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100 STAT. 3341-374

(f)(1) The Commission shall hold its first meeting within 30 days after the appointment of all members. (2) The Commission shall meet at the call of the Chairman or a majority of the members. (g) Members of the Commission shall serve until the expiration of the Commission. (h) The Commission shall cease to exist 18 months after the date of enactment of this Act. FUNCTIONS OF THE COMMISSION

SEC. 503. The Commission shall make a complete study of the organization and functions of the Federal Aviation Administration (hereinafter referred to as the "Administration") and the means by which the Administration may most efficiently and effectively perform the responsibilities assigned to it by law and increase aviation safety. (a)(1) In conducting such study, the Commission shall consider whether— (A) the dual responsibilities of the Administration of promoting commercial aviation and ensuring aviation safety are in conflict, and whether such conflict impedes the effective maintenance and enhancement of aviation safety; (B) the Administration should be reorganized as an independent Federal agency with the promotion, maintenance, and enhancement of aviation safety as the sole responsibility of such agency; (C) the promotion of commercial aviation should be assigned as a responsibility to another agency of the Federal Government; (D) Eiirline deregulation has an adverse effect on the margin of aviation safety, including a review of whether the practice of airline self-compliance with respect to aviation maintenance standards is an outmoded approach in an environment designed to maximize cost-savings; (E) it is feasible to make mandatory certain or all of the safety recommendations issued by the National Transportation Safety Board; and (F) the Administration has adequately used its resources to ensure aviation safety. (2) The study conducted under this subsection shall include findings and recommendations, including any recommendations for legislative action, regarding— (A) the most appropriate and effective organizational approach to ensuring aviation safety; and (B) measures to improve the enforcement of Federal regula> — tions relating to aviation safety. (3) In conducting such study, the Commission shall consult with the National Transportation Safety Board and a broad spectrum of representatives of the aviation industry, including— (A) air traffic controllers; n. (B) representatives of the commercial aviation industry; (C) representatives of airways facilities technicians; J-; ^.; (D) independent experts on aviation safety; (E) former Administrators of the Administration; and % (F) representatives of civil aviation.

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PUBLIC LAW 9 9 - 5 9 1 - O C T. 30, 1986

(4) Within 9 months after the date of enactment of this Act, the Commission shall submit a report on the study conducted pursuant to this subsection to the President and to each House of Congress. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative and administrative actions. G)) The Commission shall also make a complete investigation of management and employee relationships within the Administration, particularly the air traffic control system, and recommend actions for improvements. (1) In conducting such investigation, the Commission shall: (A) consider the findings and recommendations of the March 17, 1982, report of the "Task Force for the Study of Management-Employee Relationships in the FAA" (Jones Report) and document the progress made in implementing the recommendations of that report; (B) assess the safety impact of rehiring former air traffic controllers who were dismissed as a result of the 1981 air traffic controller strike; (C) assess the adequacy of the Administration's air traffic controller staffing standards, especially as they relate to the number of "full performance level" controllers, and review the Administration's experience in meeting those standards in each year since 1981; and (D) formulate cost-effective recommendations to improve aviation safety based on the findings and conclusions of its investigation. (2) Within 18 months after the date of enactment of this Act, the Commission shall submit a report on the investigation conducted pursuant to this subsection to the President and to each House of Congress. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative and administrative actions. POWERS AND ADMINISTRATIVE PROVISIONS

SEC. 504. (a) The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and publish such reports as the Commission considers appropriate. (b)(1) Subject to such rules as may be adopted by the Commission, the Chairman, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 of such title relating to clgissification or chapter 53 of such title relating to General Schedule pay rates, may— (A) appoint and fix the compensation of such staff personnel as the Chairman considers necessary, including an executive director who may be compensated at a rate not in excess of that provided for level V of the Executive Schedule in title 5, United States Code; and (B) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code. (2) Any person appointed as executive director pursuant to paragraph dXA) of this subsection shall meet the same qualification required of members pursuant to section 502(b) of this Act.

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(c) Each department, agency, and instrumentality of the executive branch of the Federal Government, including independent agencies, shall furnish to the Commission, upon request made by the Chairman, such information as the Commission considers necessary to carry out its functions. (d) Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. (e) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (f) The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (g) Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission may take under this section. COMPENSATION OF MEMBERS

SEC. 505. Members of the Commission shall serve without compensation, but shall be reimbursed for travel or transportation expenses under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business and engaged in the actual performance of duties of the Commission. AUTHORIZATION

SEC. 506. There is hereby authorized to be appropriated such sums as may be necessary in fiscal years 1987 and 1988 to carry out the provisions of this Act. APPROPRIATIONS

SEC. 507. There is hereby appropriated for fiscal year 1987, $2,000,000 to carry out the provisions of this Act, to remain available until expended. TITLE VI—METROPOLITAN WASHINGTON AIRPORTS SEC. 6001. SHORT TITLE.

This title may be cited as the "Metropolitan Washington Airports Act of 1986". SEC. 6002. FINDINGS.

The Congress finds that— (1) the two federally owned airports in the metropolitan area of Washington, District of Columbia, constitute an important and growing part of the commerce, transportation, and economic patterns of the Commonwealth of Virginia, the District of Columbia, and the surrounding region; (2) Baltimore/Washington International Airport, owned and operated by the State of Maryland, is an air transportation facility that provides service to the greater Metropolitan Washington region together with the two federally owned airports, and timely Federal-aid grants to Baltimore/Washington International Airport will provide additional capacity to meet

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the growing air traffic needs and to compete with other airports on a fair basis; (3) the Federal Government has a continuing but Hmited cr interest in the operation of the two federally owned airports, which serve the travel and cargo needs of the entire Metropolifftt" tan Washington region as well as the District of Columbia as the national seat of government; (4) operation of the Metropolitan Washington Airports by an independent local agency will facilitate timely improvements at in'- both airports to meet the growing demand of interstate air • transportation occasioned by the Airline Deregulation Act of ^ 1978 (Public Law 95-504; 92 Stat. 1705); (5) all other major air carrier airports in the United States are operated by public entities at the State, regional, or local level; sws (6) any change in status of the two airports must take into -• " account the interest of nearby communities, the traveling public, air carriers, general aviation, airport employees, and other interested groups, as well as the interests of the Federal Government and State governments involved; -rrtc ^rj^ jjj recognition of a perceived limited need for a Federal role in the management of these airports and the growing local interest, the Secretary has recommended a transfer of authority from the Federal to the local/State level that is consistent with the management of major airports elsewhere in the Nation; (8) an operating authority with representation from local jurisdictions, similar to authorities at all major airports in the g^-vj. United States, will improve communications with local officials j^ifT and concerned residents regarding noise at the Metropolitan Washington Airports; (9) a commission of congressional. State, and local officials and aviation representatives has recommended to the Secretary that transfer of the federally owned airports be as a unit to an independent authority to be created by the Commonwealth of Virginia and the District of Columbia; and (10) the Federal interest in these airports can be provided through a lease mechanism which provides for local control and operation. > SEC. 6003. PURPOSE.
 * i4.iT!T'rsiOiit.1'.; /.t"?*

(a) IN GENERAL.—It is therefore declared to be the purpose of the Congress in this title to authorize the transfer of operating responsibility under long-term lease of the two Metropolitan Washington Airport properties as a unit, including access highways and other related facilities, to a properly constituted independent airport authority created by the Commonwealth of Virginia and the District of Columbia, in order to achieve local control, management, operation, and development of these important transportation assets. (b) INCLUSION OF B W I NOT PRECLUDED.—Nothing in this title shall be construed to prohibit the Airports Authority and the State of Maryland from entering into an agreement whereby Baltimore/ Washington International Airport may be made part of a regional airports authority, subject to terms and conditions agreed to by the Airports Authority, the Secretary, the Commonwealth of Virginia, the District of Columbia, and the State of Maryland.

