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 100 STAT. 1200

PUBLIC LAW 99-472—OCT. 15, 1986

Public Law 99-472 99th Congress An Act Oct. 15, 1986 [H.R. 5548]

Export-Import

Bank Act Amendments of 1986

12 USC 635 note

To amend the Export-Import Bank Act of 1945.

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 "Export-Import Bank Act Amendments of 1986". SEC. 2. FEES.

12 USC 635.

Section 2(a)(l) of the Export-Import Bank Act of 1945 is amended by inserting after the fifth sentence thereof the following: "The Bank may impose and collect reasonable fees to cover the costs of conferences and seminars sponsored by, and publications provided by, the Bank. Amounts received under the preceding sentence shall be credited to the fund which initially paid for such activities.". SEC. 3. CREDIT APPLICATION FEES.

Post, p. 1201.

Section 2(b)(l)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(l)(B)) is amended by inserting after the third sentence the following: "The Bank may not impose a credit application fee unless (i) the fee is competitive with the average fee charged by the Bank's primary foreign competitors, and (ii) the borrower or the exporter is given the option of paying the fee at the outset of the loan or over the life of the loan and the present value of the fee determined under either such option is the same amount.". SEC. 4. ENHANCEMENT OF MEDIUM-TERM PROGRAM.

Section 2(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)) is amended by adding at the end thereof the following new paragraph: "(3) ENHANCEMENT OF MEDIUM-TERM PROGRAM.—

"(A) IN GENERAL.—To enhance the medium-term financing program established pursuant to paragraph (2), the Bank shall establish measures to— "(i) improve the competitiveness of the Bank's mediumterm financing and ensure that its medium-term financing is fully competitive with that of other major official export credit agencies; "(ii) ease the administrative burdens and procedural and documentary requirements imposed on the users of medium-term financing; "(iii) attract the widest possible participation of private financial institutions and other sources of private capital in the medium-term financing of United States exports; and "(iv) render the Bank's medium-term financing as supportive of United States exports as is its Direct Loan Program.

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"(B) REPORT REQUIRED.—Not later than April 15, 1988, the Bank shall transmit a report to the Congress analyzing the measures adopted to enhance medium-term financing.". SEC. 5. COMPETITIVENESS MANDATE.

The second sentence of section 2(b)(l)(B) of the Export-Import Bank Act of 1945 is amended by striking out "equivalent" and inserting in lieu thereof "identical in all respects".

Ante, p. 1200.

SEC. 6. MULTIPLE-EXPORTER RISK PROTECTION.

Section 2(b)(l)(E) of the Export-Import Bank Act of 1945 is 12 USC 635. amended by adding at the end thereof the following new clause: "(ix) The Bank shall provide, through creditworthy trade associations, export trading companies. State export finance companies, export finance cooperatives, and other multiple-exporter organizations, medium-term risk protection coverage for the members and clients of such organizations. Such coverage shall be made available to each such organization under a single risk protection policy covering its members or clients. Nothing in this provision shall be interpreted as limiting the Bank's authority to deny support for specific transactions or to disapprove a request by such an organization to participate in such coverage,". SEC. 7. PROGRAM ACCESS.

Section 2(b)(l) of the Export-Import Bank Act of 1945 is amended by adding at the end thereof the following new subparagraph: "(G) Participation in or access to long-, medium-, and short-term insurance, financing, guarantees, and insurance.provided by the Bank shall not be denied solely because the entity seeking participation or access is not a bank or is not a United States person.". SEC. 8. PROHIBITION ON AID TO MARXIST-LENINIST COUNTRIES.

Section 2(b)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(2)) is amended to read as follows: "(2) PROHIBITION ON AID TO MARXIST-LENINIST COUNTRIES.—

"(A) IN GENERAL.—The Bank in the exercise of its functions shall not guarantee, insure, extend credit, or participate in the extension of credit— "(i) in connection with the purchgise or lease of any product by a Marxist-Leninist country, or agency or national thereof; or "(ii) in connection with the purchase or lease of any product by any other foreign country, or agency or national thereof, if the product to be purchased or leased by such other country, agency, or national is, to the knowledge of the Bank, principally for use in, or sale or lease to, a Marxist-Leninist country. "(B) MARXIST-LENINIST COUNTRY DEFINED.—

"(i) IN GENERAL.—For the purposes of this paragraph, the term 'Marxist-Leninist country' means any country which— "(I) maintains a centrally planned economy based on the principles of Marxist-Leninism, or "(II) is economically and militarily dependent on the Union of Soviet Socialist Republics or on any other Marxist-Leninist country.

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100 STAT. 1202

"(ii) SPECIFIC COUNTRIES DEEMED TO BE MARXIST-LENINIST.—Unless otherwise determined by the President in the manner provided in subparagraph (C), the following countries are deemed to be Marxist-Leninist countries for purposes of this paragraph:
 * "Cambodian People's Republic.
 * "Cooperative Republic of Guyana.
 * "Czechoslovak Socialist Republic.
 * "Democratic People's Republic of Korea.
 * "Democratic Republic of Afghanistan.
 * "Estonia.
 * "German Democratic Republic.
 * "Hungarian People's Republic.
 * "Lao People's Democratic Republic.
 * "Latvia.
 * "Lithuania.
 * "Mongolian People's Republic.
 * "People's Democratic Republic of Yemen.
 * "People's Republic of Albania.
 * "People's Republic of Angola.
 * "People's Republic of Benin.
 * "People's Republic of Bulgaria.
 * "People's Republic of China.
 * "People's Republic of the Congo.
 * "People's Republic of Mozambique.
 * "Polish People's Republic.
 * "Republic of Cuba.
 * "Republic of Nicaragua.
 * "Socialist Ethiopia.
 * "Socialist Federal Republic of Yugoslavia.
 * "Socialist Republic of Romania.
 * "Socialist Republic of Vietnam.
 * "Surinam.
 * "Tibet.
 * "Union of Soviet Socialist Republics (including its captive constituent republics).

"(C) PRESIDENTIAL DETERMINATION THAT A COUNTRY HAS CEASED TO BE MARXIST-LENINIST.—If the President determines that any country on the list contained in subparagraph (B)(ii) has ceased to be a Marxist-Leninist country (within the definition of such term in subparagraph (B)(i)), such country shall not be treated as a Marxist-Leninist country for purposes of this paragraph after the date of such determination, unless the President subsequently determines that such country has again become a Marxist-Leninist country.". "(D) PRESIDENTIAL DETERMINATION RELATING TO FINANCING IN THE NATIONAL INTEREST.—

Insurance.

"(i) IN GENERAL.—Subparagraph (A) shall not apply to guarantees, insurance, or extensions of credit by the Bank to a country, agency, or national described in clause (i) or (ii) of subparagraph (A) (in connection with transactions described in such clauses) if the President determines that such guarantees, insurance, or extensions of credit are in the national interest.

Loans.

"(ii) SEPARATE DETERMINATION FOR CERTAIN TRANSACTIONS.—The President shall make a separate determination under clause (i) for each transaction described in clause


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100 STAT. 1203

(i) or (ii) of subparagraph (A) for which the Bank would extend a loan in an amount equal to or greater than $50,000,000. "(iii) REPORT OF CLAUSE (i) DETERMINATIONS TO CONGRESS.—Any determination by the President under clause (i) shall be reported to the Congress not later than the earlier of— "(I) the end of the 30-day period beginning on the date of such determination; or "(II) the date the Bank takes final action with respect to the first transaction involving the country, agency, or national for which such determination is made after the date of the enactment of the Export-Import Bank Amendments of 1974, unless a report of a determina- 12 USC 635 note, tion with respect to such country, agency, or national was made and reported before such date of enactment. "(iv) REPORT OF CLAUSE (ii)

DETERMINATIONS TO CON-

GRESS.—Any determination by the President under clause (ii) shall be reported to the Congress not later than the earlier of— "(I) the end of the 30-day period beginning on the date of such determination; or "(II) the date the Bank takes final action with respect to the transaction for which such determination is made.". SEC. 9. PROHIBITION ON AID TO ANGOLA.

Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end thereof the following new paragraph: "(11) PROHIBITION RELATING TO ANGOLA.—Notwithstanding any Agriculture and determination by the President under paragraph (2), the Bank may agricultural not guarantee, insure, or extend credit (or participate in the exten- commodities, sion of credit) in connection with any export of goods or services, except food or agricultural commodities, to the People's Republic of Angola until the President certifies to the Congress that no combatant forces or military advisors of the Republic of Cuba or of any other Marxist-Leninist country (as such term is defined in paragraph (2)(B)) remain in Angola.". SEC. 10. TRANSFERABILITY OF GUARANTEES.

