
redeemable from stocks of commodities held by the Commodity Credit
Corporation, for the purpose of making disaster payments to producers of
nonprogram crops, in counties in which producers became eligible
subsequent to July 1, 1986, to receive disaster emergency loans under
section 321 of the Consolidated Farm and Rural Development Act (7 U.S.
C. 1961) as the result of drought, excessive heat, flood, hail, or
excessive moisture, and
(2) the Secretary of Agriculture shall make such payments (not to
exceed $100,000 to any individual producer) if the Secretary determines
that --
(A) the producer has suffered a substantial loss of production
due to drought, excessive heat, flood, hail, or excessive
moisture, and
(B) such loss has created an economic emergency for the
producer to the extent that additional assistance must be made
available to alleviate such economic emergency, and
(c) Within 30 days following the enactment of this Act the Secretary
of Agriculture shall issue such rules and regulations as the Secretary
determines necessary to carry out the program authorized by subsections
(a) and (b) of this section. Such regulations shall provide that the
term "nonprogram crops" shall include all crops insured directly or
indirectly by the Federal Crop Insurance Corporation for crop year 1986,
and in addition --
(1) the term shall include other commercial crops for which
such insurance was not available for purchase or, if available was
not purchased by such by producers for crop year 1986, if --
(A) in accordance with rules and regulations issued by the
Secretary of Agriculture, the producer of such crop(s) provides
satisfactory evidence of actual crop yield for at least one of the
immediately preceding 3 crop years: Provided, That in the event
such data does not exist for any of the three preceding crop years
the Secretary shall use county average crop yield data; and
(B) that the producer of such crop(s) also provides
satisfactory evidence of 1986 crop year losses resulting from
drought, excessive heat, flood, excessive moisture, or hail
exceeding 50 per centum of the crop yield established in
subparagraph (A) of this paragraph, and
(2) that payments made available to producers of such crops
shall be based upon the average market prices received by
producers of such crops, as determined by the Secretary.
(d)(1) The Secretary shall carry out the program authorized by this
proviso through the Commodity Credit Corporation.
(2) Applications for payments made in accordance with this proviso
must be filed by January 31, 1987.
(3) Payments made by the Secretary of Agriculture to eligible
producers under this section shall be made as soon as practicable but
not later than 45 days following the producer's application.
(e)(1) The Secretary of Agriculture shall reduce the amount of funds
available for emergency insured and guaranteed loans to meet the needs
resulting from natural disasters from funds in the Agricultural Credit
Insurance Fund by $400,000,000.
(2) For purposes of making payments in accordance with this proviso,
there is transferred to the Commodity Credit Corporation $400,000,000
from funds in the Agricultural Credit Insurance Fund.
SEC. 634. Notwithstanding any other provision of law, including
section 502(c)(2) of the Housing Act of 1949 (42 U.S.C. 1471 et seq.),
none of the funds appropriated under this or any other Act shall be used
prior to June 30, 1987 to accept prepayment of any loan made under
section 515 of the Housing Act of 1949, unless such loan was made at
least twenty years prior to the date of prepayment or, for loans made
before December 21, 1979, the Secretary makes a determination that a
supply of adequate, comparable housing is available in the community, or
that prepayment of such loans will not result in a substantial increase
in rents to tenants in residence upon date of prepayment or displacement
of such tenants.
SEC. 635. The Secretary of Agriculture may transfer surplus
agricultural commodities from inventory to the Department of Defense for
use in complementing support provided by the Department of Defense to
the Tenth International Pan American Games to be held in Indianapolis,
Indiana.
SEC. 636. The Food Security Act of 1985 is amended by inserting at
the end thereof the following new sentence: "Effective for each of the
1987 through 1990 crops, the Secretary may not deny a person status as a
separate person solely on the ground that a family member cosigns for,
or makes a loan to, such person and leases, loans, or gives such person
equipment, land or labor, if such family members were organized as
separate units prior to December 31, 1985."
SEC. 637. Section 106A(d)(1)(A) of the Agricultural Act of 1949 is
amended by --
(1) striking out the parenthetical phrase in clause (i);
(2) inserting "and" at the end of clause (i);
(3) striking out clause (ii); and,
(4) redesignating clause (iii) as clause (ii).
SEC. 638. (a) Clause (B) of the last sentence of section 5(e) of the
Food Stamp Act of 1977 (7 U.S.C. 2014(e)) is amended by striking out
"for the excess shelter expense deduction contained in clause (2)" and
inserting in lieu thereof "contained in clause (1)".
(b)(1) Except as provided in paragraphs (2) and (3), the amendment
made by subsection (a) shall become effective 30 days after the date of
enactment of this Act.
(2) Except as provided in paragraph (3), the amendment made by
subsection (a) shall not apply to an allotment issued to any eligible
household under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for
any month beginning before the effective date of this subsection.
(3) If a State elected before the date of enactment of this Act to
compute household income in accordance with section 5(e) of the Food
Stamp Act of 1977 (7 U.S.C. 2014(e)) (as amended by subsection (a)), the
amendment made by subsection (a) shall become effective on May 1, 1986.
SEC. 639. Section 108B(4)(A) of the Agricultural Act of 1949 (7 U.
S.C. 1445c-2(4)(A)) is amended by inserting after "additional peanuts"
the following: "(other than net gain on additional peanuts in separate
type pools established under paragraph (3)(B)(i) for Valencia peanuts
produced in New Mexico)".
SEC. 640. Section 623B(b)(2) of the Community Economic Development
Act of 1981 is amended by adding at the end thereof the following new
sentence: "Notwithstanding any other provision of law, any Utah or Ohio
local public body to which a loan was made after December 31, 1982, from
the Rural Development Loan Fund may, at the discretion of such local
public body and with the approval of the Secretary of Health and Human
Services, transfer such loan to a nonprofit corporation designated by
such body to serve as an intermediate borrower and to carry out the
purposes of the loan."
SEC. 641. (a) Section 1323(a)(1) of the Food Security Act of 1985 is
amended by striking out "September 30, 1986," and inserting in lieu
thereof "September 30, 1987,", and
(b) Section 1323(a) is further amended by adding at the end thereof a
new subsection --
"(5) Notwithstanding any provision to the contrary of
subsection (4) above, the $20,000,000 which was available pursuant
to subsection (4) shall continue to be available and shall be used
by the Secretary prior to September 30, 1987, to guarantee loans
for the national rural development and finance program and shall
remain available until expended.".
and,
(c) Section 1323(b)(1) of such Act is amended by striking out
"September 30, 1986," and inserting in lieu thereof "September 30,
1987,", and inserting the words "made or to be" after the word
"guarantees". Provided further, That such grant funds may be used by
such corporation to provide technical assistance and financial
assistance, including capitalizing revolving loan programs, pursuant to
the Act.
SEC. 642. During fiscal year 1987, the Commodity Credit Corporation
shall use $500,000 worth of surplus agricultural commodities owned by
the Corporation in establishing and carrying out a research and
development program on external combustion engines under section 4(m) of
the Commodity Credit Corporation Charter Act. In addition to any sales
required under any other Act, the Secretary of Agriculture, under such
terms as the Secretary may prescribe, shall sell notes and other
obligations held in the Rural Development Insurance Fund established
under section 309A of the Consolidated Farm and Rural Development Act in
such amounts as to realize net proceeds to the Government of not less
than $500,000.
SEC. 643. Section 1231 of the Food Security Act of 1985 is amended
by adding at the end thereof the following new subsection:
"(f) For purposes of this subtitle, alfalfa and other multi-year
grasses and legumes in a rotation practice, as approved by the
Secretary, shall be considered agricultural commodities.".
SEC. 644. Paragraph (16) of section 103(h) of the Agricultural Act
of 1949 (7 U.S.C. 1444(h)(16)) is amended to read as follows:
"(16)(A) Notwithstanding any other provision of law, except as
provided in subparagraph (B), compliance on a farm with the terms and
conditions of any other commodity program may not be required as a
condition of eligibility for loans or payments under this subsection.
"(B) In the case of each of the 1989 and 1990 crops of extra long
staple cotton, the Secretary may require that, as a condition of
eligibility of producers for loans or payments under this subsection,
the acreage planted for harvest on the farm to any other commodity for
which an acreage limitation program is in effect shall not exceed the
crop acreage base established for the farm for that commodity.
"(C) Notwithstanding any other provision of law, in the case of each
of the 1987 and 1988 crops of extra long staple cotton, compliance with
the terms and conditions of the program authorized by this subsection
may not be required as a condition of eligibility for loans, purchases,
or payments under any other commodity program.".
SEC. 645. The fifth paragraph of section 8(b) of the Soil
Conservation and Domestic Allotment of Act (16 U.S.C. 590h(b)) (as
amended by section 3 of Public Law 99-253 (100 Stat. 36)) is amended --
(1) by inserting after the third sentence the following new
sentence: "Nothwithstanding the preceding sentence, there may be
1 local administrative area in any county for which there had been
established less than 3 local administrative areas as of December
23, 1985."; and
(2) in the sixth sentence (as it existed before the amendment
made by paragraph (1)), by striking out ": Provided," and all
that follows through the period and inserting in lieu thereof a
period.
SEC. 646. (1) It is the sense of the Senate that the Secretary of
Agriculture should make available not less than $10,000,000 worth of
flour and cornmeal using the wheat and cornstocks of the Commodity
Credit Corporation. Such flour and cornmeal shall be in addition to the
traditional level of assistance made available under section 1114 of the
Agriculture and Food Act of 1981, section 416(a) of the Agricultural Act
of 1949, section 4 of the Agriculture and Consumer Protection Act of
1973, and any other provision of law administered by the Secretary.
(2)(a) During the three-year period beginning with the fiscal year
ending September 30, 1987, through the fiscal year ending September 30,
1989, the Secretary of Agriculture shall make available to PVO's and
cooperatives and to governments a total of at least 500,000 metric tons
of wheat, 500,000 metric tons of soybeans, and 50 million pounds of
dairy products under paragraph (11)(B) of section 416(b) of such Act.
(b) Commodities made available under this section during any fiscal
year shall be --
(1) subject to the agreement of recipient nations --
(A) to acquire through commercial arrangements agricultural
commodities directly or by private purchases during the fiscal
year in an amount equal to 105 percent of the average amount of
such agricultural commodities acquired through commercial
arrangements during the 3 preceding years.
(B) to permit the sale of commodities furnished under this
section in the recipient nation and to use the local currency
generated from such sales --
(i) by PVO's and cooperatives to carry out approved programs of
assistance in the recipient nation;
(ii) to operate lending programs in the manner provided for in
section 108 of Public Law 480; and
(iii) to reimburse the United States in dollars for costs
incurred in furnishing such commodities, including transportation
and processing, during the same fiscal year in which such costs
were incurred. Reimbursements under this paragraph may be made in
local currencies generated from the sale of the commodities under
this paragraph if they are used to pay expenses of the United
States in the recipient nation.
(2) No greater than such amounts as is requested by recipient
nation.
(c) To the extent practicable, commodities made available under this
section shall be furnished in equal quantities during each of these
fiscal years.
(d) It is the sense of Congress that commodities provided for in this
subsection be made available to PVO's and cooperatives operating in the
Republic of the Philippines, and the government of the Philippines.
(3)(a) During the three-year period beginning with the fiscal year
ending September 30, 1987, through the fiscal year ending September 30,
1989, the Secretary of Agriculture shall make available to the friendly
countries, under paragraph (b)(11)(A) of section 416 of the Agricultural
Act of 1949, at least 500,000 metric tons of wheat and 45 million pounds
of dairy products, notwithstanding paragraph (11)(c) of section 416(b)
of such Act.