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SEC. 6004. DEFINITIONS.

In this title— (1) ADMINISTRATOR.—The term "Administrator" means the Administrator of the Federal Aviation Administration. (2) AIRPORTS AUTHORITY.—The term "Airports Authority" means the Metropolitan Washington Airports Authority, a public body to be created by the Commonwealth of Virginia and the District of Columbia consistent with the requirements of section 6007. (3) EMPLOYEES.—The term "employees" means all permanent Federal Aviation Administration personnel employed on the date the lease under section 6005 takes effect by the Metropolitan Washington Airports, an organization within the Federal Aviation Administration. (4) METROPOIJTAN WASHINGTON AIRPORTS.—The term "Metropolitan Washington Airports" means Washington National Airport and Washington Dulles International Airport. (5) SECRETARY.—The term "Secretary" means the Secretary of Transportation. (6) WASHINGTON DULLES INTERNATIONAL AIRPORT.—The term "Washington Dulles International Airport" means the airport constructed under the Act entitled "An Act to authorize the construction, protection, operation, and maintenance of a public airport on or in the vicinity of the District of Columbia", approved September 7, 1950 (64 Stat. 770), and includes the Dulles Airport Access Highway and Right-of-way, including the extension between the Interstate Routes 1-495 and 1-66. (7) WASHINGTON NATIONAL AIRPORT.—The term "Washington National Airport" mesins the airport described in the Act entitled "An Act to provide for the administration of the Washington National Airport, and for other purposes", approved June 29, 1940 (54 Stat. 686). SEC. 6005. LEASE OF METROPOLITAN WASHINGTON AIRPORTS. (a)

AUTHORITY

TO

ENTER

INTO

LEASE.—The

Secretary

is

authorized to enter into a lease of the Metropolitan Washington Airports with the Airports Authority for a 50-year term and to enter into any related agreement necessary for the transfer of authority and property to the Airports Authority. Authority to enter into a lease and agreement under this section shall lapse two years after the date of the enactment of this title. (b) PAYMENTS.—

(1) LEASE PAYMENTS.—The lease shall provide for the Airports Authority to pay to the general fund of the Treasury annually an amount, computed using the GNP Price Deflator, to equal $3,000,000 in 1987 dollars. The Secretary and the Airports Authority may renegotiate the level of lease payments attributable to inflation costs every ten years. (2) RETIREMENT OBLIGATIONS.— (A) DISCONTINUED SERVICE.—Not

t.,'

later than one year after the lesise takes effect, the Airports Authority shall pay to the Treasury of the United States, to be deposited to the credit of the Civil Service Retirement and Disability Fund, an amount determined by the Office of Personnel Management to represent the actual added costs incurred by the Fund due to discontinued service retirement under section

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 100 STAT. 3341-379

,^..; ,.

,

"^7l ' *'

PUBLIC LAW 99-591—OCT. 30, 1986 8336(d)(l) of title 5, United States Code, of employees who elect not to transfer to the Airports Authority. (B) UNFUNDED LIABILITY.—Not later than one year after the lease takes effect, the Airports Authority shall pay to the Treasury of the United States, to be deposited to the credit of the Civil Service Retirement and Disability Fund, an amount determined by the Office of Personnel Management to represent the present value of the difference between (i) the future cost of benefits payable from the Fund and due the employees covered under section 6008(e) of this title that are attributable to the period of employment following the date the lease takes effect, and (ii) the contributions made by the employees and the Airports Authority under section 6008(e). In determining the amount due, the Office of Personnel Management shall take into consideration the actual interest such amount can be expected to earn when invested in the Treasury of the United States,

(c) MINIMUM TERMS AND CONDITIONS.—The Airports Authority

shall agree, at a minimum, to the following conditions and requirements in the lease: (1) OPERATION OF AIRPORTS AS A UNIT.—The Airports Authority shall operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan Washington area. (2) AIRPORT PURPOSES.—The real property constituting the Metropolitan Washington Airports shall, during the period of the lease, be used only for airport purposes. For the purposes of this paragraph, the term "airport purposes" means a use of property interests (other than a sale) for aviation business or activities, or for activities necessary or appropriate to serve passengers or cargo in air commerce, or for nonprofit, public use facilities. If the Secretary determines that any portion of the real property leased to the Airports Authority pursuant to this Act is used for other than airport purposes, the Secretary shall (A) direct that appropriate measures be taken by the Airports Authority to bring the use of such portion of real property in conformity with airport purposes, and (B) retake possession of such portion of real property if the Airports Authority fails to bring the use of such portion into a conforming use within a reasonable period of time, as determined by the Secretary. (3) AIP REQUIREMENTS.—The Airports Authority shall be subject to the requirements of section 511(a) of the Airport and Airway Improvement Act of 1982 and the assurances and conditions required of grant recipients under such Act as of the date the lease takes effect. Notwithstanding section 511(a)(12) of such Act, all revenues generated by the Metropolitan Washington Airports shall be expended for the capital and operating costs of such airports. (4) CONTRACTS.—In acquiring by contract supplies or services for an amount estimated to be in excess of $200,000, or awarding concession contracts, the Airports Authority shall obtain, to the maximum extent practicable, full and open competition through the use of published competitive procedures. By a vote of seven members, the Airports Authority may grant exceptions to the requirements of this paragraph.

.

(5) CONTINUATION OF REGULATIONS.—

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(A) IN GENERAL.—Except as provided in subparagraph (B), all regulations of the Metropolitan Washington Airports (14 C.F.R. part 159) shall become regulations of the Airports Authority on the date the lease takes effect and shall remain in effect until modified or revoked by the Airports Authority in accordance with procedures of the Airports Authority. (B) EXCEPTIONS.—The following regulations shall cease to be in effect on the date the lease takes effect: (i) section 159.59(a) of title 14, Code of Federal Regulations (relating to new-technology aircraft); and (ii) section 159.191 of title 14, Code of Federal Regulations (relating to violations of Federal Aviation Administration regulations as Federal misdemeanors). (C) OPERATIONS.—The Airports Authority may not increase or decrease the number of instrument flight rule takeoffs and landings authorized by the High Density Rule (14 C.F.R. 93.121 et seq.) at Washington National Airport on the date of the enactment of this Act and may not impose a limitation after the date the lease takes effect on the number of passengers taking off or landing at Washington National Airport. (6) TRANSFER OF RIGHTS, LIABIUTIES, AND OBLIGATIONS.—

(A) IN GENERAL.—Except as specified in subparagraph (B) of this paragraph, the Airports Authority shall assume all rights, liabilities, and obligations (tangible and incorporeal, present and executory) of the Metropolitan Washington Airports on the date the lease takes effect, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, and litigation relating to such rights and obligations, regardless whether judgment has been entered, damages awarded, or appeal taken. Before the date the lease takes effect, the Secretary shall also assure that the Airports Authority has agreed to cooperate in allowing representatives of the Attorney General and the Secretary adequate access to employees and records when needed for the performance of functions related to the period before the effectiveness of the lease. The Airports Authority shall assume responsibility for the Federal Aviation Administration's Master Plans for the Metropolitan Washington Airports. (B) EXCEPTIONS.—The procedure for disputes resolution contained in any contract entered into on behalf of the United States before the date the lesise takes effect shall continue to govern the performance of the contract unless otherwise agreed to by the parties to the contract. Claims for monetary damages founded in tort, by or against the United States as the owner and operator of the Metropolitan Washington Airports, arising before the date the lease takes effect shall be adjudicated as if the lease had not been entered into. (C) PAYMENTS INTO EMPLOYEES' COMPENSATION FUND.—