Section 2(c) of the Export-Import Bank Act of 1945 is amended by adding at the end thereof the following new paragraph: "(3) TRANSFERABILITY OF GUARANTEES.—With respect to mediumterm and long-term obligations insured or guaranteed by the Bank after the date of the enactment of the Export-Import Bank Act Amendments of 1986, the Bank shall authorize the unrestricted transfer of such obligations by the originating lenders or their transferees to other lenders without affecting, limiting, or terminating the guarantee or insurance provided by the Bank.". SEC. 11. PROHIBITION AGAINST CERTAIN TRANSACTIONS.

Section 2 of the Export-Import Bank Act of 1945 is amended by adding at the end thereof the following: "(e) LIMITATION ON ASSISTANCE WHICH ADVERSELY AFFECT THE UNITED STATES.—

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 100 STAT. 1204

PUBLIC LAW 99-472—OCT. 15, 1986 "(1) IN GENERAL.—The Bank may not extend any direct credit or financial guarantee for establishing or expanding production of any commodity for export by any country other than the United States, if— "(A) the Bank determines that— "(i) the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative; or "(ii) the resulting production capacity is expected to compete with United States production of the same, similar, or competing commodity; and "(B) the Bank determines that the extension of such credit or guarantee will cause substantial injury to United States producers of the same, similar, or competing commodity. "(2) EXCEPTION.—Paragraph (1) shall not apply in any case where, in the judgment of the Board of Directors of the Bank, the short- and long-term benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity.".

SEC. 12. IMPACT ANALYSIS.

Loans. 12 USC 635a-2.

5 USC 5311.

Section 1911 of the Export-Import Bank Act Amendments of 1978 is amended by adding at the end thereof the following: "In all cases to which this section applies, the Bank shall consider and address in writing the views of parties or persons who may be substantially adversely affected by the loan or guarantee prior to taking final action on the loan or guarantee. This requirement does not subject the Bank to the provisions of subchapter II of chapter 5 of title 5, United States Code.". SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

12 USC 635e. Post, p. 1205. Loans.

Section 7(a) of the Export-Import Bank Act of 1945 is amended by adding at the end thereof the following new paragraph: "(3) AUTHORIZATION OF APPROPRIATION.—There are authorized to be appropriated $145,259,000 for fiscal year 1987 to cover the subsidy cost of new direct loans obligated by the Bank in that fiscal year. Any amounts appropriated under this paragraph shall be permanent additions to the capital and reserves of the Bank.". SEC. 14. EXTENSION OF CHARTER.

Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking out "September 30, 1986" and inserting in lieu thereof "September 30, 1992". SEC. 15. MATCHING FOREIGN OFFICIAL EXPORT CREDITS IN THE UNITED STATES.

Insurance.

(a) IN GENERAL.—Section 1912(b) of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-3(b)) is amended to read as follows: "(b) The Secretary of the Treasury shall issue such authorization to the Bank to provide guarantees, insurance, and credits to competing United States sellers, unless the Secretary determines that— "(1) the availability of foreign official noncompetitive financing is not likely to be a significant factor in the sale; or

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100 STAT. 1205

"(2) the foreign noncompetitive financing has been withdrawn.", (b) TECHNICAL AND CONFORMING AMENDMENT.—Section 1912(a)(l)

of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-3(a)(l)) is amended by inserting "irrespective of whether these credits are being offered by governments which are signatories to such standstills, minutes, or practices," after "major export countries have agreed,". SEC. 16. REPORT ON ROLE OF PRIVATE INSURANCE. Not later than October 1, 1987, the Export-Import Bank of the United States and the Office of Management and Budget shall jointly prepare and transmit to the Congress, and the General Accounting Office shall prepare and transmit to the Congress, reports analyzing— (1) the need for United States Government involvement in export credit insurance, considering the current activities of private insurance companies in this area, private insurance industry trends over the longer term, and ways in which private insurance companies can be encouraged by the Bank to maximize export credit insureuice activities; (2) the need to employ an agent in administering governmentsupported insurance programs which are determined to be necessary; and (3) the efficiency and effectiveness of continuing to utilize the Foreign Credit Insurance Association as the Bank's agent (including an analysis of the administrative and economic cost to the government and the Bank of maintaining the Foreign Credit Insurance Association). SEC. 17. CONFORMING AMENDMENT RELATING TO CREDIT AUTHORITY.

The second sentence of section 7(a) of the Export-Import Bank Act Ante, p. 1204. of 1945 is amended by inserting "and credit" immediately after the words "All spending". SEC. 18. DIRECTORS' TERMS.

Section 3(c)(8) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(c)(8)) is amended by adding at the end thereof the following new subparagraph: "(E) Any director whose term has expired may continue to serve on the Board of Directors until the earlier of— "(i) the date on which such director's successor is qualified; or "(ii) the end of the 6-month period beginning on the date such director's term expires.". SEC. 19. TIED AID CREDIT WAR CHEST.

Grants.

The Export-Import Bank Act of 1945 is amended by adding at the 12 USC 635 note end thereof the following new section: "SEC. 15. TIED AID CREDIT PROGRAM AND FUND.

"(a) FINDINGS.—The Congress finds that— "(1) tied aid and partially untied aid credits offered by other countries are a predacious method of financing exports because of their market-distorting effects; "(2) these distortions have caused the United States to lose export sales, with resulting losses in economic growth and employment;

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 100 STAT. 1206

PUBLIC LAW 99-472—OCT. 15, 1986 "(3) these practices undermine market mechanisms that would otherwise result in export purchase decisions made on the basis of price, quality, delivery, and other factors directly related to the export, where official financing is not subsidized and would be a neutral factor in the transaction; "(4) support of commercial exports by donor countries with tied aid and partially untied aid credits impedes the growth of developing countries because it diverts development assistance funds from essential developmental purposes; and "(5) there should be established in the Bank a temporary tied aid program to target the export markets of those countries which make extensive use of tied aid or partially untied aid credits for commercial advantage for the purpose of facilitating the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes, and such program should be aggressively used until such an arrangement is established. "(b) ESTABLISHMENT OF TiED AlD CREDIT PROGRAM.— "(1) IN GENERAL.—For the purpose of facilitating the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes, the Bank shall establish a tied aid credit program under which grants shall be made from funds available in the Tied Aid Credit Fund established under subsection (c)— "(A) to supplement the financing of a United States export when there is a reasonable expectation that predacious financing will be provided by another country for a sale by a competitor of the United States exporter with respect to such export; "(B) to supplement the financing of United States exports to foreign markets which are actual or potential export markets for any country which the Bank determines— "(i) engages in predacious official export financing through the use of tied aid or partially untied aid credits; and "(ii) impedes negotiations to eliminate the use of such credits for commercial purposes; or "(C) to supplement the financing of United States exports under such other circumstances as the Bank may determine to be appropriate for carrying out the purposes of this section. "(2) ADMINISTRATION OF PROGRAM.—The tied aid credit program shall be administered by the Bank— "(A) in consultation with the Secretary of the Treasury and in accordance with the Secretary's recommendations on how such credits could be used most effectively and efficiently to promote the negotiation of a comprehensive international arrangement restricting the use of tied aid and partially untied aid credits for commercial purposes; "(B) in cooperation with private financial institutions or entities, as appropriate; and "(C) in consultation with the National Advisory (Douncil on International Monetary and Financial Policies. "(3) COORDINATION WITH OTHER EXPORT FINANCING.—Under

the tied aid credit program, the Bank may combine grants from the Tied Aid Credit Fund with—

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 PUBLIC LAW 99-472—OCT. 15, 1986

100 STAT. 1207

"(A) any guarantee, insurance, or other extension of Insurance, credit provided by the Bank under this Act; "(B) any export financing provided by any private financial institution or other entity; and "(C) any other type of export financing, in such manner and under such terms as the Bank determines to be appropriate, including combinations of export financing in the form of blended financing and parallel financing. "(4) INFORMATION ON COUNTRIES WHICH ENGAGE IN OFFICIAL PREDACIOUS EXPORT FINANCING AND IMPEDE NEGOTIATIONS.—IN

order to assist the Bank to make the most efficient use of funds available for supplemental financing under paragraph (1)(B), the United States Trade Representative and the Secretary of Commerce may provide information on principal sectors and key markets of countries described in paragraph (1)(B) to the Bank, the Secretary, and the National Advisory Council on International Monetary and Financial Policies. "(c) TIED AID CREDIT FUND.—