(b) Commodities made available to a nation under this section during
any fiscal year shall be --
(1) subject to the agreement of the Nation --
(A) to acquire through commercial arrangements agricultural
commodities directly or by private purchases during the fiscal
year in an amount equal to 105 percent of the average amount of
such agricultural commodities acquired through commercial
arrangements during the preceding three years.
(B) to sell any commodities furnished under this section within
the nation and to use the local currencies generated from such
sales to (i) establish and carry out lending programs in such
nations in the manner provided for in section 108 of the
Agricultural Trade Development and Assistance Act of 1954 and (ii)
reimburse the United States in dollars for costs incurred in
furnishing such commodities, including costs incurred in
furnishing such commodities, including transportation and
processing, in the same fiscal year in which such costs were
incurred. Reimbursements under this paragraph may be made in
local currencies generated from the sale of the commodities under
paragraph (2) if they are used to pay expenses of the United
States in the recipient Nation.
(2) No greater than such amounts as is requested by such
governments.
(c) To the extent practicable, commodities made available under this
section shall be furnished in equal quantities during each of the three
fiscal years.
(d) For purchases of this section, the term "friendly countries"
shall have the same meaning as that term has under the Agricultural
Trade Development and Assistance Act of 1954.
(e) It is the sense of Congress that commodities provided for in this
subsection be made available to the Philippines and friendly countries
of Africa.
(4)(a) During the three-year period beginning with the fiscal year
ending September 30, 1987, through the fiscal year ending September 30,
1989, the Secretary of Agriculture shall make available to PVO's
cooperatives and governments, 460,000 metric tons of wheat, 137 million
pounds of dairy products, and 180,000 metric tons of soybeans; under
paragraph (11)(B) of section 416(b) of the Agricultural Act of 1949,
notwithstanding paragraph (11)(C) of section 416(b) of such Act.
(b) Commodities made available to a nation, or PVO's and cooperatives
operating in such nation, under this section during any fiscal year
shall be --
(1) subject to the agreement of the nation --
(A) to acquire through commercial arrangements agricultural
commodities directly or by private purchases during the fiscal
year in an amount equal to 105 percent of the average amount of
such agricultural commodities acquired through commercial
arrangements during the preceding three years;
(B) to permit the sale of commodities furnished under this
section within the nation and to use the local currencies
generated from such sales (i) by PVO's and cooperatives to carry
out approved programs of assistance in the country and (ii) to
operate lending programs in the manner provided for in section 108
of Public Law 480; and
(C) to reimburse the United States in dollars for costs
incurred in furnishing such commodities, including transportation
and processing, in the same fiscal year in which such costs were
incurred. Reimbursements under this paragraph may be made in
local currencies generated from the sale of the commodities under
paragraph (2) if they are used to pay expenses of the United
States in the recipient nation.
(2) No greater than such amounts as is requested by such
government.
(c) To the extent practicable, commodities made available under this
section shall be furnished in equal quantities during each of the three
fiscal years.
(d) For purposes of this section, the term "friendly countries" shall
have the same meaning as that term has under the Agricultural Trade
Development and Assistance Act of 1954.
(e) It is the sense of Congress that of the commodities made
available under this subsection --
(1) 400,000 metric tons of wheat, 80 million pounds of dairy
products and 180,000 metric tons of soybeans be made available to
Nigeria;
(2) 1 million metric tons of wheat be made available to
friendly countries in Africa, other than Nigeria;
(3) 30,000 metric tons of soybeans, and 50 million pounds of
dairy products be made available to India; and
(4) 60,000 metric tons of wheat and 7 million pounds of dairy
products be made available to Bangladesh.
This Act may be cited as the "Agriculture, Rural Development, and
Related Agencies Appropriations Act, 1987".
(b) Such amounts as may be necessary for programs, projects or
activities provided for in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1987, at
a rate of operations and to the extent and in the manner provided as
follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 1987, and for other purposes.
For expenses necessary for the general administration of the
Department of Commerce, including not to exceed $2,000 for official
entertainment, $36,300,000.
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $90,780,000.
For expenses necessary to collect and publish statistics for periodic
censuses and programs provided for by law, $172,000,000, to remain
available until expended.
For necessary expenses, as authorized by law, of economic and
statistical analysis programs, $30,000,000.
For economic development assistance as provided by the Public Works
and Economic Development Act of 1965, as amended, and Public Law 91-304,
and such laws that were in effect immediately before September 30, 1982,
$180,443,000 of which $250,000 shall be obligated for the Center for
International Trade Development at Oklahoma State University: Provided,
That during fiscal year 1987 total commitments to guarantee loans shall
not exceed $150,000,000 of contingent liability for loan principal:
Provided further, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That notwithstanding any provision of title I of the Local
Public Works Capital Development and Investment Act of 1976, as amended
(Public Law 94-369), or any other provision of law to the contrary, any
funds authorized and appropriated under title I of such Act, as amended,
in any fiscal year for projects in New York, New York, but obligated as
of December 19, 1985 and not disbursed, shall remain available for
obligation and expenditure through March 31, 1988 for any authorized
project in New York, New York, until title I of such Act, as amended, or
for any project in New York, New York, determined to be eligible under
title I of the Public Works and Economic Development Act of 1965, as
amended, if the total amount of such funds is not finally determined by
October 15, 1986: Provided further, That notwithstanding any other
provision of law or a contract to the contrary, the SEDA-COG Joint Rail
Authority, Lewisburg, Pennsylvania, may sell any portion of the real
property that was acquired in part with proceeds of a grant from the
Economic Development Administration (grant number 01-19-02563) and may
retain all of the proceeds of any such sale so long as the proceeds are
used for purposes which meet the criteria of and are approved by the
Economic Development Administration: Provided further, That
notwithstanding any other provision of law or regulation, including
title I of the Public Works and Economic Development Act of 1965 as
amended, and OMB Circular A-102 Attachment N, the Administrator of the
Economic Development Administration is hereby directed to release,
without any further requirement or delay, the funds previously
appropriated in Public Law 99-190 to Lexington County, South Carolina,
as a direct grant: Provided further, That in addition to funds made
available pursuant to Public Law 99-190 for infrastructure projects and
economic development activities at the site of the General Motors plant
in the city of South Gate, California, such amounts as may be necessary
shall be available for this purpose such that the total amount of funds
available shall not exceed $431,012: Provided further, That in addition
to funds made available pursuant to Public Law 99-190 for infrastructure
projects and related economic development activities at the Jasper
Industrial Park in Jasper, Alabama, such amounts as may be necessary
shall be available for this purpose such that the total amount of funds
available shall not exceed $470,224.
For necessary expenses of administering the economic development
assistance programs as provided for by law, $25,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977. Notwithstanding any other provision of this Act or
any other law, funds appropriated in this paragraph shall be used to
fill and maintain forty-nine permanent positions designated as Economic
Development Representatives out of the total number of permanent
positions funded in the Salaries and Expenses account of the Economic
Development Administration for fiscal year 1987.
Of the funds available for Regional Development Program, "Regional
Development Programs", $1,576,000 are rescinded.
For necessary expenses for international trade activities of the
Department of Commerce, including trade promotional activities abroad
without regard to the provisions of law set forth in 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate families
of employees stationed overseas; employment of Americans and aliens by
contract for services abroad; rental of space abroad for periods not
exceeding ten years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition structures
for use abroad; payment of tort claims, in the manner authorized in the
first paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $253,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U. S.C. 401(b);
purchase of passenger motor vehicles for official use abroad and motor
vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law; $197,500,000, to remain available until expended,
of which $6,785,000 is for the Office of Textiles and Apparels,
including $3,349,000 for a grant to the Tailored Clothing Technology
Corporation and, of which $3,500,000 is for a grant for support costs
for a new materials center in Ames, Iowa: Provided, That the provisions
of the first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That none of the funds appropriated herein may be used for
activities associated with conferences, trade shows, expositions, and/or
seminars which feature or convey the advantages of relocating U.S.
industries, manufacturing and/or assembly plants, or companies, in a
foreign country.
Of available funds under this head provided for direct loans in
Public Law 98-411 and Public Law 99-180, $8,100,000 are rescinded.
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $39,675,000, of which $26,080,000 shall remain
available until expended: Provided, That not to exceed $13,595,000
shall be available for program management for fiscal year 1987:
Provided further, That none of the funds appropriated in this paragraph
or in this title for the Department of Commerce shall be available to
reimburse the fund established by 15 U.S.C. 1521 on account of the
performance of a program, project, or activity, nor shall such fund be
available for the performance of a program, project, or activity, which
had not been performed as a central service pursuant to 15 U.S.C. 1521
before July 1, 1982, unless the Appropriations Committees of both Houses
of Congress are notified fifteen days in advance of such action in
accordance with the Committees' reprogramming procedures.
For necessary expenses of the United States Travel and Tourism
Administration including travel and tourism promotional activities
abroad for travel to the United States and its possessions without
regard to the provisions of law set forth in 44 U.S.C. 3702 and 3703;
and carrying out the provisions of the 1981 Tourism Policy Act; and
including employment of American citizens and aliens by contract for
services abroad; rental of space abroad for periods not exceeding five
years, and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; advance of funds under contracts abroad; payment of tort
claims in the manner authorized in the first paragraph of 28 U.S.C.
2672, when such claims arise in foreign countries; and not to exceed
$8,000 for representation expenses abroad; $11,500,000.
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including acquisition,
maintenance, operation, and hire of aircraft; 399 commissioned officers
on the active list; construction of facilities, including initial
equipment; alteration, modernization, and relocation of facilities;
and acquisition of land for facilities; $1,038,588,000, to remain
available until expended, of which $27,500,000 shall be available only
for commercialization of the land remote sensing satellite system
subject to the approval of the House and Senate Committees on
Appropriations pursuant to section 607 of this Act; and in addition,
$29,000,000 shall be derived from the Airport and Airways Trust Fund;
and in addition, $51,800,000 shall be derived by transfer from the Fund
entitled "Promote and Develop Fishery Products and Research Pertaining
to American Fisheries"; and in addition, $9,673,000 shall be derived by
transfer from the Coastal Energy Impact Fund; and in addition
$1,800,000 shall be derived by transfer from the Fisheries Loan Fund:
Provided, That grants to States pursuant to section 306 and section
306(a) of the Coastal Zone Management Act, as amended, shall not exceed
$2,000,000 and shall not be less than $450,000: Provided further, That
of the funds appropriated in this paragraph, necessary funds shall be
used to fill and maintain a staff of three persons, as National Oceanic
and Atmospheric Administration personnel, to work on contracts and
purchase orders at the National Data Buoy Center in Bay St. Louis,
Mississippi, and report to the Director of the National Data Buoy Center
in the same manner and extent that such procurement functions were
performed at Bay St. Louis prior to June 26, 1983, except that they may
provide procurement assistance to other Department of Commerce
activities pursuant to ordinary interagency agreements. Where
practicable, these positions shall be filled by the employees who
performed such functions prior to June 26, 1983.
For carrying out the provisions of title IV of Public Law 95-372, not
to exceed $750,000, to be derived from receipts collected pursuant to
that Act, to remain available until expended.
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson Fishery Conservation and Management Act of 1976, as amended
(Public Law 94-265), and the American Fisheries Promotion Act (Public
Law 96-561), there are appropriated from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$2,000,000, to remain available until expended.
For expenses necessary to carry out the provisions of the Fishermen's
Protective Act of 1967, as amended, $1,800,000 to be derived from the
receipts collected pursuant to that Act, to remain available until
expended.