The Federal Aviation Administration shall remain responsible for reimbursing the Employees' Compensation Fund, pursuant to section 8147 of title 5, United States Code, for compensation paid or payable after the date the lesise takes effect in accordance with chapter 81 of title 5, United States

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PUBLIC LAW 99-591—OCT. 30, 1986 Code, with regard to any injury, disability, or death due to events arising before such date, whether or not a claim has been filed or is final on such date. (D)

COLLECTIVE

BARGAINING

RIGHTS.—The

Airports

Authority shall continue all collective bargaining rights enjoyed before the date the lesise takes effect by employees of the Metropolitan Washington Airports. (7) AUDITS.—The Comptroller General of the United States may conduct periodic audits of the activities and transactions of the Airports Authority in accordance with generally accepted management principles, and under such rules and regulations as may be prescribed by the Comptroller General. Any such audit shall be conducted at such place or places as the Comptroller General may deem appropriate. AH books, accounts, records, reports, files, papers, and property of the Airports Authority shall remain in possession and custody of the Airports Authority. (8) CODE OF ETHICS.—The Airports Authority shall develop a code of ethics and financial disclosure in order to assure the integrity of all decisions made by its board of directors and employees. (9) RESTRICTION ON USE OF CERTAIN REVENUES.—Notwithstand-

ing any other provision of law, no landing fee imposed for operating an aircraft or revenues derived from parlung automobiles— (A) at Washington Dulles International Airport may be used for maintenance or operating expenses (excluding debt '; service, depreciation, and amortization) at Washington National Airport; or (B) at Washington National Airport may be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Washington Dulles Inter., national Airport. (10) GENERAL AVIATION FEES.—The Airports Authority shall compute the fees and charges for landing general aviation aircraft at the Metropolitan Washington Airports on the same basis as the landing fees for air carrier aircraft, except that the Airports Authority may require a minimum landing fee not in excess of the landing fee for aircraft weighing 12,500 pounds. (11) OTHER TERMS.—The Secretary shall include such other terms and conditions applicable to the parties to the lease as are consistent with and carry out the provisions of this title. (d) SUBMISSION TO CONGRESS.—The Secretary shall submit the lease entered into under this section to Congress. The lease may not take effect before the passage of (1) 30 days, or (2) 10 days in which either House of Congress is in session, whichever occurs later. (e) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of the

United States shall have jurisdiction to compel the Airports Authority and its officers and employees to comply with the terms of the lease. An action may be brought on behalf of the United States by the Attorney General, or by any aggrieved party. SEC. 6006. CAPITAL IMPROVEMENTS, CONSTRUCTION, AND REHABILITATION.

(a) IMPROVEMENTS.—It is the sense of the Congress that the Airports Authority should—

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(1) pursue the improvement, construction, and rehabilitation of the facilities at Washington Dulles International Airport and Washington National Airport simultaneously; and (2) to the extent practicable, cause the improvement, construction, and rehabilitation proposed by the Secretary to be completed et both of such Airports within 5 years after the earliest date on which the Airports Authority issues bonds under the authority required by section 6007 of this title for any such improvement, construction, or rehabilitation. (b) SECRETARY'S ASSISTANCE.—The Secretary shall assist the three airports serving the Wsishington, D.C. metropolitan area in planning for operational and capital improvements at those airports and shall accelerate consideration of applications for Federal financial assistance by whichever of the three airports is most in need of increasing airside capacity. SEC. 6007. AIRPORTS AUTHORITY. (a) POWERS CONFERRED BY VIRGINIA AND THE DISTRICT OF COLUM-

BIA.—The Airports Authority shall be a public body corporate and politic, having the powers and jurisdiction as are conferred upon it jointly by the legislative authority of the Commonwealth of Virginia and the District of Columbia or by either of the jurisdictions and concurred in by the legislative authority of the other jurisdiction, but at a minimum meeting the requirements of this section. 0>) PURPOSE.—The Airports Authority shall be— (1) independent of the Commonwealth of Virginia and its local governments, the District of Columbia, and the Federal Government; and (2) a political subdivision constituted solely to operate and improve both Metropolitan Washington Airports as primary airports serving the Metropolitan Washington area. (c) GENERAL AUTHORITIES.—The Airports Authority shall be authorized— (1) to acquire, maintain, improve, operate, protect, and promote the Metropolitan Washington Airports for public purposes; (2) to issue bonds from time to time in its discretion for public purposes, including the purposes of paying all or any part of the cost of airport improvements, construction, and rehabilitation, and the acquisition of real and personal property, including operating equipment for the airports, which bonds— (A) shall not constitute a debt of either jurisdiction or a - „ political subdivision thereof; and (B) may be secured by the Airports Authority's revenues generally, or exclusively from the income and revenues of - , certain designated projects whether or not they are financed in whole or part from the proceeds of such bonds; (3) to acquire real and personal property by purchase, lease, transfer, or exchange, and to exercise such powers of eminent domain within the Commonwealth of Virginia as are conferred upon it by the Commonwealth of Virginia; (4) to levy fees or other charges; and (5) to make and maintain agreements with employee organizations to the extent that the Federal Aviation Administration is so authorized on the date of enactment of this title. (d) CONFLICT-OF-INTEREST PROVISIONS.—The Airports Authority

shall be subject to a conflict-of-interest provision providing that

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PUBLIC LAW 99-591—OCT. 30, 1986

members of the board and their immediate families may not be employed by or otherwise hold a substantial financial interest in any enterprise that has or is seeking a contract or agreement with the Airports Authority or is an aeronautical, aviation services, or airport services enterprise that otherwise has interests that can be directly affected by the Airports Authority. Exceptions to requirements of the preceding sentence may be made by the official appointing a member at the time the member is appointed, if the financial interest is fully disclosed and so long as the member does not participate in board decisions that directly affect such interest. The Airports Authority shall include in its code developed under section 6005(c)(8) of this title the standards by which members will determine what constitutes a substantial financial interest and the circumstances under which an exception may be granted. (e) BOARD OF DIRECTORS.—

(1) APPOINTMENT.—The Airports Authority shall be governed by a board of directors of 11 members, as follows: (A) five members shall be appointed by the Grovernor of Virginia; (B) three members shall be appointed by the Mayor of the District of Columbia; (C) two members shall be appointed by the Governor of Maryland; and (D) one member shall be appointed by the President with the advice and consent of the Senate. The Chairman shall be appointed from among the members by majority vote of the members and shall serve until replaced by majority vote of the members. (2) RESTRICTIONS.—Members shall (A) not hold elective or appointive political office, (B) serve without compensation other than for reasonable expenses incident to board functions, and (C) reside within the Wsishington Standard Metropolitan Statistical Area, except that the member appointed by the President shall not be required to reside in that area. (3) TERMS.—Members shall be appointed to the board for a term of 6 years, except that of members first appointed— (A) by the Governor of Virginia, 2 shall be appointed for 4 years and 2 shall be appointed for 2 years; (B) by the Mayor of the District of Columbia, 1 shall be appointed for 4 years and 1 shall be appointed for 2 years; and (C) by the Governor of Marylsind, 1 shall be appointed for 4 years. (4) REMOVAL OF PRESIDENTIAL APPOINTEES.—A member of the board appointed by the President shall be subject to removal by the President for cause. (5) REQUIRED NUMBER OF VOTES,—Seven votes shall be required to approve bond issues and the annual budget. (f) BOARD OF REVIEW.—