"(1) IN GENERAL.—There is hereby established within the Bank a fund to be known as the 'Tied Aid Credit Fund' (hereinafter in this section referred to as the 'Fund'), consisting of such amounts as may be appropriated to the Fund pursuant to the authorization contained in subsection (e). "(2) EXPENDITURES FROM FUND.—Amounts in the Fund shall be available for grants made by the Bank under the tied aid credit program established pursuant to subsection (b) and to reimburse the Bank for the cost of any tied aid credits authorized by the Bank during fiscal year 1986. "(d) CONSISTENCY WITH ARRANGEMENT.—Any export

financing

involving the use of a grant under the tied aid credit program shall be consistent with the procedures established by the Arrangement, as in effect at the time such financing is approved. "(e) AUTHORIZATION OF APPROPRIATIONS.—

"(1) IN GENERAL.—There is hereby authorized to be appropriated to the Fund for fiscal years 1987 and 1988, $300,000,000. Except as provided in paragraph (2), such sums shall remain available until expended. "(2) RESCISSION AUTHORITY.— "(A) DETERMINATION BY PRESIDENT.—If the President

determines that any amount appropriated to the Fund is not required to achieve the purpose of the Fund, the President shall transmit a special message of such determination to the Congress in the manner provided in section 1012(a) of the Impoundment Control Act of 1974. "(B) SPECIAL MESSAGE.—Any message under this paragraph shall be treated as a special message under such section for purposes of such Act. "(f) NONREVIEWABILITY.—No action taken under this section shall be reviewable by any court, except for abuse of discretion. "(g) REPORT TO CONGRESS.— "(1) REPORT REQUIRED.—Before the end of the 6-month period

beginning on the date of enactment of this section and every six months thereafter, the Bank, in consultation with the Secretary, shall prepare and transmit a report on tied aid credits to the President of the Senate and the Speaker of the House of Representatives.

2 USC 683.

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 100 STAT. 1208

PUBLIC LAW 99-472—OCT. 15, 1986 "(2) CONTENTS OF REPORT.—Each report required by paragraph (1) shall contain a description of^ "(A) the principal offers of predacious financing by foreign countries during the course of the previous 6 months; "(B) steps taken by the United States to combat specific predacious financing practices of foreign countries; "(C) any use by the Bank of the Tied Aid Credit Fund to match specific predacious financing practices of foreign countries and to initiate tied aid credit offers; "(D) any additional steps the United States may take in the future to discourage use of predacious financing practices; and "(E) any progress achieved in negotiations to establish a comprehensive international arrangement restricting the use of tied aid and partially untied credits for commercial purposes. "(3) CONFIDENTIAL INFORMATION.—To the extent the Bank determines any information required to be included in the report under this subsection should not be made public, such information may be submitted separately on a confidential basis or provided orally, rather than in written form, to the Chairmen and ranking minority Members of the Committees of the Senate and the House of Representatives with jurisdiction over the subject matter of the report. "(h) DEFINITIONS.—^f'or the purpose of this section— "(1) TIED AID AND PARTIALLY UNTIED AID CREDIT.—The terms 'tied aid credit' and 'partially untied aid credit' mean any credit which— "(A) has a grant element greater than zero percent, as determined by the Development Assistance Committee of the Organization for Economic Cooperation and Development; "(B) is, in fact or in effect, tied to— "(i) the procurement of goods or services from the donor country, in the case of tied aid credit; or "(ii) the procurement of goods or services from a restricted number of countries, in the case of partially untied aid credit; and "(C) is financed either exclusively from public funds or partly from public and partly from private funds. "(2) SECRETARY.—The term 'Secretary' means the Secretary of the Treasury. "(3) ARRANGEMENT.—The term 'Arrangement' means the Arrangement on Guidelines for Officially Supported Export Credits established through the Organization for Economic Cooperation and Development. "(4) BLENDED FINANCING.—The term 'blended financing' means financing provided through any combination of official development assistance, official export credits, and private commercial credit which is integrated into a single agreement with a single set of financial terms. "(5) PARALLEL FINANCING.—The term 'parallel financing' means financing provided by any combination of official development assistance, official export credits, and private commercial credit which is not integrated into a single agreement and does not have a single set of financial terms.".

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 PUBLIC LAW 99-472—(Xrr. 15, 1986

100 STAT. 1209

SEC. 20. INTEREST SUBSIDY PAYMENTS.

Loans.

(a) IN GENERAL.—Section 2 of the Export-Import Bank Act of 1945 (as amended by section 11) is amended by adding at the end thereof Ante, p. 1203. the following new subsection: "(f) INTEREST SUBSIDY PAYMENTS.— "(1) PAYMENTS AUTHORIZED.—The

Bank may enter into commitments to make payments to commercial lending institutions and other lenders, in such amounts as the Bank may determine to be appropriate, to provide a sufficient return on loans by such lenders (including loans guaranteed by the Bank) in support of United States exports (of goods or services) when financing at less than market rates is required for such exports in order to respond to subsidized financing offered by foreign export credit agencies. "(2)

AUTHORITY TO MAKE PAYMENTS SUBJECT TO MINIMUM

AMOUNT OF DIRECT LOAN AUTHORITY.—The authority to enter into commitments to make interest subsidy payments under paragraph (1) shall be effective for any fiscal year only if the aggregate principal amount of direct loans the Bank may obligate in such fiscal year is equal to or greater than $700,000,000. "(3) PAYMENTS ALLOWED ONLY FROM FUNDS APPROPRIATED FOR

SUCH PURPOSE.—The estimated aggregate amount of commitments entered into by the Bank under paragraph (1) in any fiscal year beginning after fiscal year 1986 may not exceed the amount of funds appropriated to the Bank for such purposes for such fiscal year. "(4) AUTHORIZATION OF APPROPRIATIONS.—

"(A) IN GENERAL.—Subject to subparagraph (B), there are authorized to be appropriated to the Bank, for any fiscal year beginning after fiscal year 1986, such sums as may be necessary to carry out the purposes of this subsection. "(B) BUDGET SCORING.—No amount is authorized to be appropriated for commitments to make interest subsidy payments on loans for which the Bank extends a loan guarantee commitment if any amount of such loan guarantee commitment is scored as budget authority in any estimate of budget authority prepared pursuant to any provision of the Congressional Budget and Impoundment Control Act of 1974. 2 USC 621 note. "(5) SUNSET PROVISION.—The authority to enter into commitments to make interest subsidy payments shall lapse on October 1, 1988.". (b) GAO REPORT ON INTEREST SUBSIDY PAYMENTS.—Section 9 of the

Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at the end thereof the following new subsection: "(e) GAO REPORT ON INTEREST SUBSIDY PAYMENTS.— "(1) REPORT REQUIRED,—Not later than March

1, 1988, the Comptroller General of the United States shall transmit to both Houses of the Congress a report on the manner in which and the extent to which the Bank is exercising its authority to make interest subsidy payments under section 2(f). Supra. "(2) CONTENTS OF REPORT.—The report required "finder paragraph (1) with respect to interest subsidy payments shall— "(A) compare the efficiency and competitiveness of interest subsidy payments with the efficiency and competi-

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 100 STAT. 1210

12 USC 635g.

PUBLIC LAW 99-472—OCT. 15, 1986

tiveness of direct Bank financing of an equivalent value of exports; "(B) compare the cost, to the United States Government, of making interest subsidy payments and the impact of such payments on the financial condition of the Bank with the cost and impact of direct Bank finsmcing of an equivalent value of exports; "(C) compare the impact of interest subsidy payments on the Federal budget with the impact on such budget of direct Bank financing of an equivalent value of exports; and "(D) include all views and recommendations of the Advisory Committee of the Bank which are submitted to the Comptroller General of the United States before December 1, 1987.". (c) REPORT SUNSET PROVISION.—Effective March 2, 1988, the amendment made by subsection (b) is repealed. SEC. 21. POLICY TOWARD UNITED STATES BUSINESS TRANSACTIONS IN ANGOLA.

(a) The Congress finds that— (1) the Marxist Popular Movement for the Liberation of Angola (hereafter in this section referred to as the "MPLA") has failed to hold fair and free elections since assuming power in Angola in 1975; (2) Angola currently harbors more than 35,000 Soviet and Cuban troops and advisers; (3) the Cubans and Soviets have channeled more than $4,000,000,000 in assistance and military aid in furtherance of this intervention in Africa; (4) the MPLA government of Angola obtains more than 90 percent of its foreign exchange from the extraction and production of oil; (5) most of Angola's oil is extracted in Cabinda Province, where 75 percent of it is extracted by the Chevron-Gulf Oil company; (6) the MPLA has refused to take meaningful steps to end its dependency on Soviet and Cuban forces, engage in national reconciliation efforts within Angola, or encourage the independence of Namibia; and (7) United States business interests are in direct conflict with United States foreign policy objectives in aiding the MPLA government of Angola, which directly opposes Jonas Savimbi and UNITA, recipients of United S t a t ^ support. (b)(1) It is the sense of the Congress that the interests of the United States are best served when United States business transactions conducted in Angola do not directly or indirectly support Cuban troops and Soviet advisers. (2) The Congress hereby requests that the President consider 50 USC app. 2401 using his authorities under the Export Administration Act of 1979 note. to restrict United States business transactions that conflict with United States security interests in Angola. 22 USC 262h.