For necessary expenses of the Patent and Trademark Office, including
defense of suits instituted against the Commissioner of Patents and
Trademarks, $98,000,000 and, in addition, such fees as shall be
collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, to remain
availalbe until expended.
For necessary expenses of the National Bureau of Standards,
$122,000,000 to remain available until expended, of which not to exceed
$2,144,000 may be transferred to the "Working Capital Fund".
For necessary expenses, as provided for by law of the National
Telecommunications and Information Administration, $13,000,000 of which
$700,000 shall remain available until expended.
For grants authorized by section 392 of the Communications Act of
1934, as amended, $20,500,000 to remain available until expended:
Provided, That not to exceed $1,200,000 shall be available for program
management as authorized by section 391 of the Communications Act of
1934, as amended: Provided further, That notwithstanding the provisions
of section 391 of the Communications Act of 1934, as amended, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
SEC. 101. During the current fiscal year, applicable appropriations
and funds available to the Department of Commerce shall be available for
the activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by said Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advance payments not
otherwise authorized only upon the certification of officials designated
by the Secretary that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations to the
Department of Commerce which are available for salaries and expenses
shall be available for hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902).
SEC. 103. No funds in this title shall be used to sell to private
interests, except with the consent of the borrower, or contract with
private interests to sell or administer, any loans made under the Public
Works and Economic Development Act of 1965 or any loans made under
section 254 of the Trade Act of 1974.
SEC. 104. During the current fiscal year, the National Bureau of
Standards is authorized to accept contributions of funds, to remain
available until expended, from any public or private source to construct
a facility for cold neutron research on materials, notwithstanding the
limitations contained in 15 U.S.C. 278d.
This title may be cited as the "Department of Commerce Appropriation
Act, 1987".
For expenses necessary for the administration of the Department of
Justice, $67,000,000: Provided, That none of the funds in this Act
shall be used for positions for the Departmental Leadership offices of
the Department of Justice in excess of 56.
For necessary expenses of the United States Parole Commission, as
authorized by law, $10,300,000.
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of
the Attorney General and accounted for solely on this certificate; and
rent of private or Government-owned space in the District of Columbia;
$208,934,u00, of which not to exceed $6,000,000 for litigation support
contracts shall remain available until September 30, 1988: Provided,
That of the funds available in this appropriation, $1,537,000 shall be
available for office automation systems for the legal divisions covered
by this appropriation, and for the United States Attorneys and the
Antitrust Division, to remain available until expended: Provided
further, That of the funds appropriated to the Department of Justice in
title II of this Act, not to exceed $1,000,000, may be transferred to
this appropriation to pay expenses related to the activities of any
Independent Counsel appointed pursuant to 28 U.S.C. 591, et seq., upon
notification by the Attorney General to the Committees on Appropriations
of the House of Representatives and the Senate and approval under said
Committees' policies concerning the reprogramming of funds contained in
section 607 of this Act.
For expenses necessary for the enforcement of antitrust and kindred
laws, $43,000,000.
For necessary expenses of the Offices of the United States Attorneys,
$320,000,000.
For necessary expenses of the bankruptcy trustees, $11,500,000.
Effective immediately before November 10, 1986, section 408(c) of the
Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is amended
by striking out "November 10, 1986" and inserting in lieu thereof
"September 30, 1987".
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5 U.
S.C. 3109; allowances and benefits similar to those allowed under the
Foreign Service Act of 1980 as determined by the Commission; expenses
of packing, shipping, and storing personal effects of personnel assigned
abroad; rental or lease, for such periods as may be necessary, of
office space and living quarters of personnel assigned abroad;
maintenance, improvements, and repair of properties rented or leased
abroad, and furnishing fuel, water, and utilities for such properties;
insurance on official motor vehicles abroad; advances of funds abroad;
advances or reimbursements to other Government agencies for use of their
facilities and services in carrying out the functions of the Commission;
hire of motor vehicles for field use only; and employment of aliens;
$564,000.
For necessary expenses of the United States Marshals Service;
including acquisition, lease, maintenance, and operation of vehicles and
aircraft, $142,000,000
For support of United States prisoners in non-Federal institutions,
$50,000,000; and in addition, $5,000,000 shall be available under the
Cooperative Agreement Program until expended for the purposes of
renovating, constructing, and equipping State and local correctional
facilities: Provided, That amounts made available for constructing any
local correctional facility shall not exceed the cost of constructing
space for the average Federal prisoner population to be housed in the
facility, or in other facilities in the same correctional system, as
projected by the Attorney General: Provided further, That following
agreement on or completion of any Federally assisted correctional
facility construction, the availability of the space acquired for
Federal prisoners with these Federal funds shall be assured and the per
diem rate charged for housing Federal prisoners in the assured space
shall not exceed operating costs for the period of time specified in the
cooperative agreement: Provided further, That funds earmarked for the
support of United States prisoners in non-Federal institutions in the
Department of Justice Appropriations Acts, 1984 and 1985, that remain
unobligated at the end of fiscal year 1986, are restored effective
immediately before September 30, 1986, for the purpose of liquidating
any 1986 obligations for that activity that cannot be funded from 1986
appropriations.
For expenses, mileage, compensation, and per diems of witnesses and
for per diems in lieu of subsistence, as authorized by law, including
advances; $52,187,000, to remain available until expended, of which not
to exceed $1,350,000 may be made available for planning, construction,
renovation, maintenance, remodeling, and repair of buildings and the
purchase of equipment incident thereto for protected witness safesites.
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $29,637,000 of
which $23,266,000 shall remain available until expended to make payments
in advance for grants, contracts and reimbursable agreements and other
expenses necessary under section 501(c) of the Refugee Education
Assistance Act of 1980 (Public Law 96-422; 94 Stat. 1809) for the
processing, care, maintenance, security, transportation and reception
and placement in the United States of Cuban and Haitian entrants:
Provided, That notwithstanding section 501(e)(2)(B) of the Refugee
Education Assistance Act of 1980 (Public Law 96-422; 94 Stat. 1810),
funds may be expended for assistance with respect to Cuban and Haitian
entrants as authorized under section 501(c) of such Act.
For expenses necessary for detection, investigation, and prosecution
of crimes against the United States; including purchase for police-type
use of not to exceed one thousand five hundred seventy-nine passenger
motor vehicles of which one thousand four hundred fifty will be for
replacement only, without regard to the general purchase price
limitation for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of aircraft;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General, and to be accounted for solely on his certificate;
$1,260,000,000, of which not to exceed $10,000,000 for automated data
processing and telecommunications and $1,000,000 for undercover
operations shall remain available until September 30, 1988; of which
$3,000,000 for research related to investigative activities shall remain
available until expended; and of which not to exceed $500,000 is
authorized to be made available for making payments or advances for
expenses arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to terrorism: Provided, That notwithstanding the
provisions of title 31 U.S.C. 3302, the Director of the Federal Bureau
of Investigation may establish and collect fees to process fingerprint
identification records for noncriminal employment and licensing
purposes, and credit not more than $15,500,000 of such fees to this
appropriation to be used for salaries and other expenses incurred in
providing these services: Provided further, That not to exceed $45,000
shall be available for official reception and representation expenses:
Provided further, That $13,800,000 for the expansion and renovation of
the New York field office shall remain available until expended.
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General, and to be accounted for solely on his certificate;
purchase of not to exceed five hundred seventy-five passenger motor
vehicles of which four hundred eighty-nine are for replacement only for
police-type use without regard to the general purchase price limitation
for the current fiscal year; and acquisition, lease, maintenance, and
operation of aircraft; $412,000,000 of which not to exceed $1,200,000
for research shall remain available until expended and not to exceed
$1,700,000 for purchase of evidence and payments for information shall
remain available until September 30, 1988: Provided, That $140,000
shall only be available for the establishment and operation of an office
in Hilo, Hawaii: Provided further, That notwithstanding section 1345 of
title 31, United States Code, funds made available to the Drug
Enforcement Administration in any fiscal year may be used for travel,
transportation, and subsistence expenses of State, county and local law
enforcement officers attending conferences, meeting, and training
courses at the FBI Academy, Quantico, Virginia.
For necessary expenses of the Drug Enforcement Administration for
planning, construction, renovation, maintenance, remodeling, and repair
of buildings and the purchase of equipment incident thereto for an all
source intelligence center, $7,500,000, to remain available until
expended: Provided, That such funds shall be available for obligation
upon submission by the Attorney General to the Committees on
Appropriations no later than July 1, 1987, of a reprogramming request in
accordance with section 607 of this Act which sets forth specific
details for the use of such funds.
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed $50,000
to meet unforeseen emergencies of a confidential character, to be
expended under the direction of the Attorney General and accounted for
solely on his certificate; purchase for police-type use (not to exceed
four hundred ninety, all of which shall be for replacement only) and
hire of passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; and research related to immigration enforcement;
$593,000,000 of which not to exceed $400,000 for research shall remain
available until expended: Provided, That none of the funds available to
the Immigration and Naturalization Service shall be available for
administrative expenses to pay any employee overtime pay in an amount in
excess of $25,000 except in such instances when the Commissioner makes a
determination that this restriction is impossible to implement:
Provided further, That uniforms may be purchased without regard to the
general purchase price limitation for the current fiscal year: Provided
further, That no funds appropriated in this Act may be used to implement
Immigration and Naturalization Service reorganization proposals which
would have the purpose of or would result in the closing of the Northern
Regional Office of the Immigration and Naturalization Service at Fort
Snelling, Minnesota: Provided further, That effective immediately
before September 30, 1986, $3,385,000 made available for "Construction"
for the Immigration and Naturalization Service in Public Law 99-88 shall
be available for the Immigration and Naturalization Service, "Salaries
and Expenses".
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed forty of which thirty are for replacement only)
and hire of law enforcement and passenger motor vehicles; $598,807,000:
Provided, That there may be transferred to the Health Resources and
Services Administration such amounts as may be necessary, in the
discretion of the Attorney General, for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That uniforms may be
purchased without regard to the general purchase price limitation for
the current fiscal year.
For carrying out the provisions of sections 4351-4353 of title 18,
United States Code, which established a National Institute of
Corrections, $9,000,000, to remain available until expended.
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$122,511,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the program set forth in
the budget for the current fiscal year for such corporation, including
purchase of not to exceed five (for replacement only) and hire of
passenger motor vehicles.
Not to exceed $2,157,000 of the funds of the corporation shall be
available for its administrative expenses, and not to exceed $7,208,000
for the expenses of vocational training of prisoners, both amounts to be
available for services as authorized by 5 U.S.C. 3109, and to be
computed on an accrual basis to be determined in accordance with the
corporation's prescribed accounting system in effect on July 1, 1946,
and such amounts shall be exclusive of depreciation, payment of claims,
and expenditures which the said accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Justice Assistance Act of 1984, Runaway Youth and
Missing Children Act Amendments of 1984, and the Missing Children
Assistance Act including salaries and expenses in connection therewith,
$115,368,000 and of the unobligated funds previously appropriated for
the Juvenile Justice and Delinquency Prevention Act, other than funds
subject to provisions of sections 222(b), 223(d), and 228(e) of title II
of such Act, $3,500,000 shall be made available for programs authorized
under parts D and E of the Justice Assistance Act of 1984, all funds
appropriated herein to remain available until expended; and for grants,
contracts, cooperative agreements, and other assistance authorized by
title II of the Juvenile Justice and Delinquency Prevention Act of 1974,
as amended, including salaries and expenses in connection therewith,
$70,282,000 to remain available until expended. In addition, $5,000,000
for the purpose of making grants to States for their expenses by reason
of Mariel Cubans having to be incarcerated in State facilities for terms
requiring incarceration for the full period October 1, 1986 through
September 30, 1987, following their conviction of a felony committed
after having been paroled into the United States by the Attorney
General: Provided, That within thirty days of enactment of this Act the
Attorney General shall announce in the Federal Register that this
appropriation will be made available to the States whose Governors
certify by February 1, 1987, a listing of names of such Mariel Cubans
incarcerated in their respective facilities: Provided further, That the
Attorney General, not later than April 1, 1987, will complete his review
of the certified listings of such incarcerated Mariel Cubans, and make
grants to the States on the basis that the certified number of such
incarcerated persons in a State bears to the total certified number of
such incarcerated persons: Provided further, That the amount of
reimbursements per prisoner per annum shall not exceed $12,000. Not to
exceed $64,000,000 shall be obligated during fiscal year 1987 for victim
compensation and assistance programs, notwithstanding section 1402,
1403, or 1404 of the Victims of Crime Act of 1984 (Public Law 98-473).