(1) COMPOSITION.—The board of directors shall be subject to review of its actions and to requests, in accordance with this subsection, by a Board of Review of the Airports Authority. Such Board of Review shall be established by the board of directors and shall consist of the following, in their individual capacities, as representatives of users of the Metropolitan Washington Airports:

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(A) two members of the Public Works and Transportation Committee and two members of the Appropriations Committee of the House of Representatives from a list provided by the Speaker of the House; (B) two members of the Commerce, Science, and Transportation Committee and two members of the Appropriations Committee of the Senate from a list provided by the President pro tempore of the Senate; and (C) one member chosen alternately from members of the House of Representatives and members of the Senate, from a list provided by the Speaker of the House or the President pro tempore of the Senate, respectively. The members of the Board of Review shall elect a chairman. A member of the House of Representatives or the Senate from Maryland or Virginia and the Delegate from the District of Columbia may not serve on the Board of Review. (2) TERMS.—Members of the Board of Review appointed under subparagraphs (A) and (B) of paragraph (1) shall be appointed for terms of six years, except that of the members first appointed, one member under each of subparagraphs (A) and (B) shall be appointed for a term of two years and one member under each of subparagraphs (A) and (B) shall be appointed for a term of four years. Members of the Board of Review appointed under subparagraph (C) shall be appointed for terms of two years. A vacancy in the Board shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. (3) PROCEDURES.—The Board of Review shall establish procedures for conducting its business. The procedures may include requirements for a quorum at meetings and for proxy voting. The Board shall meet at least once each year and shall meet at the call of the chairman or 3 members of the Board. Any decision of the Board of Review under paragraph (4) or (5) shall be by a vote of 5 members of the Board. (4) DISAPPROVAL PROCEDURE.— (A) SUBMISSION REQUIRED.—An action of the Airports

Authority described in subparagraph (B) shall be submitted to the Board of Review at least 30 days (or at least 60 days in the case of the annual budget) before it is to become effective. (B) ACTIONS AFFECTED.—The following are the actions

referred to in subparagraph (A): (i) the adoption of an annual budget; (ii) the authorization for the issuance of bonds; (iii) the adoption, amendment, or repeal of a regulation; (iv) the adoption or revision of a master plan, including any proposal for land acquisition; and (v) the appointment of the chief executive officer. (C) 30-DAY DISAPPROVAL PERIOD.—If the Board of Review does not disapprove an action within 30 days of its submission under this paragraph, the action may take effect. If the Board of Review disapproves any such action, it shall notify the Airports Authority and shall give reasons for the disapproval.

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PUBLIC LAW 99-591—OCT. 30, 1986

n:

(Dj EFFECT OF DISAPPROVAL.—An action disapproved under this paragraph shall not take effect. Unless an annual budget for a fiscal year has taken effect in accordance with this paragraph, the Airports Authority may not obligate or expend any money in such fiscal year, except for (i) debt service on previously authorized obligations, and (ii) obligations and expenditures for previously authorized capital expenditures and routine operating expenses. (5)

REQUEST FOR CONSIDERATION OF OTHER MATTERS.—The

Board of Review may request the Airports Authority to consider and vote, or to report, on any matter related to the Metropolitan Washington Airports. Upon receipt of such a request the Airports Authority shall consider and vote, or report, on the matter as promptly as feasible. (6) PARTICIPATION IN MEETINGS OF AIRPORTS AUTHORITY.—

Members of the Board of Review may participate as nonvoting members in meetings of the board of the Airports Authority. (7) STAFF.—The Board of Review may hire two staff persons to be paid by the Airports Authority. The Airports Authority shall provide such clerical and support staff as the Board may require. (8) LIABILITY.—A member of the Board of Review shall not be liable in connection with any claim, action, suit, or proceeding arising from service on the Board. (g) CERTAIN ACTIONS TO B E TAKEN BY REGULATION.—Any action of the Airports Authority changing, or having the effect of changing, the hours of operation of or the type of aircraft serving either of the Metropolitan Washington Airports may be taken only by regulation of the Airports Authority. (h) LIMITATION ON AUTHORITY.—If the Board of Review established under subsection (f) is unable to carry out its functions under this title by reason of a judicial order, the Airports Authority shall have no authority to perform any of the actions that are required by paragraph (f)(4) to be submitted to the Board of Review. SEC. 6008. FEDERAL EMPLOYEES AT THE METROPOLITAN WASHINGTON AIRPORTS.

(a) EMPLOYEE PROTECTION.—Not later than the date the lease under section 6005 takes effect, the Secretary shall ensure that the Airports Authority has established arrangements to protect the employment interests of employees during the 5-year period beginning on such date. These arrangements shall include provisions— (1) which ensure that the Airports Authority will adopt labor agreements in accordance with the provisions of subsection 0?) of this section; (2) for the transfer and retention of all employees who agree to transfer to the Airports Authority in their same positions for the 5-year period commencing on the date the lease under section 6005 takes effect except in cases of reassignment, separation for cause, resignation, or retirement; (3) for the payment by the Airports Authority of basic and premium pay to transferred employees, except in cases of separation for cause, resignation, or retirement, for 5 years commencing on the date the lease takes effect at or above the rates of pay in effect for such employees on such date; (4) for credit during the 5-year period commencing on the date the lease takes effect for accrued annual and sick leave and

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100 STAT. 3341-386

n. seniority rights which have been accrued during the period of Federal employment by transferred employees retained by the Airports Authority; and ^ (5) for an offering of not less than one life insurance and three a: health insurance programs for transferred employees retained by the Airports Authority during the 5-year period beginning on 1 the date the lease takes effect which are reasonably comparable J with respect to employee premium cost and coverage to the I Federal health and life insurance programs available to employees on the day before such date. Qo) LABOR AGREEMENTS.—

(1) ADOPTION.—The Airports Authority shall adopt all labor agreements which are in effect on the date the lease under ^ section 6005 takes effect. Such agreements shall continue in = effect for the 5-year period commencing on such date, unless the agreement provides for a shorter duration or the parties agree to the contrary before the expiration of that 5-year period. Such agreements shall be renegotiated during the 5-year period, „ unless the parties agree otherwise. Any labor-management
 * negotiation impasse declared before the date the lease takes

^j effect shall be settled in accordance with chapter 71 of title 5, United States Code. (2) CONTINUATION.—The arrangements made pursuant to this ^ section shall assure, during the 50-year lease term, the continu"^ ation of all collective bargaining rights enjoyed by transferred employees retained by the Airports Authority. (c) RIGHTS OF TERMINATED EMPLOYEES.—Any transferred employee whose employment with the Airports Authority is terminated during the 5-year period beginning on the date the lease under section 6005 takes effect shall be entitled, as a condition of any lease entered into in accordance with section 6005 of this title, to rights and benefits to be provided by the Airports Authority that are similar to those such employee would have had under Federal law if termination had occurred immediately before such date. (d) ANNUAL AND SICK LEAVE.—Any employee who transfers to the