SEC. 22. OPPOSITION OF MULTILATERAL ASSISTANCE FOR FOREIGN SURPLUS COMMODITIES AND MINERALS.

The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the

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 PUBLIC LAW 99-472—OCT. 15, 1986

100 STAT. 1211

International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or otherwise made available pursuant to any provision of law, for the production or extraction of any commodity or mineral for export, if^ (1) such commodity or mineral, as the case may be, is in surplus on world markets; and (2) the export of such commodity or mineral, as the case may be, would cause substantial injury to the United States producers of the same, similar, or competing commodity or mineral. Approved October 15, 1986.

LEGISLATIVE HISTORY—H.R. 5548 (S. 2878): HOUSE REPORTS: No. 99-956 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and passed House. Sept. 25, S. 2878 considered in Senate. Sept. 26, S. 2878 considered in Senate; H.R. 5548 considered and passed Senate, amended. Oct. 2, House agreed to conference report. Oct. 7, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 15, Presidential statement.

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 100 STAT. 1212

PUBLIC LAW 99-473—OCT. 16, 1986

Public Law 99-473 99th Congress An Act Oct. 16, 1986 [H.R. 4545]

To authorize appropriations for the American Folklife Center for fiscal years 1987, 1988, and 1989, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8(a) of the American Folklife Preservation Act (20 U.S.C. 2107(a)) is amended— (1) by striking out "(a)"; (2) by striking out "and" after "1985,"; and (3) by inserting after "1986" the following: ", $867,900 for the fiscal year ending September 30, 1987, $919,974 for the fiscal year ending September 30, 1988, and $975,172 for the fiscal year ending September 30, 1989". SEC. 2. Section 8(b) of the American Folklife Preservation Act (20 U.S.C. 210703)) is repealed. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.R. 4545: HOUSE REPORTS: No. 99-800 (Comm. on House Administration). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-474—OCT. 16, 1986

100 STAT. 1213

Public Law 99-474 99th Congress An Act To amend title 18, United States Code, to provide additional penalties for fraud and related activities in connection with access devices and computers, and for other purposes.

n t Ifi 198fi ' fH.R. 4718]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

Computer Fraud

SECTION 1. SHORT TITLE.

This Act may be cited as the "Computer Fraud and Abuse Act of 1986". SEC. 2. SECTION 1030 AMENDMENTS. (a) MODIFICATION OF DEFINITION OF FINANCIAL INSTITUTION.—Sec-

tion 1030(a)(2) of title 18, United States Code, is amended— (1) by striking out "knowingly" and inserting "intentionally" in lieu thereof; (2) by striking out "as such terms are defined in the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.),"; (3) by striking out the term "or" where it appears at the end of section 1030(a)(2) of title 18; and (4) by adding after the term "financial institution" the following: "or of a card issuer as defined in section 1602(n) of title 15,". (b) MODIFICATION OF EXISTING GOVERNMENT COMPUTERS O F -

FENSE.—Section 1030(a)(3) of title 18, United States Code, is amended— (1) to read as follows: "(3) intentionally, without authorization to access any computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects the use of the Government's operation of such computer;"; and (2) by striking out the flush language after section 1030(a)(3) of title 18, United States Code, beginning with "It is not an offense" and all that follows through "use of the computer.". (c) MODIFICATION OF AUTHORIZED ACCESS ASPECT OF OFFENSES.—

Paragraphs (1) and (2) of section 1030(a) of title 18, United States Code, are each amended by striking out ", or having accessed" and all that follows through "does not extend" and inserting "or exceeds authorized access" in lieu thereof, (d) NEW OFFENSES.—Section 1030(a) of title 18, United States Ckxie, is amended by inserting after paragraph (3) the following: "(4) knowingly and with intent to defraud, accesses a Federal interest computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the

and Abuse Act of 1986.

note

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 100 STAT. 1214

18 USC 1029. Commerce and trade.

PUBLIC LAW 99-474—OCT. 16, 1986

fraud and the thing obtained consists only of the use of the computer; "(5) intentionally accesses a Federal interest computer without authorization, and by means of one or more instances of such conduct alters, damages, or destroys information in any such Federal interest computer, or prevents authorized use of any such computer or information, and thereby— "(A) causes loss to one or more others of a value aggregating $1,000 or more during any one year period; or "(B) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more individuals; or "(6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if— "(A) such trafficking affects interstate or foreign commerce; or "(B) such computer is used by or for the Government of the United States;". (e) EuMiNATiON OF SECTION SPECIFIC CONSPIRACY OFFENSE.—Section 1030(b) of title 18, United States (Dode, is amended— (1) by striking out "(1)"; and (2) by striking out paragraph (2). (f) PENALTY AMENDMENTS.—Section 1030 of title 18, United States Code, is amended— (1) by striking out "of not more than the greater of $10,000" and all that follows through "obtained by the offense" in subsection (c)(l)(A) and inserting "under this title" in lieu thereof; (2) by striking out "of not more than the greater of $100,000" and all that follows through "obtained by the offense" in subsection (c)(l)(B) and inserting "under this title" in lieu thereof; (3) by striking out "or (a)(3)" each place it appears in subsection (c)(2) and inserting ", (a)(3) or (a)(6)" in lieu thereof; (4) by striking out "of not more than the greater of $5,000" and all that follows through "created by the offense" in subsection (c)(2)(A) and inserting "under this title" in lieu thereof; (5) by striking out "of not more than the greater of $10,000" and all that follows through "created by the offense" in subsection (c)(2)(B) and inserting "under this title" in lieu thereof; (6) by striking out "not than" in subsection (c)(2)(B) and inserting "not more than" in lieu thereof; (7) by striking out the period at the end of subsection (c)(2)(B) and inserting "; and" in lieu thereof; and (8) by adding at the end of subsection (c) the following: "(3)(A) a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(5) of this section which does not occur after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph; and "(B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4) or (a)(5) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this subparagraph."; and

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 PUBLIC LAW 99-474—OCT. 16, 1986

100 STAT. 1215

(9) by deleting the term "(b)(D" where it appears in the first line of section 1030(c) of title 18 and inserting in lieu thereof the term 'W. (g) CONFORMING AMENDMENTS TO DEFINITIONS PROVISION.—Sec-

tion 1030(e) of title 18, United States Code, is amended— (1) by striking out the comma after "As used in this section" and inserting a one-em dash in lieu thereof; (2) by aligning the remaining portion of the subsection so that it is cut in two ems and begins as an indented paragraph, and inserting "(1)" before "the term"; (3) by striking out the period at the end and inserting a semicolon in lieu thereof; and (4) by adding at the end thereof the following: "(2) the term 'Federal interest computer' means a computer— "(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects the use of the financial institution's operation or the Government's operation of such computer; or "(B) which is one of two or more computers used in committing the offense, not all of which are located in the same State; "(3) the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States; "(4) the term 'financial institution' mesms— "(A) a bank with deposits insured by the Federal Deposit Insurance Corporation; "(B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank; "(C) an institution with accounts insured by the Federal Savings and Loan Insurance Corporation; "(D) a credit union with accounts insured by the National Credit Union Administration; "(E) a member of the Federal home loan bank system and any home loan bank; '(F) any institution of the Farm Credit System under the Farm Credit Act of 1971; 12 USC 2001 "(G) a broker-dealer registered with the Securities and note. Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934; and 15 USC 78o. "(H) the Securities Investor Protection Corporation; "(5) the term 'financial record' means information derived from any record held by a financial institution pertaining to a customer's relationship with the financial institution; "(6) the term 'exceeds authorized access' means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter; and "(7) the term 'department of the United States' means the legislative or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5.". (h) LAW ENFORCEMENT AND INTELLIGENCE ACTIVITY ExcEPTiON.— Section 1030 of title 18, United States Code, is amended by adding at the end the following new subsection:

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 100 STAT. 1216

PUBLIC LAW 99-474—OCT. 16, 1986

Law "(f) This section does not prohibit any lawfully authorized invesenforcement and tigative, protective, or intelligence activity of a law enforcement crime. agency of the United States, a State, or a political subdivision of a State and local gt^te, or of an intelligence agency of the United States.", governments.

=

^

Approved October 16, 1986.