SEC. 201. A total of not to exceed $75,000 from funds appropriated
to the Department of Justice in this title shall be available for
official reception and representation expenses in accordance with
distributions, procedures, and regulations established by the Attorney
General.
SEC. 202. Notwithstanding any other provision of law or this Act,
materials produced by convict labor may be used in the construction of
any highways or portion of highways located on Federal-aid systems, as
described in section 103 of title 23, United States Code.
SEC. 203. Appropriations for "Salaries and expenses, General
Administration", "Salaries and expenses, United States Marshals
Service", "Salaries and expenses, Federal Bureau of Investigation",
"Salaries and expenses, Drug Enforcement Administration", "Salaries and
expenses, Immigration and Naturalization Service", and "Salaries and
expenses, Federal Prison System", shall be available for uniforms and
allowances therefor as authorized by law (5 U.S.C. 5901-5902).
SEC. 204. (a) Subject to subsection (b) of this section, authorities
contained in Public Law 96-132, "The Department of Justice Appropriation
Authorization Act, Fiscal Year 1980", shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
(b)(1) With respect to any undercover investigative operation of the
Federal Bureau of Investigation or the Drug Enforcement Administration
which is necessary for the detection and prosecution of crimes against
the United States or for the collection of foreign intelligence or
counter-intelligence --
(A) sums authorized to be appropriated for the Federal Bureau
of Investigation and for the Drug Enforcement Administration, for
fiscal year 1987, may be used for purchasing property, buildings,
and other facilities, and for leasing space, within the United
States, the District of Columbia, and the territories and
possessions of the United States, without regard to section 1341
of title 31 of the United States Code, section 3732(a) of the
Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June
30, 1949 (63 Stat. 396; 31 U.S.C. 255), the third undesignated
paragraph under the heading "Miscellaneous" of the Act of March 3,
1877 (19 Stat 370; 40 U.S.C. 34), section 3324 of title 31 of the
United States Code, section 3741 of the Revised Statutes (41
U.S.C. 22), and subsections (a) and (c) of section 304 of the
Federal Property and Administrative Service Act of 1949 (63 Stat.
395; 41 U.S.C. 254 (a) and (c)),
(B) sums authorized to be appropriated for the Federal Bureau
of Investigation and for the Drug Enforcement Administration, for
fiscal year 1987, may be used to establish or to acquire
proprietary corporations or business entities as part of an
undercover investigative operation, and to operate such
corporations or business entities on a commercial basis, without
regard to section 9102 of title 31 of the United States Code.
(C) sums authorized to be appropriated for the Federal Bureau
of Investigation and for the Drug Enforcement Administration, for
fiscal year 1987, and the proceeds from such undercover operation,
may be deposited in banks or other financial institutions, without
regard to section 648 of title 18 of the United States Code and
section 3302 of title 31 of the United States Code, and
(D) proceeds from such undercover operation may be used to
offset necessary and reasonable expenses incurred in such
operation, without regard to section 3302 of title 31 of the
United States Code.
only, in operations designed to detect and prosecute crimes against the
United States, upon the written certification of the Director of the
Federal Bureau of Investigation (or, if designated by the Director, a
member of the Undercover Operations Review Committee established by the
Attorney General in the Attorney General's Guidelines on Federal Bureau
of Investigation Undercover Operations, as in effect on July 1, 1983) or
the Administrator of the Drug Enforcement Administration, as the case
may be, and the Attorney General (or, with respect to Federal Bureau of
Investigation undercover operations, if designated by the Attorney
General, a member of such Review Committee), that any action authorized
by subparagraph (A), (B), (C), or (D) is necessary for the conduct of
such undercover operation. If the undercover operation is designed to
collect foreign intelligence or counterintelligence, the certification
that any action authorized by subparagraph (A), (B), (C), or (D) is
necessary for the conduct of such undercover operation shall be by the
Director of the Federal Bureau of Investigation (or, if designated by
the Director, the Assistant Director, Intelligence Division) and the
Attorney General (or, if designated by the Attorney General, the Counsel
for Intelligence Policy). Such certification shall continue in effect
for the duration of such undercover operation, without regard to fiscal
years.
(2) As soon as the proceeds from an undercover investigative
operation with respect to which an action is authorized and carried out
under subparagraphs (C) and (D) of subsection (a) are no longer
necessary for the conduct of such operation, such proceeds or the
balance of such proceeds remaining at the time shall be deposited in the
Treasury of the United States as miscellaneous receipts.
(3) If a corporation or business entity established or acquired as
part of an undercover operation under subparagraph (B) of paragraph (1)
with a net value of over $50,000 is to be liquidated, sold, or otherwise
disposed of, the Federal Bureau of Investigation or the Drug Enforcement
Administration, as much in advance as the Director or the Administrator,
or the designee of the Director or the Administrator, determines is
practicable, shall report the circumstances to the Attorney General and
the Comptroller General. The proceeds of the liquidation, sale, or
other disposition, after obligations are met, shall be deposited in the
Treasury of the United States as miscellaneous receipts.
(4)(A) The Federal Bureau of Investigation or the Drug Enforcement
Administration, as the case may be, shall conduct a detailed financial
audit of each undercover investigative operation which is closed in
fiscal year 1987 --
(i) submit the results of such audit in writing to the Attorney
General, and
(ii) not later than 180 days after such undercover operation is
closed, submit a report to the Congress concerning such audit.
(B) The Federal Bureau of Investigation and the Drug Enforcement
Administration shall each also submit a report annually to the Congress
specifying as to their respective undercover investigative operations --
(i) the number, by programs, of undercover investigative
operations pending as of the end of the one-year period for which
such report is submitted,
(ii) the number, by programs, of undercover investigative
operations commenced in the one-year period preceding the period
for which such report is submitted, and
(iii) the number, by programs, of undercover investigative
operations closed in the one-year period preceding the period for
which such report is submitted and, with respect to each such
closed undercover operation, the results obatined. With respect
to each such closed undercover operation which involves any of the
sensitive circumstances specified in the Attorney General's
Guidelines on Federal Bureau of Investigation Undercover
Operations, such report shall contain a detailed description of
the operation and related matters, including information
pertaining to --
(I) the results,
(II) any civil claims, and
(III) identification of such sensitive circumstances involved,
that arose at any time during the course of such undercover
operation.
(5) For purposes of paragraph (4) --
(A) the term "closed" refers to the earliest point in time at
which --
(i) all criminal proceedings (other than appeals) are
concluded, or
(ii) covert activities are concluded, whichever, occurs later,
(B) the term "employees" means employees, as defined in section
2105 of title 5 of the United States Code, of the Federal Bureau
of Investigation, and
(C) the terms "undercover investigative operation" and
"undercover operation" means any undercover investigative
operation of the Federal Bureau of Investigation or the Drug
Enforcement Administration (other than a foreign
counterintelligence undercover investigative operation) --
(i) in which --
(I) the gross receipts (excluding interest earned) exceed
$50,000, or
(II) expenditures (other than expenditures for salaries of
employees) exceed $150,000, and
(ii) which is exempt from section 3302 or 9102 of title 31 of
the United States Code,
except that clauses (i) and (ii) shall not apply with respect to the
report required under subparagraph (B) of such paragraph.
SEC. 205. Section 286 of the Immigration and Nationality Act of 1952
(8 U.S.C. 1356) is amended by inserting after subsection (c) the
following subsections:
"(d) SCHEDULE OF FEES. -- In addition to any other fee authorized by
law, the Attorney General shall charge and collect $5 per individual for
the immigration inspection of each passenger arriving at a port of entry
in the United States, or for the preinspection of a passenger in a place
outside of the United States prior to such arrival, aboard a commercial
aircraft or commercial vessel.
"(e) LIMITATIONS ON FEES. -- (1) No fee shall be charged under
subsection (d) for immigration inspection or preinspection provided in
connection with the arrival of any passenger whose journey originated in
the following:
"(A) Canada,
"(B) Mexico,
"(C) a territory or possession of the United States, or
"(D) any adjacent island (within the meaning of section 101(
b)(5) of this title).
"(2) No fee may be charged under subsection (d) with respect to the
arrival of any passenger --
"(A) who is in transit to a destination outside the United
States, and
"(B) for whom immigration inspection services are not provided.
"(f) COLLECTION. -- (1) Each person that issues a document or ticket
to an individual for transportation by a commercial vessel or commercial
aircraft into the United States shall --
"(A) collect from that individual the fee charged under
subsection (d) at the time the document or ticket is issued; and
"(B) identify on that document or ticket the fee charged under
subsection (d) as a Federal inspection fee.
"(2) If --
"(A) a document or ticket for transportation of a passenger
into the United States is issued in a foreign country; and
"(B) the fee charged under subsection (d) is not collected at
the time such document or ticket is issued;
the person providing transportation to such passenger shall collect such
fee at the time such passenger departs from the United States and shall
provide such passenger a receipt for the payment of such fee.
"(3) The person who collects fees under paragraph (1) or (2) shall
remit those fees to the Attorney General at any time before the date
that is thirty-one days after the close of the calendar quarter in which
the fees are collected. Regulations issued by the Attorney General
under this subsection with respect to the collection of the fees charged
under subsection (d) and the remittance of such fees to the Treasury of
the United States shall be consistent with the regulations issued by the
Secretary of the Treasury for the collection and remittance of the taxes
imposed by subchapter C of chapter 33 of the Internal Revenue Code of
1954, but only to the extent the regulations issued with respect to such
taxes do not conflict with the provisions of this section.
"(g) PROVISION OF IMMIGRATION INSPECTION AND PREINSPECTION SERVICES.
-- Notwithstanding section 1353(a) of this title, or any other provision
of law, the immigration services required to be provided to passengers
upon arrival in the United States on scheduled airline flights shall be
adequately provided when needed and at no cost (other than the fees
imposed under subsection (d)) to airlines and airline passengers at:
"(1) immigration serviced airports, and
"(2) places located outside of the United States at which an
immigration officer is stationed for the purpose of providing such
immigration services.
"(h) DISPOSITION OF RECEIPTS. -- (1)(A) All of the fees collected
under subsection (d) shall be deposited in a separate account within the
general fund of the Treasury of the United States. Such account shall
be known as the 'Immigration User Fee Account.' At the end of each
2-year period, beginning with the creation of this account, the Attorney
General, following a public rulemaking with opportunity for notice and
comment, shall submit a report to the Congress concerning the status of
the account, including any balances therein, and recommend any
adjustment in the prescribed fee that may be required to ensure that the
receipts collected from the fee charged for the succeeding two years
equal, as closely as possible, the cost of providing these services.