Airports Authority under this section shall not be entitled to lumpsum payment for unused annual leave under section 5551 of title 5, United States Code, but shall be credited by the Airports Authority with the unused annual leave balance on the date the lease under section 6005 takes effect, along with any unused sick leave balance on such date. During the 5-year period beginning on such date, annual and sick leave shall be earned at the same rates permitted on the day before such date, and observed official holidays shall be the same as those specified in section 6103 of title 5, United States Code. (e) CIVIL SERVICE RETIREMENT.—Any Federal employee who transfers to the Airports Authority and who on the day before the date the lease under section 6005 takes effect is subject to subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title shall, so long as continually employed by the Airports Authority without a break in service, continue to be subject to such subchapter or chapter, as the case may be. Employment by the Airports Authority without a break in continuity of service shall be considered to be employment by the United States Government for purposes of such subchapter and chapter. The Airports Authority shall be the employing agency for purposes of such subchapter and chapter and shall contribute to the Civil Service Retirement and

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Page:United States Statutes at Large Volume 100 Part 4.djvu/992

 100 STAT. 3341-387

PUBLIC LAW 99-591—OCT. 30, 1986

Disability Fund such sums as are required by such subchapter and chapter. (f) SEPARATED EMPLOYEES.—An employee who does not transfer to the Airports Authority and who does not otherwise remain a Federal employee shall be entitled to all of the rights and benefits available under Federal law for separated employees, except that severance pay shall not be payable to an employee who does not accept an offer of employment from the Airports Authority of work substantially similar to that performed for the Federal Government. (g) ACCESS TO RECORDS.—The Airports Authority shall allow representatives of the Secretary adequate access to employees and employee records of the Airports Authority when needed for the performance of functions related to the period before the date the lease under section 6005 takes effect. The Secretary shall provide the Airports Authority access to employee records of transferring employees for appropriate purposes. SEC. 6009. RELATIONSHIP TO AND EFFECT OF OTHER LAWS.

(a) OTHER LAWS.—In order to assure that the Airports Authority has the same proprietary powers and is subject to the same restrictions with respect to Federal law as any other airport except as otherwise provided in this title, during the period that the lease authorized by section 6005 of this title is in effect— (1) the Metropolitan Washington Airports shall be considered " public airports for purposes of the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2201 et seq.); and (2) the Acts entitled "An Act to provide for the administration of the Washington National Airport, and for other purposes", approved June 29, 1940 (54 Stat. 686), "An Act to authorize the construction, protection, operation, and maintenance of a public airport in or in the vicinity of the District of Columbia", approved September 7, 1950 (64 Stat. 770), and "An act making supplemental appropriations for the support of the Government . for the fiscal year ending June 30, 1941, and for other pur' ' poses", approved October 9, 1940 (54 Stat. 1030), shall not apply to the operation of the Metropolitan Washington Airports, and the Secretary shall be relieved of all responsibility under those Acts. (b) INAPPUCABILITY OF CERTAIN LAWS.—The Metropolitsm Washington Airports and the Airports Authority shall not be subject to the requirements of any law solely by reason of the retention by the United States of the fee simple title to such airports or by reason of the authority of the Board of Review under subsection 6007(f). (c) PoucE POWER.—The Commonwealth of Virginia shall have concurrent police power authority over the Metropolitan Washington Airports, and the courts of the Commonwealth of Virginia may exercise jurisdiction over Washington National Airport. (d) PLANNING.—

(1) IN GENERAL.—The authority of the National Capital Planning Commission under section 5 of the Act of June 6, 1924 (40 U.S.C. 7 Id) shall not apply to the Airports Authority. (2) CONSULTATION.—The Airports Authority shall consult— (A) with the National Capital Planning Commission and the Advisory Council on Historic Preservation before undertaking any major alterations to the exterior of the

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Page:United States Statutes at Large Volume 100 Part 4.djvu/993

 PUBLIC LAW 99-591—OCT. 30, 1986 '

100 STAT. 3341-388

main terminal at Washington Dulles International Airport, and (B) with the National Capital Planning Commission before undertaking development that would alter the skyline of Washington National Airport when viewed from the opposing shoreline of the Potomac River or from the George Washington Parkway,

(e) OPERATION LIMITATIONS.— (1) HIGH DENSITY RULE.—The

Administrator may not increase the number of instrument flight rule takeoffs and landings authorized for air carriers by the High Density Rule (14 C.F.R. 93.121 et seq.) at Washington National Airport on the date of the enactment of this title and may not decrease the number of such takeoffs and landings except for reasons of safety. (2) ANNUAL PASSENGER LIMITATIONS.—The Federal Aviation Administration air traffic regulation entitled "Modification of Allocation: Washington National Airport" (14 C.F.R. 93.124) shall cease to be in effect on the date of the enactment of this title.

SEC. 6010. AUTHORITY TO NEGOTIATE EXTENSION OF LEASE.

The Secretary and the Airports Authority may at any time negotiate an extension of the lease entered into under section 6005(a). SEC. 6011. SEPARABILITY.

Except as provided in section 6007(h), if any provision of this title or the application thereof to any person or circumstance, is held invalid, the remainder of this title and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 6012. NONSTOP FLIGHTS.

air carrier may not operate an aircraft nonstop in air transportation between Washington National Airport and another airport that is more than 1,250 statute miles away from Washington National Airport. PERIMETER RULE.—An

Approved October 30, 1986.

Note: When the President signed H.J. Res. 738 on October 18, 1986, it was assigned Public Law No. 99-500. The following statement was issued by the President in conjunction with his signing of Public Law 99-591: On October 17, 1986, I was presented by the Congress with an enrolled resolution designated H.J. Res. 738, a joint resolution making continuing appropriations for the

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Page:United States Statutes at Large Volume 100 Part 4.djvu/994

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-389

fiscal year 1987, and for other purposes. I signed this measure into law on October 18, 1986. I have since learned that H.J. Res. 738 was not properly enrolled, in that a small number of paragraphs of text were omitted due to clerical error. The provisions I signed into law on October 18 remain the law of the land. The Supreme Court has held that transmission errors of this sort do not in any way vitiate the legal effect of a President's signature. Accordingly, that which was signed became law. H.J. Res. 738 has since been properly enrolled and has been presented to me for signature. My signing of H.J. Res. 738 today will enable the provisions previously omitted to become law as well.

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LEGISLATIVE HISTORY—H.J. Res. 738 (H.R. 5052) (H.R. 5161) (H.R. 5162) (H.R. 5175) (H.R. 5177) (H.R. 5203) (H.R. 5205) (H.R. 5233) fH.R. 5234) (H.R. 5294) (H.R. 5313) (H.R. 5339) (H.R. 5438): HOUSE REPORTS: No. 99-1005 (Comm. of Conference). SENATE REPORTS: No. 99-500 (Comm. on Appropriations).

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Page:United States Statutes at Large Volume 100 Part 4.djvu/995

 PUBLIC LAW 99-591—OCT. 30, 1986

LEGISLATIVE HISTORY—H.J. Res. 738—Continued

100 STAT. 3341-390

CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 25, considered and passed House. Sept. 29, 30, Oct. 1-3, considered and passed Senate, amended. Oct. 15, House agreed to conference report, receded and concurred in certain Senate amendment, in others with amendments. Oct. 16, Senate agreed to conference report, concurred in certain House amendment and receded from another. Oct. 17, Senate concurred in certain House amendment with an amendment; House receded from certain Senate amendments and concurred in another. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 30, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/996

 100 STAT. 3342

PUBLIC LAW 99-592—OCT. 31, 1986

Public Law 99-592 99th Congress Oct. 31, 1986 [H.R. 4154]

Age Discrimination in Employment Amendments of 1986. 29 USC 621 note.