LEGISLATIVE HISTORY—H.R. 4718 (S. 2281): HOUSE REPORTS: No. 99-612 (Comm. on the Judiciary). SENATE REPORTS: No. 99-432 accompanying S. 2281 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): June 3, considered and passed House. Oct. 1, S. 2281 considered and passed Senate. Oct. 3, H.R. 4718 considered and passed Senate, amended. Oct. 6, House concurred in Senate amendments.

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 PUBLIC LAW 99-475—OCT. 16, 1986

100 STAT. 1217

Public Law 99-475 99th Congress An Act To authorize the release to museums in the United States of certain objects owned by the United States Information Agency.

Oct. 16, 1986 [H.R. 5522]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RELEASE OF CERTAIN OBJECTS OWNED BY USIA.

Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-la), and the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency may release to any museum located in the United States the objects described in section 2 if that museum pays all costs associated with the transfer of such objects to that museum (as determined by the Director). SEC. 2. OBJECTS SUBJECT TO RELEASE.

The objects referred to in section 1 are those objects displayed at Canada, the United States Pavilion at the 86 Expo in Vancouver, British Columbia, Canada, which are owned by the United States Information Agency but (as determined by the Director of the United States Information Agency) not committed by it for other purposes. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.R. 5522: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and passed House. Oct. 1, considered and passed Senate.

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 100 STAT. 1218

PUBLIC LAW 99-476—Oct. 16, 1986

Public Law 99-476 99th Congress Joint Resolution Oct. 16, 1986 [H.J. Res. 210]

Designating the Study Center for Trauma and Emergency Medical Systems at the Maryland Institute for Emergency Medical Services Systems at the University of Maryland as the "Charles McC. Mathias, Jr., National Study Center for Trauma and Emergency Medical Systems".

Whereas Federal funding for emergency medical services systems has decreased, and some States have provided less support for such lifesaving systems; Wheresis private efforts are the primary means of improving the delivery of emergency medical services, and improvements are needed to meet the needs of increasing numbers of the critically ill and injured; Whereas the designation of a national study center for trauma and emergency medical systems would focus attention on those areas needing improvement in the delivery of systematic emergency care; Whereas a national study center for trauma and emergency medical systems is needed to serve as a resource center for information and data, and provide technical assistance concerning emergency medical systems; and Whereas the Maryland Institute for Emergency Medical Services Systems at the University of Maryland has been a national leader in the development of systems of care for the critically ill and injured: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Study Center for Trauma and Emergency Medical Systems at the Maryland Institute for Emergency Medical Services Systems at the University of Maryland shall be known and designated as the "Charles McC. Mathias, Jr., National Study Center for Trauma and Emergency Medical Systems". Any reference in a law, map, regulation, document, record, or other paper of the United States to such Study Center for Trauma and Emergency Medical Systems shall be held to be a reference to the "Charles McC. Mathias, Jr., National Study Center for Trauma and Emergency Medical Systems". Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 210: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-477—OCT. 16, 1986

100 STAT. 1219

Public Law 99-477 99th Congress Joint Resolution To designate the week beginning November 24, 1986, as "National Family Caregivers Week".

Oct. 16, 1986 [H.J. Res. 555]

Whereas the number of Americans who are sixty-five or older is growing, with an unprecedented increase in the number of persons eighty-five or older; Whereas the incidences of frailty and disability increase among persons of advanced age; Whereas approximately 5.2 million older persons who reside in the community have disabilities that leave them in need of help with such daily tasks as food preparation, dressing, and bathing; Whereas families provide older persons help with such tasks, in addition to between 80 and 90 percent of the medical care, household maintenance, transportation, and shopping needed by older persons; Whereas families who give care to older persons face many additional expenses due to home modifications, equipment rental, and higher heating bills; Whereas 80 percent of the disabled elderly receive care from family members, most of whom are wives, daughters, and daughters-inlaw, who often must sacrifice employment opportunities to provide such care; Whereas the role of the aged spouse as a principal caregiver has generally been understated; Whereas family caregivers are often physically and emotionally exhausted from the time and stress involved in caregiving activities; Wheregis family caregivers need information about available community resources; Whereas family caregivers need respite from the strains of their caregiving roles; Whereas the contribution of family caregivers helps maintain strong family ties and assures support among generations; and Whereas there is a need for greater public awareness of and support for the care that family caregivers are providing: Now, therefore, be it

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 100 STAT. 1220

PUBLIC LAW 99-477—OCT. 16, 1986

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning November 24, 1986, is designated "National Family Caregivers Week". The President 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 October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 555 (S.J. Res. 348): CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-478—OCT. 16, 1986

100 STAT. 1221

Public Law 99-478 99th Congress Joint Resolution Commemorating January 28, 1987, as a National Day of Excellence in horor of the crew of the space shuttle Challenger.

Whereas on January 28, 1986, the seven crew members of the space shuttle Challenger, Commander Francis R. Scobee, Pilot Michael J. Smith, Mission Specialist Ellison S. Onizuka, Mission Specialist Ronald E, McNair, Mission Specialist Judith Resnik, Payload Specialist Gregory B. Jarvis, Teacher-Observer S. Christa McAuliffe, were killed in a tragic explosion shortly after liftoff; Whereas each of the crew members of the Challenger was a true American hero who represented the best and the brightest that our Nation has to offer; Whereas the crew of the Challenger gave their lives while striving for an excellence of technology, of goal, and of personal achievement which fills all Americans with a sense of pride in their fellow human beings and countrymen; Whereas the most appropriate tribute we could pay the crew of the Challenger is a national day when Americans would dedicate themselves in all their endeavors to the pursuit of excellence which makes our country great; Whereas the American spirit is most responsive to a living tribute in which all citizens can participate and be enriched by such participation; and Whereas this is a day for which our national character cries out: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That January 28, 1987, is designated as a "National Day of Excellence". The President is authorized and requested to issue a proclamation calling on the people of the United States to observe such a day— (1) by resolving that in the course of their regular activities they will pursue the spirit of excellence represented by the crew of the space shuttle Challenger; and (2) with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 588: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and passed House. Oct. 3, considered and passed Senate.

Oct. 16, 1986 [H. J. Res. 588]

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 100 STAT. 1222

PUBLIC LAW 99-479—OCT. 16, 1986

Public Law 99-479 99th Congress Joint Resolution Oct. 16, 1986 [H.J. Res. 617]

To designate the week beginning September 21, 1986, as "National Adult Day Care Center Week".

Whereas more than 1000 adult day care centers are in operation nationwide, providing safe and positive environments to functionally disabled adults and senior citizens who are in need of daj^ime assistance or supervision; Whereas adult day care centers have comprehensive programs providing a variety of services related to health, including medical therapy, medication monitoring, counseling, and health education; Whereas adult day care centers are operated by professional staffs which identify individual health needs and give appropriate advice; Whereas adult day care centers assist functionally disabled adults and senior citizens in maintaining a maximum level of independence; Whereas adult day care centers provide opportunities for social interaction to individuals who otherwise may be socially isolated; and Whereas adult day care centers offer relief to families who otherwise must provide constant care to functionally disabled adults and senior citizens, including victims of Alzheimer's disease and other forms of dementia: 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 September 21, 1986, is designated "National Adult Day Care Center Week". The President is requested to issue a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 617: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-480—OCT. 16, 1986

100 STAT. 1223

Public Law 99-480 99th Congress Joint Resolution To designate the school year of September 1986 through May 1987 as "National Year of the Teacher" and January 28, 1987, as "National Teacher Appreciation Day".

Whereas the education of our Nation's youth is the foundation of America's strength in the future; Whereas teachers are entrusted not only with imparting knowledge, but also with instilling our youth with basic human values during the most formative and impressionable years of their lives; Whereas teachers play an integral role in the development of civil responsibility among our Nation's youth; Whereas teachers deserve the respect of their students and the entire community for their selfless dedication, wisdom, sacrifice, community service, and many other intangible contributions to society; Whereas teachers deserve credit for the continuing education and training of many citizens through a variety of traditional and nontraditional educational programs; Whereas the dedication of teachers should be celebrated often to heighten public awareness and help maintain respect and discipline in our classrooms; and Whereas Sharon Christa McAuliffe made a unique contribution to the teaching profession, and January 28, 1987, is an appropriate day on which, and the school year of 1986-198'? is an appropriate period during which, to commemorate Sharon Christa McAuliffe and all other teachers: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the school year of September 1986 through May 1987 is designated "National Year of the Teacher", and January 28, 1987, is designated "National Teacher Appreciation Day". 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 and day with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 635: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 3, considered and passed Senate.

r»^t ifi iQSfi uct. ID, xt>oo [H.J. Res. 635]

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 100 STAT. 1224

PUBLIC LAW 99-481—OCT. 16, 1986

Public Law 99-481 99th Congress Joint Resolution Oct. 16, 1986 [H.J. Res. 678]

To designate October 1986 as "Crack/Cocaine Awareness Month".