"(B) Notwithstanding any other provisions of law, all fines,
penalties, liquidated damages or expenses collected pursuant to sections
271 and 273 of this title shall be deposited in the 'Immigration User
Fee Account.'
"(2)(A) The Secretary of the Treasury shall refund out of the
Immigration User Fee Account to any appropriation the amount paid out of
such appropriation for expenses incurred by the Attorney General in
providing immigration inspection and preinspection services for
commercial aircraft or vessels and:
"(i) providing overtime immigration inspection services for
commercial aircraft or vessels;
"(ii) administration of debt recovery, including the
establishment and operation of a national collections office;
"(iii) expansion, operation and maintenance of information
systems for nonimmigrant control and debt collection;
"(iv) detection of fraudulent documents used by passengers
traveling to the United States;
"(v) providing detention and deportation services for
excludable aliens arriving on commercial aircraft and vessels.
"(B) The amounts which are required to be refunded under subparagraph
(A) shall be refunded at least quarterly on the basis of estimates made
by the Attorney General of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subsequently refunded
under subparagraph (A) to the extent prior estimates were in excess of,
or less than, the amount required to be refunded under subparagraph (A).
"(i) Notwithstanding any other provision of law, the Attorney General
is authorized to receive reimbursement from the owner, operator, or
agent of a private or commercial aircraft or vessel, or from any airport
or seaport authority for expenses incurred by the Attorney General in
providing immigration inspection services which are rendered at the
request of such person or authority (including the salary and expenses
of individuals employed by the Attorney General to provide such
immigration inspection services). The Attorney General's authority to
receive such reimbursement shall terminate immediately upon the
provision for such services by appropriation.
"(j) REGULATIONS. -- The Attorney General may prescribe such rules
and regulations as may be necessary to carry out the provisions of this
section.
"(k) ADVISORY COMMITTEE. -- In accordance with the provisions of the
Federal Advisory Committee Act, the Attorney General shall establish an
advisory committee, whose membership shall consist of representatives
from the airline and other transportation industries who may be subject
to any fee or charge authorized by law or proposed by the Immigration
and Naturalization Service for the purpose of covering expenses incurred
by the Immigration and Naturalization Service. The advisory committee
shall meet on a periodic basis and shall advise the Attorney General on
issues related to the performance of the inspectional services of the
Immigration and Naturalization Service. This advice shall include, but
not be limited to, such issues as the time periods during which such
services should be performed, the proper number of deployment of
inspection officers, the level of fees, and the appropriateness of any
proposed fee. The Attorney General shall give substantial consideration
to the views of the advisory committee in the exercise of his duties.
"(1) EFFECTIVE DATES. -- (1) The provisions of this section and the
amendments made by this section, shall apply with respect to immigration
inspection services rendered after November 30, 1986.
"(2) Fees may be charged under subsection (d) only with respect to
immigration inspection services rendered in regard to arriving
passengers using transportation for which documents or tickets were
issued after November 30, 1986".
SEC. 206. Section 232 (8 U.S.C. 1222) is amended by striking "on
board the vessel or at the airport" and all that follows through "as
circumstances may require or justify," and inserting in lieu thereof "by
the Attorney General", and section 233 (8 U.S.C. 1223) is repealed.
SEC. 207. Section 1203 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796(b)) is amended --
(1) in subsection (3) by striking the semicolon at the end
thereof and inserting in lieu thereof "and an officially
recognized or designated public employee member of a rescue squad
or ambulance crew who was responding to a fire, rescue or police
emergency;"; and
(2) in subsection (7) by striking all after the words "law
enforcement officer" and inserting ", a firefighter, or rescue
squad or ambulance crew"
SEC. 208. (a) None of the funds appropriated or otherwise made
available in this title may be available for the performance of any
pre-inspection activities by the Immigration and Naturalization Service
(1) at Shannon International Airport in Ireland or (2) at Gander Airport
in Newfoundland.
(b) The General Accounting Office shall conduct a comprehensive
analysis of the trial pre-inspection program conducted by the
Immigration and Naturalization Service at Shannon International Airport
from July 1, 1986 to October 31, 1986, and shall issue a report to
Congress by April 30, 1987. The report shall include an evaluation of
the economic impact on American airports and of whether pre-inspection
is a cost-effective means of facilitating international air travel and
enhancing law enforcement.
SEC. 209. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
SEC. 210. The Director of the Federal Bureau of Investigation and
the Administrator of the Drug Enforcement Administration shall not
establish and collect fees to provide training to State and local law
enforcement officers at the FBI National Academy. Any fees collected
for training of State and local law enforcement officers, shall be
reimbursed to the appropriate official or agency. In addition, the
Director of the National Institute of Corrections shall not establish
and collect fees to provide training to State and local officers which
was not provided on a reimbursable basis prior to October 1, 1986.
This title may be cited as the "Department of Justice Appropriation
Act, 1987".
For necessary expenses of the Department of State and the Foreign
Service, not otherwise provided for, including obligations of the United
States abroad pursuant to treaties, international agreements, and
binational contracts (including obligations assumed in Germany on or
after June 5, 1945), expenses authorized by section 9 of the Act of
August 31, 1964, as amended (31 U.S.C. 3721), and section 2 of the State
Department Basic Authorities Act of 1956, as amended (22 U.S.C. 2669);
telecommunications; not to exceed $4,000,000 for expenses necessary for
the Inspector General of the Department of State, pursuant to the
Inspector General Act of 1978; expenses necessary to provide maximum
physical security in Government-owned and leased properties and vehicles
abroad; permanent representation to certain international organizations
in which the United States participates pursuant to treaties,
conventions, or specific Acts of Congress; acquisition by exchange or
purchase of vehicles as authorized by law, except that special
requirement vehicles may be purchased without regard to any price
limitation otherwise established by law; $1,527,000,000.
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), and for
representation by United States missions to the United Nations and the
Organization of American States, $4,460,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314), and to provide for the
protection of foreign missions in accordance with the provisions of 3
U.S.C. 208, $9,100,000.
For necessary expenses for carrying out the Foreign Service Buildings
Act of 1926, as amended (22 U.S.C. 292-300), $440,000,000, of which
$15,000,000 shall become available for expenditure on October 1, 1987,
to remain available until expended: Provided, That the funds
appropriated in this paragraph shall be available subject to the
approval of the House and Senate Committees on Appropriations under said
Committees' policies concerning the reprogramming of funds contained in
House Report 99-669: Provided further, That balances of previous
appropriations for "Acquisition, operation, and maintenance of buildings
abroad" shall be transferred to and merged with this appropriation:
Provided further, That up to $1,000,000 shall be available for transfer
under the Economy Act to the Director of the National Bureau of
Standards for the purpose of conducting an independent analysis of the
new United States embassy office building being constructed in Moscow:
Provided further, That a report including this analysis, an assessment
of the current structure and recommendations and cost estimates for
correcting any structural flaws or construction defects shall be
transmitted by the Director of the National Bureau of Standards to the
Speaker of the House of Representatives and the President of the Senate
no later than April 15, 1987: Provided further, That beginning on
February 1, 1987, the Secretary of State shall report every six months
to the Speaker of the House of Representatives and the President of the
Senate on any failures during the past six months by Soviet agencies to
perform obligations to United States diplomats or United States missions
to the Soviet Union and the actions undertaken by the Department of
State to redress these failures.
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service to
be expended pursuant to the requirement of 31 U.S.C. 3526(e),
$4,000,000.
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8 (93 Stat. 14), $9,379,000.
For payment to the Foreign Service Retirement and Disability Fund, as
authorized by law, $127,398,000.
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, conventions, or specific Acts of Congress,
$385,000,000, of which $130,000,000, to remain available until expended,
shall become available for expenditure on October 1, 1987: Provided,
That none of the funds appropriated in this paragraph shall be available
for a United States contribution to an international organization for
the United States share of interest costs made known to the United
States Government by such organization for loans incurred on or after
October 1, 1984, through external borrowings.
For payments, not otherwise provided for, by the United States for
expenses of the United Nations peacekeeping forces, $29,400,000.
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, contributions for the United
States share of general expenses of international organizations and
representation to such organizations, and personal services without
regard to civil service and classification laws, $5,460,000, to remain
available until expended, of which not to exceed $200,000 may be
expended for representation as authorized by law.
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, conventions, or
specific Acts of Congress, as follows:
For necessary expenses for the United States Section of the United
States and Mexico International Boundary and Water Commission, and to
comply with laws applicable to the United States Section; and leasing
of private property to remove therefrom sand, gravel, stone, and other
materials, without regard to section 3709 of the Revised Statutes, as
amended (41 U.S.C. 5); as follows:
For salaries and expenses, not otherwise provided for, including
preliminary surveys, $10,800,000: Provided, That expenditures for the
Rio Grande bank protection project shall be subject to the provisions
and conditions contained in the appropriation for said project as
provided by the Act approved April 25, 1945 (59 Stat. 89): Provided
further, That the Anzalduas diversion dam shall not be operated for
irrigation or water supply purposes in the United States unless suitable
arrangements have been made with the prospective water users for
repayment to the Government of such portions of the cost of said dam as
shall have been allocated to such purposes by the Secretary of State:
Provided further, That not to exceed $500,000 of the amount appropriated
in this paragraph shall be available to reimburse the city of San Diego,
in the State of California, for expenses incurred in treating domestic
sewage received from the city of Tijuana, in the State of Baja
California, Mexico.
For detailed plan preparation and construction of authorized
projects, to remain available until expended, $3,900,000: Provided,
That activities for the New River Project may be financed from these
funds or from carry over balances under the heading, "International
Boundary and Water Commission, United States and Mexico, Construction".
For necessary expenses, not otherwise provided for, including not to
exceed $6,000 for representation, $3,700,000; for the International
Joint Commission, including salaries and expenses of the Commissioners
on the part of the United States who shall serve at the pleasure of the
President; salaries of employees appointed by the Commissioners on the
part of the United States with the approval solely of the Secretary of
State; travel expenses and compensation of witnesses; and the
International Boundary Commission, for necessary expenses, not otherwise
provided for, including expenses required by awards to the Alaskan
Boundary Tribunal and existing treaties between the United States and
Canada or Great Britain.
For necessary expenses for international fisheries commissions, not
otherwise provided for, $10,800,000: Provided, That the United States
share of such expenses may be advanced to the respective commissions.
For expenses, not otherwise provided for, to enable the United States
to participate in programs of scientific and technological cooperation
with Yugoslavia, $1,900,000, to remain available until expended.
For a grant to the Asia Foundation, $8,800,000, to remain available
until expended.
For expenses not otherwise provided to enable the Secretary of State
to reimburse private firms and American institutions of higher education
for research contracts and graduate training for development and
maintenance of knowledge about the Soviet Union and Eastern European
countries, $4,600,000.
SEC. 301. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by 5
U.S.C. 3109; and hire of passenger or freight transportation.
SEC. 302. The Secretary of State shall report to the appropriate
Committees of the Congress on the obligation of funds provided for
diplomatic security and related expenses every thirty days from the date
of enactment of this Act.
This title may be cited as the "Department of State Appropriation
Act, 1987".
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase, or hire, driving, maintenance and operation of an automobile
for the Chief Justice and not to exceed $10,000 for the purpose of
transporting Associate Justices, hire of passenger motor vehicles; not
to exceed $10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief Justice may
approve; $14,600,000.