An Act

To amend the Age Discrimination in Employment Act of 1967 to remove the maximum age limitation applicable to employees who are protected under such Act, 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 "Age Discrimination in Employment Amendments of 1986". SEC. 2. AMENDMENTS RELATING TO MAXIMUM AGE.

Ante, p. 171.

Ante, p. 171.

(a) COVERAGE UNDER GROUP HEALTH PLANS.—Subsection (g)(1) of section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(g)(1)), as added by section 116(a) of the Tax Equity and Fiscal Responsibility Act of 1982, is amended by striking out "through 69" each place it appears and inserting in lieu thereof "or older". (b) TECHNICAL AMENDMENT.—Subsection (g) of section 4 of the Age Discrimination in Employment Act of 1967, as added by section 802(b)(2) of the Older Americans Act Amendments of 1984, is amended by striking out "(g)(1)" and inserting in lieu thereof "(h)(1)". (c) REMOVAL OF MAXIMUM AGE LIMITATION.—Section 12 of the Age

Discrimination in Employment Act of 1967 (29 U.S.C. 631) is amended— (1) in subsection (a) by striking out "but less than seventy years of age", and (2) in subsection (c)(1) by striking out "but not seventy years of age,. SEC. 3. EMPLOYMENT AS FIREFIGHTER OR LAW ENFORCEMENT OFFICER. State and local governments.

29 USC 623 and note.

(a) GENERAL RULE.—Section 4 of the Age Discrimination in

Employment Act of 1967 (29 U.S.C. 623) is amended by adding at the end thereof the following new subsection: "(i) It shall not be unlawful for an employer which is a State, a political subdivision of a State, an agency or instrumentality of a State or a political subdivision of a State, or an interstate agency to fail or refuse to hire or to discharge any individual because of such individual's age if such action is taken— "(1) with respect to the employment of an individual as a firefighter or as a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable State or local law on March 3, 1983, and "(2) pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade the purposes of this Act.". (b) TERMINATION PROVISION.—The amendment made by subsection (a) of this section is repealed December 31, 1993.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/997

 PUBLIC LAW 99-592—OCT. 31, 1986

100 STAT. 3343

SEC. 4. DEFINITIONS.

Section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630) is amended by adding at the end thereof the following new subsections: "(j) The term 'firefighter' means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position. "(k) The term 'law enforcement officer' means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of a State, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this subsection, 'detention' includes the duties of employees assigned to guard individuals incarcerated in any penal institution.". SEC. 5. STUDY AND PROPOSED GUIDELINES RELATING TO POLICE 29 USC 622 note. OFFICERS AND FIREFIGHTERS.

(a) STUDY.—Not later than 4 years after the date of enactment of this Act, the Secretary of Labor and the Equal Employment Opportunity Commission, jointly, shall— (1) conduct a study— (A) to determine whether physical and mental fitness tests are valid measurements of the ability and competency of police officers and firefighters to perform the requirements of their jobs, (B) if such tests are found to be valid measurements of such ability and competency, to determine which particular types of tests most effectively mesisure such ability and competency, and (C) to develop recommendations with respect to specific standards that such tests, and the administration of such tests should satisfy, and (2) submit a report to the Speaker of the House of Repre- Reports, sentatives and the President pro tempore of the Senate that includes— (A) a description of the results of such study, and (B) a statement of the recommendations developed under paragraph (1)(C). (b) CONSULTATION REQUIREMENT.—The Secretary of Labor and the Equal Employment Opportunity Commission shall, during the conduct of the study required under subsection (a) and prior to the ^ < development of recommendations under paragraph (1)(C), consult with the United States Fire Administration, the Federal Emergency Management Agency, organizations representing law enforcement officers, firefighters, and their employers, and organizations representing older Americans. (c) PROPOSED GUIDEUNES.—Not later than 5 years after the date of the enactment of this Act, the Equal Emplo5rment Opportunity Commission shall propose, in accordance with subchapter II of chapter 5 of title 5 of the United States Code, guidelines for the 5 USC 551. administration and use of physical and mental fitness tests to measure the ability and competency of police officers and firefighters to perform the requirements of their jobs.

71-194 0 - 89 - 33: QL. 3 PartA

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Page:United States Statutes at Large Volume 100 Part 4.djvu/998

 100 STAT. 3344

PUBLIC LAW 99-592—OCT. 31, 1986

SEC. 6 SPECIAL RULE FOR TENURED FACULTY. . (a) SPECIAL RULE.—Section 12 of the Age Discrimination

20 USC 1141. 29 USC 631 and note. contracts. 29 USC 624 note.

Reports.

29 USC 623 note.

in

Employment Act of 1967 (29 U.S.C. 631) is amended by adding at the end thereof the following new subsection: "(d) Nothing in this Act shall be construed to prohibit compulsory retirement of any employee who has attained 70 years of age, and who is serving under a contract of unlimited tenure (or similar arrangement providing for unlimited tenure) at an institution of higher education (EIS defined by section 1201(a) of the Higher Education Act of 1965).". (b) TERMINATION PROVISION.—The amendment made by subsection (a) of this section is repealed December 31, 1993. (c) STUDY REQUIRED.—(1) The Equal Employment

Opportunity

Commission shall, not later than 12 months after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences for the conduct of a study to analyze the potential consequences of the elimination of mandatory retirement on institutions of higher education. (2) The study required by paragraph (1) of this subsection shall be conducted under the general supervision of the National Academy of Sciences by a study panel composed of 9 members. The study panel shall consist of— (A) 4 members who shall be administrators at institutions of higher education selected by the National Academy of Sciences after consultation with the American Council of Ekiucation, the Association of American Universities, and the National Association of State Universities and Land Grant Colleges; (B) 4 members who shall be teachers or retired teachers at institutions of higher education (who do not serve in an administrative capacity at such institutions), selected by the National Academy of Sciences after consultation with the American Federation of Teachers, the National Education Association, the American Association of University Professors, and the American Association of Retired Persons; and (C) one member selected by the National Academy of Sciences. (3) The results of the study shall be reported, with recommendations, to the President and to the Congress not later than 5 years after the date of enactment of this Act. (4) The expenses of the study required by this subsection shall be paid from funds available to the Equal Employment Opportunity Commission. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) IN GENERAL.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on January 1, 1987, except that with respect to any employee who is subject to a collective-bargaining agreement— (1) which is in effect on June 30, 1986, ,. (2) which terminates after January 1, 1987, ' '^' (3) any provision of which was entered into by a labor organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and (4) which contains any provision that would be superseded by such amendments, but for the operation of this section.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/999

 PUBLIC LAW 99-592—OCT. 31, 1986

100 STAT. 3345

such amendments shall not apply until the termination of such collective bargaining agreement or January 1, 1990, whichever occurs first. Oo) EFFECT ON EXISTING CAUSES OF ACTION.—The amendments made by sections 3 and 4 of this Act shall not apply with respect to any cause of action arising under the Age Discrimination in Employment Act of 1967 as in effect before January 1, 1987. 29 USC 621 note. Approved October 31, 1986.