Whereas cocaine is a drug that medical authorities consider to be very dangerous; Whereas the amount of cocaine entering the United States from other countries has increased substantially in recent years; Whereas, in the past, the most common method of taking cocaine into the body was by inhaling the drug through the nose; Whereas cocaine may be smoked if the drug is subjected to certain procedures designed to harden the drug; Whereas the form of cocaine that may be smoked is commonly known as crack; Whereas crack can be developed easily from the standard form of cocaine, and law enforcement authorities are encountering difficulties in stopping the production of crack; Whereas crack is extremely addictive, and a single incident of smoking crack may result in addiction; Whereas crack may cause death or injury as a result of heart attacks, seizures, strokes, or damage to the lungs; Whereas the use of crack is increasing rapidly; Whereas the use of cocaine has become widespread among all socioeconomic groups, including young athletes; Whereas the awareness of the people of the United States with respect to the dangers of the use of cocaine, and with respect to available treatments for addiction to cocaine, should be increased; and Whereas parents, drug prevention agencies at all levels of government, civic organizations, and other individuals and groups should work to increase such awareness: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 1986 is designated "Crack/Cocaine Awareness Month", 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 month with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 678: CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 13, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-482—OCT. 16, 1986

100 STAT. 1225

Public Law 99-482 99th Congress Joint Resolution To designate August 12, 1987, as "National Civil Rights Day".

Whereas the people of the United States are the heirs and beneficiaries of the courageous men and women who have struggled to achieve legal and social equality in the United States for men and women of every race, religion, and country; Whereas such men and women include Martin Luther King Jr., Susan B. Anthony, and Mary McLeod Bethune; Whereas the people of the United States should not forget that constant vigilance is necessary to ensure that civil rights are protected; Whereas the people of the United States should not forget that much yet remains to be accomplished with respect to securing civil rights for all the people of the United States; Whereas, in August 1963, Martin Luther King Jr. led a march in Washington, D.C., to demonstrate the need for legislation to protect the civil rights of the people of the United States; Whereas August 12, 1987, is an appropriate date on which to commemorate the progress made in securing civil rights and the need for continued progress; Whereas, at noon on such date, it would be appropriate for the people of the United States to pause for a moment of silence to pay tribute to the men and women who have struggled to secure civil rights for all the people of the United States; Whereas, during the moment of silence, it would be appropriate for all church bells to ring 11 times as a reminder that the hour is late with respect to continuing progress in securing civil rights for all the people of the United States; and Whereas the National Civil Rights Museum and Hall of Fame will be constructed in Gary, Indiana, to pay continued tribute to the fallen national heroes of civil rights and the cause which they embraced: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 12, 1987, is designated "National Civil Rights Day", 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 day with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 686: CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 8, considered and passed House. Sept. 12, considered and passed Senate, amended. Oct. 1, House concurred in Senate amendments.

O

Oct. 16, 1986 [H.J. Res. 686]

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 100 STAT. 1226

PUBLIC LAW 99-483—OCT. 16, 1986

Public Law 99-483 99th Congress Joint Resolution Oct. 16, 1986 [H.J. Res. 741]

To designate March 1987, as "Developmental Disabilities Awareness Month".

Whereas there are 3,900,000 children and adults with developmental disabilities in the United States; Whereas such persons have severe chronic disabilities attributed to mental or physical impairment which begin early in life and result in substantial limitations in major life activities such as self care, mobility, language, learning, and self direction; Whereas persons with developmental disabilities need interdisciplinary or generic service and treatment for extended periods of their lives; Whereas persons with developmental disabilities have the capability to become more independent and economically self sufficient; Whereas the services and expertise provided by professional personnel, parents, and concerned citizens enable persons with developmental disabilities to participate more freely in education, employment and community living; Whereas increasingly more persons with developmental disabilities are living in the community enabling them to live less restricted lives; and Whereas through increased national awareness of such programs, the public will better understand the potential and needs of persons with developmental disabilities: Now, therefore, be it: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That March 1987 is designated as the "Developmental Disabilities Awareness Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States and all Federal, State, and local government officials to observe the month with appropriate programs and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 741: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-484—OCT. 16, 1986

100 STAT. 1227

Public Law 99-484 99th Congress An Act To designate the Federal Building and United States Courthouse to be constructed and located in Newark, New Jersey, as the "Martin Luther King, Jr. Federal Building and United States Courthouse".

n t Ifi 198fi ' — [S. 2062]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Public buildings Building and United States Courthouse to be constructed and lo- and grounds. cated at Walnut and Orchard Streets in Newark, New Jersey, shall be known and designated as the "Martin Luther King, Jr. Federal Building and United States Courthouse". Any reference in any law, regulation, document, record, map, or other paper of the United States to such building and courthouse is deemed to be a reference to the "Martin Luther King, Jr. Federal Building and United States Courthouse". Approved October 16, 1986.

LEGISLATIVE HISTORY—S. 2062 (H.R. 4156): HOUSE REPORTS: No. 99-877 accompanying H.R. 4156 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 99-471 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and passed Senate. Oct. 6, H.R. 4156 considered and passed House; proceedings vacated and S. 2062 passed in lieu.

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 100 STAT. 1228

PUBLIC LAW 99-485—OCT. 16, 1986

Public Law 99-485 99th Congress An Act Oct. 16, 1986 [S. 2788]

To designate the Federal building located in San Diego, California, as the "Jacob Weinberger Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF BUILDING.

Public buildings The Federal building located at 325 F Street in San Diego, in the and grounds. State of California, commonly known as the Old Federal Courthouse, shall hereafter be known and designated as the "Jacob Weinberger Federal Building". SEC. 2. LEGAL REFERENCES TO BUILDING.

Any reference in any law, regulation, document, record, map, or other paper of the United States to the Federal Building referred to in section 1 is hereby deemed to be a reference to the "Jacob Weinberger Federal Building". Approved October 16, 1986.

LEGISLATIVE HISTORY—S. 2788 (H.R. 5397): HOUSE REPORTS: No. 99-886 accompanying H.R. 5397 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 99-472 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and passed Senate. Oct. 6, H.R. 5897 considered and passed House; proceedings vacated and S. 2788 passed in lieu.

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 PUBLIC LAW 99-486—OCT. 16, 1986

100 STAT. 1229

Public Law 99-486 99th Congress An Act To amend the Fair Labor Standards Act of 1938 to require that wages based on individual productivity be paid to handicapped workers employed under certificates issued by the Secretary of Labor.

Oct. 16, 1986 [S. 2884]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of section 14 of the Fair Labor Standards Act of 1938 (29 U.S.C. 214) is amended to read as follows: "(c)(1) The Secretary, to the extent necessary to prevent curtail- Regulations. ment of opportunities for employment, shall by regulation or order Agriculture and agricultural provide for the employment, under special certificates, of individ- commodities. uals (including individuals employed in agriculture) whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury, at wages which are— "(A) lower than the minimum wage applicable under section 6, "(B) commensurate with those paid to nonhandicapped workers, employed in the vicinity in which the individuals under the certificates are employed, for essentially the same t3rpe, quality, and quantity of work, and "(C) related to the individual's productivity. "(2) The Secretary shall not issue a certificate under paragraph (1) unless the employer provides written assurances to the Secretary that— "(A) in the case of individuals paid on an hourly rate basis, wages paid in accordance with paragraph (1) will be reviewed by the employer at periodic intervals at least once every six months, and "(B) wages paid in accordance with paragraph (1) will be adjusted by the employer at periodic intervals, at least once each year, to reflect changes in the prevailing wage paid to experienced nonhandicapped individuals employed in the locality for essentially the same type of work. "(3) Notwithstanding paragraph (1), no employer shall be permitted to reduce the hourly wage rate prescribed by certificate under this subsection in effect on June 1, 1986, of any handicapped individual for a period of two years from such date without prior authorization of the Secretary. "(4) Nothing in this subsection shall be construed to prohibit an Health and employer from maintaining or establishing work activities centers medical care. to provide therapeutic activities for handicapped clients. "(5)(A) Notwithstanding any other provision of this subsection, any employee receiving a special minimum wage at a rate specified pursuant to this subsection or the parent or guardian of such an employee may petition the Secretary to obtain a review of such special minimum wage rate. An employee or the employee's parent or guardian may file such a petition for and in behalf of the employee or in behalf of the employee and other employees simi-