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), including improvements, maintenance,
repairs, equipment, supplies, materials, and appurtenances; special
clothing for workmen; and personal and other services (including
temporary labor without regard to the Classification and Retirement
Acts, as amended), and for snow removal by hire of men and equipment or
under contract, and for security installations both without compliance
with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5);
$2,279,000, of which $375,000 shall remain available until expended.
For salaries of the chief judge, judges, and other officers and
employees, and for all necessary expenses of the court, $6,800,000.
For salaries of the chief judge and eight judges; salaries of the
officers and employees of the court; services as authorized by 5 U.S.
C. 3109; and necessary expenses of the court, including exchange of
books and traveling expenses, as may be approved by the court;
$7,000,000: Provided, That travel expenses of judges of the Court of
International Trade shall be paid upon written certificate of the judge.
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the Claims
Court, bankruptcy judges, magistrates, and all other officers and
employees of the Federal Judiciary not otherwise specifically provided
for, and all necessary expenses of the courts, including the purchase of
firearms and ammunition, $929,500,000, of which not to exceed
$160,000,000 shall be available for payment of charges for space and
facilities: Provided, That the number of staff attorneys to be
appointed in each of the courts of appeals shall not exceed the ratio of
one attorney for each authorized judgeship, exclusive of the seven
attorneys assigned preargument conference duties.
For the operation of Federal Public Defender and Community Defender
organizations, the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended, the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel, and the compensation of attorneys
appointed to represent jurors in civil actions for the protection of
their employment, as authorized by law; $68,378,000, to remain
available until expended.
For fees and expenses and refreshments of jurors; compensation of
jury commissioners; and compensation of commissioners appointed in
condemnation cases pursuant to Rule 71A(h) of the Federal Rules of Civil
Procedure; $44,635,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title 5,
United States Code.
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities;
$36,000,000, to be expended directly or transferred to the United States
Marshals Service which shall be responsible for administering elements
of the Judicial Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
For necessary expenses of the Administrative Office of the United
States Courts, including travel, advertising, hire of a passenger motor
vehicle, and rent in the District of Columbia and elsewhere,
$29,500,000, of which an amount not to exceed $5,000 is authorized for
official reception and representation expenses.
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $9,600,000.
For expenses to be incurred by the Judiciary for the observance of
the Bicentennial of the Constitution of the United States, $1,000,000,
to remain available until expended. Funds appropriated under this
heading in The Judiciary Appropriation Act, 1976, shall also be
available for this purpose.
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $5,800,000.
SEC. 401. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
SEC. 402. Appropriations made in this title shall be available for
salaries and expenses of the Temporary Emergency Court of Appeals
authorized by Public Law 92-210 and the Special Court established under
the Regional Rail Reorganization Act of 1973, Public Law 93-236.
SEC. 403. The position of Trustee Coordinator in the Bankruptcy
Courts of the United States shall not be limited to persons with formal
legal training.
SEC. 404. Notwithstanding any other provision of law, the
Administrative Office of the United States Courts, or any other agency
or instrumentality of the United States, is prohibited from restricting
solely to staff of the Clerks of the United States Bankruptcy Courts the
issuance of notices to creditors and other interested parties. The
Administrative Office shall permit and encourage the preparation and
mailing of such notices to be performed by or at the expense of the
debtors, trustees or such other interested parties as the Court may
direct and approve. The Administrator of the United States Courts shall
make appropriate provisions for the use of and accounting for any
postage required pursuant to such directives. The provisions of this
paragraph shall terminate on October 1, 1987.
SEC. 405. Such fees as shall be collected for the preparation and
mailing of notices in bankruptcy cases as prescribed by the Judicial
Conference of the United States pursuant to 28 U.S.C. 1930(b) shall be
deposited to the "Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses" appropriation to be used for salaries
and other expenses incurred in providing these services.
SEC. 406. Pursuant to section 140 of Public Law 97-92, during fiscal
year 1987, justices and judges of the United States shall receive the
same percentage increase in salary accorded to employees paid under the
General Schedule (pursuant to 5 U.S.C. 5305).
SEC. 407. (a) Section 1914(a) of title 28, United States Code, is
amended by striking out "$60" and inserting in lieu thereof "$120".
(b) Section 1930(a)(1) of title 28, United States Code, is amended by
striking out "$60" and inserting in lieu thereof "$90".
(c) Chapter 123 of title 28, United States Code, is amended by adding
at the end thereof the following: "Section 1931. Disposition of filing
fees
"The following portion of moneys paid to the clerk of court as filing
fees under this chapter shall be deposited into a special fund of the
Treasury to be available to offset funds appropriated for the operation
and maintenance of the courts of the United States as provided in annual
appropriation Acts:
"Under section 1914(a), $60.".
(d) The table of section headings preceding chapter 123 of title 28,
United States Code, is amended by adding at the end thereof the
following: "1931. Disposition of filing fees.".
This title may be cited as "The Judiciary Appropriation Act, 1987".
For the payment of obligations incurred for operating-differential
subsidies as authorized by the Merchant Marine Act, 1936, as amended,
$320,000,000, to remain available until expended.
For necessary expenses for research and development activities, as
authorized by law, $3,500,000, to remain available until expended.
For necessary expenses of operations and training activities
authorized by law, $64,000,000, to remain available until expended:
Provided, That reimbursements may be made to this appropriation from
receipts to the "Federal Ship Financing Fund" for administrative
expenses in support of that program.
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration and payments received by the Maritime Administration for
utilities, services, and repairs so furnished or made shall be credited
to the appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy on account
of items other than such utilities, services, or repairs shall be
covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine Act, 1936, or
otherwise, in excess of the appropriations and limitations contained in
this Act, or in any prior appropriation Act and all receipts which
otherwise would be deposited to the credit of said fund shall be covered
into the Treasury as miscellaneous receipts.
For necessary expenses, not otherwise provided for, for arms control
and disarmament activities, including not to exceed $48,000 for official
reception and representation expenses, authorized by the Act of
September 26, 1961, as amended (22 U.S.C. 2552 et seq.), $29,000,000.
For expenses of the Board for International Broadcasting, including
grants to RFE/RL, Inc., $140,000,000, of which not to exceed $52,000 may
be made available for official reception and representation expenses,
and of which $15,000,000, to remain available until expended, shall
become available for expenditure on October 1, 1987.
For the necessary expenses of the Christopher Columbus Quincentenary
Jubilee Commission, $220,000, to remain available until November 15,
1992.
For necessary expenses of the Commission on the Bicentennial of the
United States Constitution authorized by Public Law 98-101 (97 Stat.
719-723), $13,200,000, to remain available until expended, of which
$3,700,000 is for carrying out the provisions of Public Law 99-194,
including $2,700,000 for implementation of the National Bicentennial
Competition on the Constitution and the Bill of Rights and $1,000,000
for educational programs about the Constitution and the Bill of Rights
below the university level as authorized by such Act.
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $7,500,000, of which $2,000,000 is for
regional offices and $700,000 is for civil rights monitoring activities:
Provided, That not to exceed $20,000 may be used to employ consultants:
Provided further, That not to exceed $185,000 may be used to employ
temporary or special needs appointees: Provided further, That none of
the funds shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service, exclusive of one
special assistant for each Commissioner whose compensation shall not
exceed the equivalent of 150 billable days at the daily rate of a level
11 salary under the General Schedule: Provided further, That not to
exceed $40,000 shall be available for new, continuing or modifications
of contracts for performance of mission-related external services:
Provided further, That none of the funds shall be used to reimburse
Commissioners for more than 75 billable days, with the exception of the
Chairman who is permitted 125 billable days.
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $526,000 to remain
available until expended: Provided, That not to exceed $6,000 of such
amount shall be available for official reception and representation
expenses.
For necessary expenses of the Equal Employment Opportunity Commission
as authorized by title VII of the Civil Rights Act of 1964, as amended
(29 U.S.C. 206(d) and 621-634), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$20,000,000 for payments to State and local enforcement agencies for
services to the Commission pursuant to title VII of the Civil Rights
Act, as amended, and section 6 and 14 of the Age Discrimination in
Employment Act; $165,000,000.
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by law (5 U.S.C. 5901-02); not to exceed $700,000 for land
and structures; not to exceed $200,000 for improvement and care of
grounds and repair to buildings; not to exceed $3,000 for official
reception and representation expenses; purchase (not to exceed ten) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $95,000,000, of which not to exceed
$300,000 of the foregoing amount shall remain available until September
30, 1988, for research and policy studies: Provided, That
notwithstanding any other provision of law, the Federal Communications
Commission, during fiscal year 1987, may recover the costs incurred to
assess and collect charges authorized by section 5002 of Public Law
99-272 from receipts generated by such charges: Provided further, That
none of the funds appropriated to the Federal Communications Commission
by this Act may be used to diminish the number of VHF channel
assignments reserved for noncommercial educational television stations
in the Television Table of Assignments (section 73.606 of title 47, Code
of Federal Regulations): Provided further, That funds appropriated to
the Federal Communications Commission by this Act shall be used to
consider alternative means of administration and enforcement of the
Fairness Doctrine and to report to the Congress by September 30, 1987.
For necessary expenses of the Federal Maritime Commission, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.
C. 5901-02; $11,600,000: Provided, That not to exceed $1,500 shall be
available for official reception and representation expenses.
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-02;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses; the sum of $65,000,000: Provided, That the
funds appropriated in this paragraph are subject to the limitations and
provisions of sections 10(a) and 10(c) (notwithstanding section 10(e)),
11(b), 18 and 20 of the Federal Trade Commission Improvements Act of
1980 (Public Law 96-252; 94 Stat. 374): Provided further, That (a) The
Federal Trade Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, to the Committee on Energy
and Commerce of the House of Representatives and to the Appropriations
Committees of the Senate and House of Representatives the information
specified in subsection (b) of this section every 6 months during fiscal
year 1987. A report containing such information shall be submitted when
the Commission submits its annual report to the Congress during such
fiscal year, and such report may be included in the annual report. A
separate report containing such information shall be submitted 6 months
after the date of submission of any such annual report. Each such
report shall contain such information for the period since the last
submission under this section.
(b) Each such report shall list and describe, with respect to
instances in which predatory pricing practices have been suspected or
alleged --
(1) each complaint made, orally or in writing, to the offices
of the Commission;
(2) each preliminary investigation opened or closed at the
Commission;
(3) each formal investigation opened or closed at the
Commission;
(4) each recommendation for the issuance of a complaint
forwarded by the staff to the Commission;
(5) each complaint issued by the Commission;
(6) each opinion and order entered by the Commission;
(7) each consent agreement accepted provisionally or finally by
the Commission;
(8) each request for modification of an outstanding Commission
order filed with the Commission;
(9) each recommendation by staff pertaining to a request for
modification of an outstanding Commission order; and
(10) each disposition by the Commission of a request for
modification of an outstanding Commission order.
Such report shall include copies of all such consent agreements and
complaints executed by the Commission referred to in such report. Where
a matter has been closed or terminated, the report shall include a
statement of the reasons for that disposition. The descriptions
required under this subsection shall be as complete as possible but
shall not reveal the identity of persons or companies complained about
or those subject to investigation that have not otherwise been made
public. The report shall include any evaluation by the Commission of
the potential impacts of predatory pricing upon businesses (including
small businesses.)
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $33,900,000 of which $4,000,000 shall remain
available until expended for expenses related to relocation of the
Commission.
For expenses of the Japan-United States Friendship Commission as
authorized by Public Law 94-118, as amended, from the interest earned on
the Japan-United States Friendship Trust Fund, $1,408,000, to remain
available until expended; and an amount of Japanese currency not to
exceed the equivalent of $1,200,000 based on exchange rates at the time
of payment of such amounts, to remain available until expended:
Provided, That not to exceed a total of $2,500 of such amounts shall be
available for official reception and representation expenses.