LEGISLATIVE HISTORY—H.R. 4154: HOUSE REPORTS: No. 99-756 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and passed House. Oct. 16, considered and passed Senate, amended. Oct. 17, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 1, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1000

 100 STAT. 3346

PUBLIC LAW 99-593—OCT. 31, 1986

Public Law 99-593 99th Congress .. -r..T.- -t Oct. 31, 1986 [H.R. 4576]

Public buildings ana grounds.

i ^ *' A n Act-

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To designate the United States Attorney's Building for the Southern District of New York as the "Silvio James Mollo Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building known as the United States Attorney's Building for the Southern District of New York, located at One St. Andrew's Plaza, New York, New York, shall hereafter be known and designated as the "Silvio James Mollo Federal Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the "Silvio James Mollo Federal Building". Approved October 81, 1986.

LEGISLATIVE HISTORY—H.R. 4576: HOUSE REPORTS: No. 99-885 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1001

 PUBLIC LAW 99-594—OCT. 31, 1986 Public Law 99-594 99th Congress

100 STAT. 3347 i

An Act To authorize the construction by the Secretary of Agriculture of a salinity laboratory at Riverside, California.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That notwithstanding section 1431(a) of Public Law 99-198 (99 Stat. 1556), there are authorized to be appropriated beginning in the fiscal year ending September 30, 1987, such sums as may be necessary for the planning, construction, and acquisition, by the Secretary of Agriculture acting through the Agricultural Research Service, of buildings and equipment to establish a salinity laboratory to be located at Riverside, California. Moneys appropriated under this Act shall remain available without fiscal year limitation. Approved October 31, 1986.

LEGISLATIVE HISTORY—H.R. 5215: HOUSE REPORTS: No. 99-966 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, 7, considered and passed House. Oct. 18, considered and passed Senate.

Oct. 31, 1986 [H.R. 5215]

Appropriation authorization.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1002

 100 STAT. 3348

PUBLIC LAW 99-595—OCT. 31, 1986

Public Law 99-595 99th Congress

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jp

An Act Oct. 31, 1986 [H.R. 5679]

26 USC 3306.

To extend the exclusion from Federal unemployment tax of wages paid to certain alien farmworkers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3306(c)(1)(B) of the Internal Revenue Code of 1954 is amended by striking out "before January 1, 1988," and inserting in lieu thereof "before January 1, 1993,". Approved October 31, 1986. , ^

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LEGISLATIVE HISTORY—H.R. 5679: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 9, 10, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1003

 PUBLIC LAW 99-596—NOV 3, 1986

100 STAT. 3349

Public Law 99-596 99th Congress An Act To authorize the Secretary of the Navy to make a certain conveyance of real property.

Nov. 3, 1986 [H.R. 5682]

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

Maryland. ™qe

SECTION 1. LAND CONVEYANCE, CECIL COUNTY, MARYLAND.

(a) AUTHORITY TO SELL.—Subject to subsections (b) through (f), the Secretary of the Navy may dispose of the real property (and improvements thereon) constituting the former Naval Training Center, Bainbridge, Cecil County, Maryland, by sale to private parties or transfer to other government agencies upon such terms and conditions as the Secretary determines to be in the public interest. (b) COMPETITIVE BIDDING REQUIREMENT.—The sale described in subsection (a) shall be conducted in accordance with competitive bidding procedures prescribed in section 2304 of title 10, United States Code. In no event may the property described in subsection (a) be sold for less than the fair market value thereof. (c) PROPERTY RESTORATION.—Before any sale, the Secretary shall. using any funds available for such purpose, restore such property to a condition that meets all applicable Federal and State of Maryland environmental protection regulations. (d) USE OF FUNDS.—Upon the sale of the property, the proceeds from the sale shall be used to reimburse the source from which funds were provided for property restoration under subsection (c). (e) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal description of the property sold or exchanged under this section shall be in accordance with surveys that are satisfactory to the Secretary. (f) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. Approved November 3, 1986.

LEGISLATIVE HISTORY—H.R. 5682: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House. Oct. 18, considered and passed Senate.

Environmental protection.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1004

 100 STAT. 3350

PUBLIC LAW 99-597—NOV. 3, 1986

Public Law 99-597 99th Congress

^r An Act

Nov. 3, 1986 rg 2948]

Space program.

To authorize the President to promote posthumously the late Lieutenant Colonel Ellison S. Onizuka to the grade of Colonel.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to promote posthumously to the grade of colonel the late Lieutenant Colonel Ellison S. Onizuka, United States Air Force, who died on January 28, 1986, while serving as a crew member on the space shuttle Challenger. SEC. 2. No increase in compensation or benefits based on the military service of the late Lieutenant Colonel Ellison S. Onizuka shall result from a posthumous promotion authorized under the first section of this Act. Approved November 3, 1986.

LEGISLATIVE HISTORY—S. 2948: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed Senate. Oct. 18, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1005

 PUBLIC LAW 99-598—NOV. 4, 1986 Public Law 99-598 99th Congress

100 STAT. 3351

An Act

To amend title 28, United States Code, relating to quiet title actions against the United States, with respect to actions brought by States.

Nov. 4, 1986 [H.R. 2484]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2409a Claims. of title 28, United States Code, is amended— (1) by redesignating subsection (g) as subsection (n); (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (3) by inserting after subsection Qa) the following new subsection: "(c) No preliminary injunction shall issue in any action brought under this section."; (4) in subsection (g), as redesignated by paragraph (2), by inserting ", except for an action brought by a State," after "this section"; and (5) by inserting after subsection (g), as so redesignated, the following: "(h) No civil action may be maintained under this section by a Defense and State with respect to defense facilities (including land) of the United national States so long as the lands at issue are being used or required by the security. United States for national defense purposes as determined by the head of the Federal agency with jurisdiction over the lands involved, if it is determined that the State action was brought more than twelve years after the State knew or should have known of the claims of the United States. Upon cessation of such use or requirement, the State may dispute title to such lands pursuant to the provisions of this section. The decision of the head of the Federal agency is not subject to judicial review. "(i) Any civil action brought by a State under this section with respect to lands, other than tide or submerged lands, on which the United States or its lessee or right-of-way or easement grantee has made substantial improvements or substantial investments or on which the United States has conducted substantial activities pursuant to a management plan such as range improvement, timber harvest, tree planting, mineral activities, farming, wildlife habitat improvement, or other similar activities, shall be barred unless the action is commenced within twelve years after the date the State received notice of the Federal claims to the lands. "(j) If a final determination in an action brought by a State under this section involving submerged or tide lands on which the United States or its lessee or right-of-way or easement grantee has made substantial improvements or substantial investments is adverse to the United States and it is determined that the State's action was brought more than twelve years after the State received notice of the Federal claim to the lands, the State shall take title to the lands subject to any existing lease, easement, or right-of-way. Any com-

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1006

 100 STAT. 3352

HI

PUBLIC LAW 99-598—NOV. 4, 1986

pensation due with respect to such lease, easement, or right-of-way shall be determined under existing law. "(k) Notice for the purposes of the accrual of an action brought by a State under this section shall be— "(1) by public communications with respect to the claimed "'^ lands which are sufficiently specific as to be reasonably calculated to put the claimant on notice of the Federal claim to the jif lands, or ^v "(2) by the use, occupancy, or improvement of the clsdmed lands which, in the circumstances, is open and notorious. "(1) For purposes of this section, the term 'tide or submerged lands' means 'lands beneath navigable waters' as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301). "(m) Not less than one hundred and eighty days before bringing any action under this section, a State shall notify the head of the Federal agency with jurisdiction over the lands in question of the State's intention to file suit, the basis therefor, and a description of the lands included in the suit.". .. Approved November 4, 1986.