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 100 STAT. 1230

PUBLIC LAW 99-486—OCT. 16, 1986

larly situated. No employee may be a party to any such action unless the employee or the employee's parent or guardian gives consent in writing to become such a party and such consent is filed with the Secretary. "(B) Upon receipt of a petition filed in accordance with subparagraph (A), the Secretary within ten days shall assign the petition to an administrative law judge appointed pursuant to section 3105 of Records. title 5, United States Code. The administrative law judge shall conduct a hearing on the record in accordance with section 554 of title 5, United States Code, with respect to such petition within thirty days after assignment. "(C) In any such proceeding, the employer shall have the burden of demonstrating that the special minimum wage rate is justified as necessary in order to prevent curtailment of opportunities for employment. "(D) In determining whether any special minimum wage rate is justified pursuant to subparagraph (C), the administrative law judge shall consider— "(i) the productivity of the employee or employees identified in the petition and the conditions under which such productivity was measured; and "(ii) the productivity of other employees performing work of essentially the same type and quality for other employers in the same vicinity. "(E) The administrative law judge shall issue a decision within thirty days after the hearing provided for in subparagraph (B). Such action shall be deemed to be a final agency action unless within thirty days the Secretary grants a request to review the decision of the administrative law judge. Either the petitioner or the employer may request review by the Secretary within fifteen days of the date of issuance of the decision by the administrative law judge. "(F) The Secretary, within thirty days after receiving a request for review, shall review the record and either adopt the decision of the administrative law judge or issue exceptions. The decision of the administrative law judge, together with any exceptions, shall be deemed to be a final agency action. "(G) A final agency action shall be subject to judicial review 5 USC 701 c seg. pursuant to chapter 7 of title 5, United States Code. An action < seeking such review shall be brought within thirty days of a final agency action described in subparagraph (F). Approved October 16, 1986.

LEGISLATIVE HISTORY—S. 2884 (H.R. 5614): CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 26, considered and passed Senate. Oct. 1, H.R. 5614 considered and passed House; proceedings vacated and S. 2884 passed in lieu.

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 PUBLIC LAW 99-487—OCT. 16, 1986

100 STAT. 1231

Public Law 99-487 99th Congress Joint Resolution Designating the month of November 1986 as "National Alzheimer's Disease Month".

Whereas more than two and a half million Americans are affected by Alzheimer's disease, which is a surprisingly common disorder that destroys certain vital cells of the brain; Whereas Alzheimer's disease is the fourth leading cause of death among older Americans; Whereas Alzheimer's disease is responsible for 50 per centum of all nursing home admissions, at an annual cost of more than $25,000,000,000; Whereas in one-third of all American families one parent will succumb to this disease; Whereas Alzheimer's disease is not a normal consequence of aging; and Whereas an increase in the national awareness of the problem of Alzheimer's disease may stimulate the interest and concern of the American people, which may lead, in turn, to increased research and eventually to the discovery of a cure for Alzheimer's disease: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of November 1986 is designated as "National Alzheimer's Disease Month". The President is requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—S.J. Res. 280: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and passed Senate. Oct. 1, considered and passed House.

Oct. 16, 1986 [S.J. Res. 280]

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 100 STAT. 1232

PUBLIC LAW 99-488—OCT. 16, 1986

Public Law 99-488 99th Congress Joint Resolution Oct. 16, 1986 [S.J. Res. 385]

To designate October 23, 1986, as "National Hungarian Freedom Fighters Day".

Whereas the antidemocratic Government of Hungary was installed and is supported by the Government of the Soviet Union; Whereas, on October 23, 1956, freedom fighters in Hungary attempted to establish a coalition government and free the people of Hungary from oppression by ending the political and economic domination of the people of Hungary by the Government of the Soviet Union; Whereas the continued oppression of the people of Hungary by the Government of the Soviet Union is a violation of the principles set forth in the Yalta Agreement of 1945, the Universal Declaration of Human Rights, and the Helsinki Final Act of the Conference on Security and Cooperation in Europe, of which the Government of the Soviet Union is a signatory or under which such Government is otherwise obligated; Whereas the Congress supports the efforts of the people of all nations to assert the right of self-determination; and Whereas October 23, 1986, is the thirtieth anniversary of the uprising of the people of Hungary against the antidemocratic Government of Hungary: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 23, 1986, is designated "National Hungarian Freedom Fighters Day", 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 day with appropriate ceremonies and activities. Approved October 16, 1986.

LEGISLATIVE HISTORY—S.J. Res. 385: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed Senate. Oct. 1, considered and passed House.

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 PUBLIC LAW 99-489—OCT. 16, 1986

100 STAT. 1233

Public Law 99-489 99th Congress Joint Resolution To designate the period October 1, 1986, through September 30, 1987, as "National Institutes of Health Centennial Year".

Whereas the National Institutes of Health over the past 100 years, has grown from a one-room laboratory of hygiene within the Stapleton Marine Hospital on Staten Island, New York, to become one of the largest and most respected biomedical research centers in the world; Whereas the National Institutes of Health, as an agency of the Department of Health and Human Services, is the Nation's flagship in mankind's continuing battle to conquer disease; Whereas the National Institutes of Health continuously contributes to the discovery of new knowledge that leads to longer lives and better health foi' all people; Whereas the National Institutes of Health provides national leadership in a critical partnership of the Government, academic, and private sectors; Whereas the National Institutes of Health conducts research in its own laboratories, supports the research of non-Federal scientists in universities, medical schools, hospitals, and other public, private, and voluntary research institutions throughout this country and abroad; Whereas the National Institutes of Health fosters training and career development of future research scientists, sponsors the enhancement of research resources, and promotes improvements in biomedical communications; Whereas the National Institutes of Health facilitates the assembly of United States and foreign biomedical scientists and promotes the exchange of scientists and scientific information between the United States and other countries; Whereas the National Institutes of Health supported the work of 60 Nobel Prize winners before their selection as laureates; Whereas the National Institute of Health has contributed to the great strides of the past 100 years in the control and virtual worldwide elimination of epidemic diseases such as cholera, smallpox, yellow fever, and bubonic plague, and the prevention in this country of childhood diseases such as diphtheria, polio, tetanus, and pertussis; Whereas the National Institutes of Health has stimulated biomedical research that has played a role in the 70-percent reduction in the death rate in the United States since 1900; Whereas the National Institutes of Health has pioneered new methods for the detection and treatment of diseases and has promoted their widespread dissemination into medical practice; Whereas grantees and scientists of the National Institutes of Health work at the forefront of biomedical technologies that open up new opportunities in medical research;

Oct. 16, 1986 [S. J. Res. 395]

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 100 STAT. 1234

PUBLIC LAW 99-489—OCT. 16, 1986

Whereas the next 100 years will undoubtedly see the National Institutes of Health lead the world in ways of promoting health and preventing disease; Whereas the Congress of the United States has consistently supported the National Institutes of Health to maintain America's preeminence in medical research; and Whereas the Congress of the United States looks to the National Institutes of Health for progress in overcoming the diseases that afflict the people of this country: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period of October 1, 1986, through September 30, X987, is designated as "National Institutes of Health Centennial Year", 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 October 16, 1986.

LEGISLATIVE HISTORY—S.J. Res. 395: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and passed Senate. Oct. 10, considered and passed House.

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 PUBLIC LAW 99-490—OCT. 16, 1986

Public Law 99 -490 99th Congress

100 STAT. 1235

An Act To designate certain lands in the Cherokee National Forest in the State of Tennessee as wilderness areas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Tennessee Wilderness Act of 1986". SEC. 2. DESIGNATION OF WILDERNESS AREAS.

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following lands in the Cherokee National Forest in the State of Tennessee are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands which comprise approximately 6,665 acres, as generally depicted on a map entitled "Pond Mountain Wilderness—Proposed and Pond Mountain Addition Wilderness— Proposed", dated July 15, 1986, and which shall be known as the Pond Mountain Wilderness; (2) certain lands which comprise approximately 6,251 acres, as generally depicted on a map entitled "Big Laurel Branch Wilderness—Proposed", dated July 15, 1986, and which shall be known as the Big Laurel Branch Wilderness; (3) certain lands which comprise approximately 4,700 acres, as generally depicted on a map entitled "Unaka Mountain Wilderness—Proposed", dated July 15, 1986, and which shall be known as the Unaka Mountain Wilderness; (4) certain lands which comprise approximately 8,319 acres, as generally depicted on a map entitled "Sampson Mountain Wilderness—Proposed", dated July 15, 1986, and which shall be known as the Sampson Mountain Wilderness; (5) certain lands which comprise approximately 4,800 acres, as generally depicted on a map entitled "Little Frog Mountain Wilderness—Proposed", dated July 15, 1986, and which shall be known as the Little Frog Mountain Wilderness; and (6) certain lands which comprise approximately 3,000 acres, as generally depicted on a map entitled "Big Frog Extension Wilderness—Proposed", dated July 15, 1986, and which shall be combined with the now existing Big Frog Wilderness and known as the Big Frog Wilderness. SEC. 3. MAPS AND DESCRIPTIONS.