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$305,500,000 of which $261,293,672 is for basic field programs,
$7,022,000 is for Native American programs, $9,698,000 is for migrant
programs, $1,339,800 is for program development and law school clinics,
$1,000,000 is for supplemental field programs, $623,964 is for regional
training centers, $376,036 is for training development and technical
assistance, $7,528,218 is for national support, $7,842,866 is for state
support, $865,000 is for the Clearinghouse, $510,444 is for computer
assisted legal research grants, and $7,400,000 is for Corporation
management and administration: Provided, That none of the funds
appropriated in this paragraph shall be expended for any purpose
prohibited or limited by or contrary to any of the provisions of Public
Law 99-180 and section 112 of Public Law 99-190: Provided further, That
the funds distributed to each grantee funded in fiscal year 1987
pursuant to the number of poor people determined by the Bureau of the
Census to be within its geographical area shall be distributed in the
following order:
(1) grants from the Legal Services Corporation and contracts
entered into with the Legal Services Corporation under section
1006(a)(1) shall be maintained in fiscal year 1987 at not less
than 1 percent more than the annual level at which each grantee
and contractor was funded in fiscal year 1986 or $8.30 per poor
person within its geographical area under the 1980 Census,
whichever is greater; and
(2) each such grantee shall be increased by an equal percentage
of the amount by which such grantee's funding, including the
increase under the first priority above, falls below $14.56 per
poor person within its geographical area under the 1980 census:
Provided further, That if a Presidential Order Pursuant to section 252
of Public Law 99-177 is issued for fiscal year 1987, funds provided to
each grantee covered by the second proviso shall be reduced by the
percentage specified in the Presidential Order: Provided further, That
if funds become available because a national support center has been
defunded or denied refunding pursuant to section 1011(2) of the Legal
Services Corporation Act, as amended by this Act, such funds may be
transferred to basic field programs, to be distributed in the manner
specified by this paragraph, if the Appropriations Committees of both
Houses of Congress have been notified pursuant to section 607 of this
Act: Provided further, That none of the funds appropriated by this Act
may be used to implement or enforce the regulations issued by the Legal
Services Corporation regarding legislative and administrative advocacy
(45 CFR part 1612) printed for final publication in the "Federal
Register" on May 31, 1984, (49 FR 22651) and on August 1, 1986 (51 FR
27539).
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $900,000.
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$13,300,000: Provided, That not to exceed $59,000 shall be available
for official reception and representation expenses.
For necessary expenses of the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, and not to exceed
$3,000 for official reception and representation expenses, $110,500,000,
of which not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Association of Securities
Commissioners.
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including purchase of one motor vehicle for
replacement only, and hire of passenger motor vehicles and not to exceed
$2,500 for official reception and representation expenses, $162,000,000;
and for grants for Small Business Development Centers as authorized by
section 21(a) of the Small Business Act, as amended, $35,000,000:
Provided, That notwithstanding any other provision of law, the Small
Business Administration is authorized to recognize all costs incurred
prior to December 16, 1980, by a small business development center at
the University of Georgia in pursuit of the purposes of the small
business development center program as allowable costs chargeable to a
fiscal year 1981 cooperative agreement, provided such costs were
incurred subsequent to October 1, 1979, and have not been reimbursed
from non-Federal sources. In addition, $92,000,000 for disaster
loan-making activities, including loan servicing, shall be transferred
to this appropriation from the "Disaster Loan Fund".
The Small Business Administration is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to its revolving funds, and in accord with the law, and to
make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, as amended, as may be necessary in carrying out the
programs set forth in the budget for the current fiscal year for the
"Disaster Loan Fund", the "Business Loan and Investment Fund", the
"Lease Guarantees Revolving Fund", the "Pollution Control Equipment
Contract Guarantees Revolving Fund", and the "Surety Bond Guarantees
Revolving Fund".
For additional capital for the "Business Loan and Investment Fund",
$164,000,000, to remain available without fiscal year limitation; and
for additional capital for new direct loan obligations to be incurred by
the "Business Loan and Investment Fund", $97,000,000, to remain
available without fiscal year limitation.
For additional capital for the "Surety Bond Guarantees Revolving
Fund", authorized by the Small Business Investment Act, as amended,
$9,497,000, to remain available without fiscal year limitation.
For additional capital for the "Pollution control equipment contract
guarantee revolving fund" authorized by the Small Business Investment
Act, as amended, $14,245,000, to remain available without fiscal year
limitation.
For necessary expenses of the State Justice Institute, as authorized
by Public Law 98-620, $7,200,000 to remain available until expended.
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by Reorganization Plan
No. 2 of 1977, the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and the United States Information
and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et
seq.), to carry out international communication, educational and
cultural activities, including employment, without regard to civil
service and classification laws, of persons on a temporary basis (not to
exceed $270,000, of which $250,000 is to facilitate United States
participation in international expositions abroad); expenses authorized
by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), living
quarters as authorized by 5 U.S.C. 5912, and allowances as authorized by
5 U.S.C. 5921-5928 and 22 U.S.C. 287e-1; and entertainment, including
official receptions, within the United States, not to exceed $20,000;
$570,000,000, none of which shall be restricted from use for the
purposes appropriated herein: Provided, That not to exceed $1,000,000
may be used for representation abroad: Provided further, That not to
exceed $15,558,000 of the amounts allocated by the United States
Information Agency to carry out section 102(a)(3) of the Mutual
Educational and Cultural Exchange Act, as amended (22 U.S.C.
2452(a)(3)), shall remain available until expended: Provided further,
That receipts not to exceed $1,000,000 may be credited to this
appropriation from fees or other payments received from or in connection
with English-teaching programs as authorized by section 810 of the
United States Information and Educational Exchange Act of 1948, as
amended: Provided further, That not to exceed $2,750,000 shall be
available for the Office of Inspector General.
For expenses of Fulbright, International Visitor, Humphrey Fellowship
and Congress-Bundestag Exchange Programs, as authorized by
Reorganization Plan No. 2 of 1977 and the Mutual Educational and
Cultural Exchange Act, as amended (22 U.S.C. 2451 et seq.),
$135,270,000, f which $24,270,000, to remain available until expended,
shall be available for expenditure on October 1, 1987. For the Private
Sector Exchange Programs, $9,730,000 of which $730,000 to remain
available until expended, shall be available for expenditure on October
1, 1987, and of which $1,500,000, to remain available until expended, is
for the Eisenhower Exchange Fellowship Program notwithstanding section
209 of Public Law 99-93.
For an additional amount for the purchase, rent, construction, and
improvement of facilities for radio transmission and reception and
purchase and installation of necessary equipment for radio transmission
and reception, $46,000,000, to remain available until expended:
Provided, That not to exceed $12,000,000 of these funds shall be
available for construction of facilities for Radio In the American
Sector: Provided further, That such amounts as may be necessary shall
be available until expended for contingent termination or cancellation
costs: Provided further, That the funds appropriated in this paragraph
shall be available for expenditure on October 1, 1987.
For an additional amount, necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to Cuba Act
(providing for the Radio Marti program or Cuba Service of the Voice of
America), including the purchase, rent, construction, and improvement of
facilities for radio transmission and reception and purchase and
installation of necessary equipment for radio transmission and
reception,$11,250,000, to remain available until expended.
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960, by grant to any
appropriate recipient in the State of Hawaii, $20,000,000: Provided,
That none of the funds appropriated herein shall be used to pay any
salary, or to enter into any contract providing for the payment thereof,
in excess of the highest rate authorized in the General Schedule of the
Classification Act of 1949, as amended.
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $15,000,000.
Funds appropriated under this title to the United States Information
Agency shall be available notwithstanding the provision of sections 203,
204, 205, and 210(c) of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93).
SEC. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
SEC. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of such provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
SEC. 605. None of the funds appropriated in titles II and V of this
Act may be used for any activity to alter the per se prohibition on
resale price maintenance in effect under Federal antitrust laws:
Provided, That nothing in this provision shall prohibit any employee of
a department or agency for which funds are provided in titles II and V
of this Act from presenting testimony on this matter before appropriate
committees of the House and Senate.
SEC. 606. None of the funds appropriated by this Act to the Legal
Services Corporation may be used by the Corporation or any recipient to
participate in any litigation with respect to abortion, except where the
life of the mother would be endangered if the fetus were carried to
term.
SEC. 607. (a) None of the funds provided under this Act shall be
available for obligation or expenditure through a reprogramming of funds
which: (1) creates new programs; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out any functions or activities presently
performed by Federal employees; unless the Appropriations Committees of
both Houses of Congress are notified fifteen days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $250,000 or 10 per centum,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 per centum funding for any existing
program, project, or activity, or numbers of personnel by 10 per centum
as approved by Congress; or (3) results from any general savings from a
reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress, unless the
Appropriations Committees of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
SEC. 608. (a) Notwithstanding any provision of chapter 11 of title
11, United States Code, the trustee shall pay benefits until May 15,
1987 to retired former employees under a plan, fund, or program
maintained or established by the debtor prior to filing a petition
(through the purchase of insurance or otherwise) for the purpose of
providing medical, surgical, or hospital care benefits, or benefits in
the event of sickness, accident, disability, or death.
(b) This section is effective with respect to cases commenced under
chapter 11, of title 11, United States Code, in which a plan for
reorganization has not been confirmed by the court and in which any such
benefit is still being paid on October 2, 1986, and in cases that become
subject to chapter 11, title 11, United States Code, after October 2,
1986.
(c) This section shall not apply during any period in which a case is
subject to chapter 7, title 11, United States Code.
SEC. 701. This title may be cited as the "Child Abuse Victims'
Rights Act of 1986".
SEC. 702. The Congress finds that --
(1) child exploitation has become a multi-million dollar
industry, infiltrated and operated by elements of organized crime,
and by a nationwide network of individuals openly advertising
their desire to exploit children;
(2) Congress has recognized the physiological, psychological,
and emotional harm caused by the production, distribution, and
display of child pornography by strengthening laws prescribing
such activity;
(3) the Federal Government lacks sufficient enforcement tools
to combat concerted efforts to exploit children prescribed by
Federal law, and exploitation victims lack effective remedies
under Federal law; and
(4) current rules of evidence, criminal procedure, and civil
procedure and other courtroom and investigative procedures inhibit
the participation of child victims as witnesses and damage their
credibility when they do testify, impairing the prosecution of
child exploitation offenses.
SEC. 703. (a) Chapter 110 of part I of title 18, United States Code,
is amended by redesignating section 2255 as section 2256, and by
inserting after section 2254 the following:
"Section 2255. Civil remedy for personal injuries
"(a) Any minor who is a victim of a violation of section 2251 or 2252
of this title and who suffers personal injury as a result of such
violation may sue in any appropriate United States District Court and
shall recover the actual damages such minor sustains and the cost of the
suit, including a reasonable attorney's fee. Any minor as described in
the preceding sentence shall be deemed to have sustained damages of no
less than $50,000 in value.
"(b) Any action commenced under this section shall be barred unless
the complaint is filed within six years after the right of action first
accrues or in the case of a person under a legal disability, not later
than three years after the disability".
(b) The table of sections for chapter 110 of part I of title 18,
United States Code, is amended by striking out the item relating to
section 2255 and inserting in lieu thereof the following:
"2255, Civil remedy for personal injuries.
"2256, Definitions for chapter.".