As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate.

71-194 0 -

- 6: QL. 3 Part 2

Oct. 16, 1986 [H.R. 5166] Tennessee Wilderness Act of 1986. National Wilderness Preservation System. National Forest System.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

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 100 STAT. 1236

Public information.

PUBLIC LAW 99-490—OCT. 16, 1986

Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map and description may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. SEC. 4. ADMINISTRATION OF WILDERNESS.

16 USC 1131 note.

(a) IN GENERAL.—Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. SEC. 5. EFFECT OF RARE II.

Conservation.

16 USC 1600 note.

(a) FINDINGS.—The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless area in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Cocke, and McMinn Counties, Tennessee, and of the environmental impacts associated with alternative allocations of such areas. (b) REVIEW AND RELEASE.—On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to the National Forest System lands other than in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Cocke, and McMinn Counties, Tennessee, such statement shall not be subject to judicial review with respect to National Forest lands in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Monroe, Polk, McMinn, and Cocke Counties, Tennessee; (2) with respect to the National Forest System lands in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Cocke, and McMinn Counties, Tennessee, which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), except those lands designated for wilderness study upon enactment of this Act, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Monroe, Polk, McMinn, and Cocke Counties, Tennessee,

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 PUBLIC LAW 99-490—OCT. 16, 1986

100 STAT. 1237

reviewed in such final environmental statement or referenced in subsection (d) and not designated as wilderness or for wilderness study upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need 16 USC 1604. not be managed for the purpose of protecting their suitability for wilderness designation prior to or during the revision of the initial land management plans; and (4) in the event that revised land management plans in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Monroe, Polk, McMinn, and Cocke Counties, Tennessee, are implemented pursuant to section 6 of the Forest and Rangelands Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law. (c) REVISION.—As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) CERTAIN AREAS LESS THAN 5,000 ACRES IN SIZE.—The provisions of this section shall also apply to National Forest System roadless lands in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Monroe, Polk, McMinn, and Cocke Counties, Tennessee, which are less than 5,000 acres in size.

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 100 STAT. 1238

PUBLIC LAW 99-490—OCT. 16, 1986

SEC. 6. TERMINATION OF WILDERNESS STUDY.

The designations of the Little Frog Wilderness Study Area and the Big Frog Study Area pursuant to section 6 of the Act of October 30, 1984 (98 Stat. 3090), are terminated, and the Secretary of Agriculture shall have no further obligation to study such areas for wilderness. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.R. 5166: HOUSE REPORTS: No. 99-853, Pt. 1 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-491—OCT. 16, 1986

100 STAT. 1239

•Public Law 99-491 99th Congress Joint Resolution Making further continuing contributions for the fiscal year ending September 30, 1987, and for other purposes.

Oct. 16, 1986 [H.J. Res. 753]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution of October 11, 1986 (Public Law 99-465) is hereby amended by striking Ante, p. 1189. out "October 15, 1986" and inserting in lieu thereof "October 16, 1986". Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 753: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 15, considered and passed House. Oct. 16, considered and passed Senate. •Note: This is a subsequently typeset print of the hand enrollment which was signed by the President on October 16, 1986.

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 100 STAT. 1240

PUBLIC LAW 99-492—OCT. 16, 1986

Public Law 99-492 99th Congress An Act Oct. 16, 1986 [H.R. 5362]

To extend the authority of the Supreme Court Police to provide protective services for Justices and Court personnel.

Effective date.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9(c) of the Act entitled "An Act relating to the policing of the building and grounds of the Supreme Court of the United States", approved August 18, 1949 (40 U.S.C. 13n(c)), is amended in the first sentence by striking "one year after the date of the enactment of this subsection" and inserting "on December 29, 1990". SEC. 2. (a) Section 105(a) of the Legislative Branch Appropriations Act, 1979 (2 U.S.C. 72a note), as reenacted by section 115 of the joint resolution entitled "Joint resolution making continuing appropriations for the fiscal year 1982, and for other purposes", approved October 1, 1981 (95 Stat. 963), is amended by striking out "September 30, 1986," and inserting in lieu thereof "February 28, 1987,". (b) The amendment made by subsection (a) shall take effect on

2 USC 72a note.

Q c to b e r 1, 1986.

Approved October 16, 1986.

LEGISLATIVE HISTORY—H.R. 5362 (S. 2814): HOUSE REPORTS: No. 99-912 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 7, House concurred in Senate amendment.

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 PUBLIC LAW 99-493—OCT. 16, 1986

100 STAT. 1241

Public Law 99-493 99th Congress An Act To amend the Gila River Pima-Maricopa Indian Community judgment distribution plan.

Oct. 16, 1986 [H.R. 5430]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstand- Claims. ing any previously approved plan for the use and distribution of the Ak-Chin, Salt River Pima-Maricopa, and Gila River Pima-Maricopa Indian communities judgment funds in docket 228 before the United States Claims Court, upon the request of the governing body of the Gila River Pima-Maricopa Indian Community, as manifested by the appropriate tribal council resolution, the Secretary of the Interior shall make a per capita distribution not to exceed 80 per centum of the funds apportioned to the Gila River Pima-Maricopa Indian Community, in a sum as equal as possible, to each member of the Gila River Pima-Maricopa Indian Community born on or prior to and living on August 10, 1986. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.R. 5430: HOUSE REPORTS: No. 99-869 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and passed House. Oct. 3, considered and passed Senate.

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 100 STAT. 1242

PUBLIC LAW 99-494—OCT. 16, 1986

Public Law 99-494 99th Congress Joint Resolution Oct. 16, 1986 [H.J. Res. 671]

Designating 1987 as the "Year of the Reader".

Whereas the ability and opportunity to read are of fundamental importance to everyone; Whereas this Nation's democratic, individualistic tradition depends on a literate, informed citizenry; Whereas the National Commission on Reading, the Librarian of Congress, and others have recently reported that an alarmingly large number of Americans are not able or motivated to read; Whereas the Center for the Book in the Library of Congress has concluded that there is an urgent need to focus national attention on the importance of reading and to strengthen national and local efforts to combat illiteracy; and Whereas this Nation, built on ideas expressed through books and the printed word, will celebrate the Bicentennial of the Constitution in 1987: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That 1987 is designated the "Year of the Reader" and the President is authorized and requested to issue a proclamation encouraging parents, teachers, librarians, government officials, members of the book and business communities, and the people of the United States to observe such year with appropriate programs, ceremonies, and activities aimed at restoring reading to a place of preeminence in our personal lives and in the life of our Nation. Approved October 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 671: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 99-495—OCT. 16, 1986 Public Law 99-495 99th Congress

100 STAT. 1243

An Act

To amend the Federal Power Act to provide for more protection to electric consumers.

Oct. 16, 1986 [S. 426]

Be it enacted by the Senate and House of Representatives of the Electric 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 "Electric Consumers Protection Act of 1986". (b) TABLE OF CONTENTS.— Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Consumers Protection Act of 1986. 16 USC 791a note.

1. 2. 3. 4. 5. 6. 7. 8.

Short title and table of contents. Amendments to section 7 of Federal Power Act. Environmental consideration in licensing. Relicensing procedures. License term on relicensing. Unauthorized activities. Amendments to section 30 of Federal Power Act. Amendments concerning certain small power production facilities subject to PURPA benefits. 9. Fees and charges for use of dams and structures. 10. Election and negotiations concerning contested projects subject to litigation. 11. Merwin Dam project. 12. Additional Commission enforcement authority. 13. Antitrust laws. 14. Landowner notification. 15. Applications for certain orders under Federal Power Act. 15A. Miscellaneous provisions. 16. Provision of information to Congress. 17. Savings provisions. 18. Effective date.

SEC. 2. AMENDMENTS TO SECTION 7 OF FEDERAL POWER ACT.

Section 7(a) of the Federal Power Act (16 U.S.C. 791(a) et seq.) is 16 USC 800. amended as follows: (1) Insert "original" after "hereunder or". (2) Strike out "and in issuing licenses to new licensees under section 15 hereof and substitute a comma. SEC. 3. ENVIRONMENTAL CONSIDERATION IN LICENSING.

(a) PURPOSES OF LICENSE.—Section 4(e) of the Federal Power Act is 16 USC 797. amended by adding the following at the end thereof: "In deciding whether to issue any license under this Part for any project, the Commission, in addition to the power and development purposes for which licenses are issued, shall give equal consideration to the purposes of energy conservation, the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat), the protection of recreational opportunities, and the preservation of other aspects of environmental quality.". (b) AMENDMENTS TO SECTION 10(a).—Section 10(a) of such Act is 16 USC 803. amended as follows:

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