SEC. 704. (a) Section 2251(c) of title 18, United States Code, is
amended by striking out "or imprisoned not less than two years" and
inserting in lieu thereof "or imprisoned not less than five years".
(b) Section 2252(b) of title 18, United States Code, is amended by
striking out "or imprisoned not less than two years" and inserting in
lieu thereof "or imprisoned not less than five years".
SEC. 705. (a) Within one year after the date of enactment of this
title, the Attorney General shall submit a report to Congress detailing
possible changes in the Federal Rules of Evidence, the Federal Rules of
Criminal Procedure, the Federal Rules of Civil Procedure, and other
Federal courtroom, prosecutorial, and investigative procedures which
would facilitate the participation of child witnesses in cases involving
child abuse and sexual exploitation.
(b) In preparing the report, the Attorney General shall consider, but
not be limited to, such changes as --
(1) use of closed-circuit cameras, two-way mirrors, and other
out-of-court-statements;
(2) judicial discretion to circumscribe use of harassing,
overly complex, and confusing questions against child witnesses;
(3) use of videotape in investigations to reduce repetitions of
interviews;
(4) streamlining investigative procedures; and
(5) improved training of prosecutorial and investigative staff
in special problems of child witnesses, including handicapped
children.
SEC. 801. This title may be cited as the "James Madison Memorial
Fellowship Act".
SEC. 802. It is the purpose of this title to establish the James
Madison Fellowship Program which is designed to encourage graduate study
of the American Constitution, its roots, its formation, its principles,
and its development.
SEC. 803. (a) In order to commemorate the bicentennial of the
Constitution, there is established, as an independent establishment of
the executive branch, the James Madison Memorial Fellowship Foundation.
(b)(1) The Foundation shall be subject to the supervision and
direction of a Board of Trustees. The Board shall be composed of
thirteen members, as follows:
(A) Two Members of the Senate, of different political parties,
shall be appointed by the President upon the recommendation of the
President pro tempore of the Senate, in consultation with the
Majority Leader and Minority Leader of the Senate.
(B) Two Members of the House of Representatives, of different
political parties, shall be appointed by the President upon the
recommendation of the Speaker of the House, in consultation with
the Minority Leader of the House of Representatives.
(C) Two members of the Federal judiciary shall be appointed by
the President upon the recommendation of the Chief Justice of the
United States.
(D) Six members, not more than three of whom shall be of the
same political party, shall be appointed by the President with the
advice and consent of the Senate, of whom one shall be a chief
executive officer of a State, two shall be members of the general
public, and three shall be members of the academic community,
appointed upon the recommendation of the Librarian of Congress.
(E) The Secretary of Education or his designate shall serve ex
officio as a member of the Board, but shall not be eligible to
serve as Chairman.
(2) The term of office of each member of the Board shall be six
years; except that (A) the members first taking office shall serve as
designated by the President, four for terms of two years, five for terms
of four years, and four for terms of six years, and (B) any member
appointed to fill a vacancy shall serve for the remainder of the term
for which his predecessor was appointed, and shall be appointed in the
same manner as the original appointment for that vacancy was made. This
provision shall not apply to members ex officio.
(c) Members of the Board shall elect from the members of the Board a
Chairman and such other officers as may be necessary to carry out the
duties of the Foundation.
(d) Members of the Board shall serve without pay, but shall be
entitled to reimbursement for travel, subsistence, and other necessary
expenses incurred in the performance of their duties.
SEC. 804. (a) The Foundation is authorized to award fellowships to
outstanding students and teachers who will pursue graduate study leading
to the degree of Master of Arts in teaching or other appropriate masters
desgree for teachers, with a major in social studies or American
history. Each recipient must take at least twelve semester hours, or
its equivalent in topics directly related to the Constitution of the
United States, as determined by the Board.
(b)(1) James Madison fellowships shall be awarded to individuals who
are, or who desire to become, social studies and American history
teachers in accordance with paragraphs (2) and (3).
(2) Junior fellowships shall be awarded to graduate students who are
about to complete or have recently completed their undergraduate course
of study, and plan to begin graduate work on a relatively full-time
basis.
(3) Senior fellowships shall be awarded to experienced teachers who
wish to undertake work for a graduate degree on a part-time basis during
summers or in evening programs.
SEC. 805. Junior fellowships shall be granted for such periods as
the Foundation may prescribe but not to exceed two academic years.
Senior fellowship shall be granted for such periods as the Foundation
may prescribe, but not to exceed five calendar years.
SEC. 806. Fellowship recipients may attend any institution of higher
education in the United States with an accredited graduate program which
offers courses of study or training which emphasize the origins of the
Constitution of the United States, its principles, its development, and
its comparison with other forms of government, as determined according
to criteria established by the Foundation.
SEC. 807. Each student awarded a fellowship under this title shall
demonstrate the potential, and a serious intention, to follow a career
of educating students in secondary schools. Each institution of higher
education at which such a student is in attendance shall make reasonable
efforts to encourage such a student to meet the objectives of this
section.
Each student receiving a Fellowship under this Act shall enter into
an agreement under which the recipient shall:
(a) within a 5-year period after completing the education for
which the fellowship was awarded, teach on a full-time basis
students in secondary school for a period of not less than one
year for each year for which assistance was received;
(b) repay all of the Fellowship assistance received plus
interest at the rate of 6% per annum and, if applicable,
reasonable collection fees for each school year for which
assistance was received for which such recipient failed to teach
as provided in paragraph (a); and
(c) not be considered to be in violation of the agreement
entered into during any period during which the recipient:
(1) is pursuing a full-time course of study related to the
field of teaching at an eligible institution;
(2) is serving, not in excess of 3 years, as a member of the
armed services of the United States;
(3) is temporarily totally disabled for a period of time not to
exceed 3 years as established by sworn affidavit of a qualified
physician;
(4) is unable to secure employment for a period not to exceed
12 months by reason of the care required by a spouse who is
disabled;
(5) is seeking and unable to find full-time employment for a
single period not to exceed 12 months; or
(6) is seeking and unable to find full-time employment as a
teacher.
SEC. 808. (a) Madison Fellows shall be selected for their academic
achievements and their potential to become secondary school teachers of
social studies and American history.
(b)(1) The Foundation is authorized, either directly or by contract,
to provide for the conduct of a nationwide competition for the selection
of fellowship recipients. Each applicant must have a demonstrated
interest in pursuing a course of study which emphasizes the
Constitution, its principles, and its history, and have a demonstrated
record of willingness to devote themselves to civil responsibility.
(2) Each application shall be accompanied by an essay explaining the
importance of the study of the Constitution both to the applicant's
career aspirations and contributions to public service, and to
citizenship generally in a constitutional regime.
(3)(A) Each application shall include a description of a program of
study for the graduate program, designating the courses to be taken, and
the proposed Master's thesis, where appropriate.
(B) For the purpose of this paragraph, the Board of Trustees of the
Foundation shall establish general criteria for programs in
constitutional studies.
(c) The Foundation shall adopt selection procedures which shall
assure that at least one Madison Fellow shall be selected each year from
each State, the District of Columbia, and the Commonwealth of Puerto
Rico, and considered as a single entity, Guam, the Virgin Islands,
American Samoa, the Trust Territories of the Pacific Islands, and the
Commonwealth of the Northern Marianas in which there are at least two
resident applicants who meet the minimum criteria established by the
Foundation; and, if sufficient funding is available, to invite
applications from scholars overseas for study in the United States.
SEC. 809. Each student awarded a fellowship shall receive a stipend
which shall not exceed the cost to the student for tuition, fees, books,
room and board, or $12,000, whichever is less, for each academic year of
study.
SEC. 810. (a) A student awarded a Madison Fellowship shall continue
to receive payments only during such periods as the Foundation finds
that the student is maintaining satisfactory progress in an approved
program of study or research. Recipients of junior fellowships shall
devote essentially full time to their program of study.
(b) The Foundation is authorized to require reports from any
fellowship recipient containing such information, in such form, and to
be filed at such times as the Foundation determines to be necessary.
Such reports shall be accompanied by a certificate from an appropriate
official at the institution of higher education, approved by the
Foundation, stating that such student is making satisfactory progress in
a program of study or research, with such exceptions as the Foundation
may establish.
SEC. 811. (a)(1) There shall be established in the Treasury of the
United States a trust fund consisting of appropriations and amounts
contributed by the Foundation for the Commemoration of the Constitution
and other private sources to be available, in accordance with the
provisions of this title, to carry out the provisions of this title.
(2) No funds in the Trust Fund may be available for fellowships until
the contributions from private sources are equal to $10,000,000.
(b) It shall be the duty of the Secretary of the Treasury to invest
in full the amounts appropriated and contributed to the fund. Such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States. For such purpose, such obligations may
be acquired (1) on original issue at the issue price, or (2) by purchase
of outstanding obligations at the market price. The purposes for which
obligations of the United States may be issued under the Second Liberty
Bond Act, as amended, are hereby extended to authorize the issuance at
par of special obligations exclusively to the fund. Such special
obligations shall bear interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month next preceding
the date of such issue, borne by all marketable interest-bearing
obligations of the United States then forming a part of the public debt;
except that where such average rate is not a multiple of one-eighth of
1 per centum, the rate of interest of such special obligations shall be
the multiple of one-eighth of 1 per centum next lower than such average
rate. Such special obligations shall be issued only if the Secretary
determines that the purchase of other obligations of the United States,
or of obligations guaranteed as to both principal and interest by the
United States or original issue at the market price, is not in the
public interest.
(c) Any obligations acquired by the fund (except special obligations
issued exclusively to the fund) may be sold by the Secretary at the
market price, and such special obligations may be redeemed at par plus
accrued interest.
(d) The interest on, and the proceeds from, the sale or redemption of
any obligations held in the fund shall be credited to and form a part of
the fund.
"232A. Special forfeiture of collateral profits
of crime 3681".
Sec. 1. Short title and table of contents.
TITLE I -- FUTURES TRADING
Sec. 101. Fraudulent practices.
Sec. 102. Options transactions.
Sec. 103. Estraterritorial service of subpenas.
Sec. 104. Ex parte appointment of temporary receivers.
Sec. 105. Certain prohibited transactions.
Sec. 106. Authorization for appropriations.
Sec. 107. Registered futures association disciplinary
actions and membership restrictions.
Sec. 108. Rule review procedures.
Sec. 109. Leverage transactions.
Sec. 110. Technical corrections.
Sec. 111. GAO study of trading in cattle futures contracts.
TITLE II -- MISCELLANEOUS PROVISIONS
Sec. 201. Cross compliance for producers of extra long
staple cotton.
Sec. 202. Basis for computation of emergency compensation
under the 1986 wheat program.
Sec. 203. Valencia peanuts.
Sec. 204. Local agricultural stabilization and conservation
committees.
Sec. 205. Eligibility of certain land under the conservation
reserve program.
Sec. 206. Marketing practices and training.
TITLE III -- GRAIN QUALITY IMPROVEMENT
Sec. 301. Short title.
Sec. 302. Declaration of policy.
Sec. 303. Foreign material recombination.
Sec. 304. Insect infestation.
Sec. 305. Study of premiums for high-quality grain.
Sec. 306. Review of optimal grade proposal.
Sec. 307. Study of uniform end-use value tests.
TITLE IV -- FEDERAL MEAT INSPECTION
Sec. 401. Short title.
Sec. 402. Purpose.
Sec. 403. Amendments to Federal Meat Inspection Act.
Sec. 404. Savings provision.
Sec. 405. Sense of Congress.
Sec. 406. Annual report.
Sec. 407. Congressional reevaluation.
Sec. 408. Effective date; application of amendments.