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LEGISLATIVE HISTORY—H.R. 2484: HOUSE REPORTS: No. 99-924 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 30, considered and passed House. Oct. 16, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 4, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1007

 PUBLIC LAW 99-599—NOV. 5, 1986

100 STAT. 3353

Public Law 99- 599 99th Congress An Act To designate the building commonly known as the Old Post Office in Worcester, Massachusetts, as the "Harold D. Donohue Federal Building".

Nov. 5, 1986 [H.R. 4118]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the General Public Services Administration building commonly known as the Old Post buildings Office, located at 595 Main Street, Worcester, Massachusetts, shall and grounds. hereafter be known and designated as the "Harold D. Donohue Federal Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be reference to the "Harold D. Donohue Federal Building". Approved November 5, 1986.

LEGISLATIVE HISTORY—H.R. 4118: HOUSE REPORTS: No. 99-881 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/1008

 100 STAT. 3354

PUBLIC LAW 99-600—NOV. 5, 1986

Public Law 99-600 99th Congress An Act Nov. 5, 1986 [H.R. 5167] New Mexico. Indians. Petroleum and petroleum products. Natural gas.

To declare that the United States holds certain public domain lands in trust for the Pueblo of Zia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1 LANDS HELD IN TRUST FOR PUEBLO OF ZIA. . (a) LANDS HELD IN TRUST.—All right, title, and interest of the

United States in and to the surface and mineral estates (including oil and gas) of the following lands described in subsection (b) are hereby declared to be held by the United States in trust for the benefit and use of the Pueblo of Zia. (b) LAND DESCRIPTION.—The lands referred to in subsection (a) are approximately 1,840 acres of land under the jurisdiction of the Bureau of Land Management of the Department of the Interior situated within Sandoval County, New Mexico, more particularly described as follows: Southeast quarter of the northeast quarter and the southeast quarter of Section 24, Township 15 North, Range 1 East, New Mexico Principal Meridian; All of Section 25, Township 15 North, Range 1 East, New Mexico Principal Meridian; South half of the southwest quarter and the southeast quarter of Section 26, Township 15 North, Range 1 East, New Mexico Principal Meridian; All of Section 35, Township 15 North, Range 1 East, New Mexico Principal Meridian; and Lot 1, and the southeast quarter of the northeast quarter, and the northeast quarter of the southeast quarter of section 3, Township 14 North, Range 1 East, New Mexico Principal Meridian. SEC. 2. ADMINISTRATION OF LANDS HELD IN TRUST FOR PUEBLO OF ZIA.

(a) IN GENERAL.—Upon enactment of this Act and subject to the other provisions of this Act, the lands described in section 1 shall be administered in accordance with the laws generally applicable to property held in trust by the United States for Indian tribes. (b) GROSS RECEIPTS FROM LANDS HELD I N TRUST.—All gross receipts (including, but not limited to, bonuses, rents, and royalties) which— (1) are derived by the United States from any contract, permit, or lease relating to the surface or mineral estate in the lands described in section 1, and (2) are received by the United States after the date of enactment of this Act, shall be administered in accordance with the laws generally applicable to receipts from property held in trust by the United States for Indian tribes. SEC. 3. APPLICATIONS FOR MINERAL LEASES. Petroleum and petroleum products. Natural gas.

Notwithstanding any other provision of law, all applications for mineral leases involving the lands described in section 1, including oil and gas leases, pending on the date of enactment of this Act shall
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 PUBLIC LAW 99-600—NOV. 5, 1986

100 STAT. 3355

be rejected and the advance rental payments returned to the apphcants. SEC. 4. CERTAIN RIGHTS WITH RESPECT TO LANDS HELD IN TRUST FOR PUEBLO OF ZIA.

(a) VALID EXISTING RIGHTS.—Nothing in this Act shall deprive any person (other than the United States) of any lease, right-of-way, mining claim, grazing permit, water right, or other right or interest which such person may have in the surface or mineral estate of any lands described in section 1 on the day before the date of enactment of this Act. (b) WATER RIGHTS.—The water rights appurtenant to the lands described in section 1 shall be those water rights that are appurtenant to such lands under State law on the day before the date of enactment of this Act. Nothing in this Act shall be construed to create or affect any water rights other than those that are appurtenant to such lands under State law on the day before the date of enactment of this Act.

Minerals and mining. Water.

State and local governments.

(c) RIGHT-OF-WAY FOR 1 1 5 - K V TRANSMISSION LINE.—(1) Nothing

in this Act shall affect the right-of-way over any lands described in section I for a 115-KV transmission line by Plains Electric Generation and Transmission Cooperative, Inc., granted by the Bureau of Land Management of the Department of the Interior on April 18, 1961, and bearing identification number NM0149992. (2) Plains Electric Generation and Transmission Cooperative, Inc., and its successors and assigns, shall be permitted to renew the rightof-way described in paragraph (1) under rules and regulations of the Secretary to the same extent and in the same manner that such permit could have been renewed if this Act had not been enacted. (3) No charge, fee, or tax may be imposed by the Pueblo of Zia on Taxes. any lands, facilities, activities, or revenues in connection with the right-of-way described in paragraph (1), except for fees charged with respect to any renewed right-of-way described in paragraph (2). (d) OIL AND GAS LEASES.—(1) Nothing in this Act shall affect— (A) the oil and gas lease issued on May 1, 1983, by the United States to Yates Petroleum Corporation, bearing Serial No. NM 55801, (B) the oil and gas lease issued December 1, 1977, by the United States to Merle C. Chambers, Denver, Colorado, bearing Serial No. NM 31557, (C) any other oil or gas leases that were valid and existing on the day before the date of enactment of this Act, (D) any right, term, condition, and covenant (both express and implied) granted under any oil or gas lease referred to in subparagraph (A), (B), or (C), and (E) reasonable access (including, but not limited to, rights of ingress and egress) across lands described in section 1 or which are otherwise owned by or under the control of the Pueblo of Zia

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 100 STAT. 3356

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PUBLIC LAW 99-600—NOV. 5, 1986

insofar as it may be necessary to cross such lands in order to reach lands subject to any oil or gas lease referred to in subparagraph (A), (B), or (C). (2) Subject to valid existing rights, the leases described in subsection 4(d)(1) shall be administerd under rules and regulations of the Secretary to the same extent and in the same manner that such leases would be administered if this Act had not been enacted. Approved November 5, 1986.

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LEGISLATIVE HISTORY—H.R. 5167: HOUSE REPORTS: No. 99-819 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and passed House. Oct. 16, considered and passed Senate, amended; House concurred in Senate amendments.

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 PUBLIC LAW 99-601—NOV. 5, 1986

100 STAT. 3357

Public Law 99-601 99th Congress An Act To amend the National Housing Act to provide for the eligibility of certain property for single family mortgage insurance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 203 of the National Housing Act is amended by adding at the end the following new subsection: "(q)(l) Notwithstanding any other provision of this section or any other section of this title, the Secretary may insure and commit to insure, under subsection (b) as modified by this subsection, any mortgage secured by property located on land that— "(A) is within the Allegany Reservation of the Seneca Nation of New York Indians; and "(B) is subject to a lease entered into for a term of 99 years pursuant to the Act of February 19, 1875 (Chapter 90; 18 Stat. 330) and the Act of September 30, 1890 (Chapter 1132; 26 Stat. 558). "(2) A mortgage shall be eligible for insurance under subsection (b) as modified by this subsection without regard to limitations in this title relating to marketability of title or any other statutory restriction that the Secretary determines is contrary to the purpose of this subsection. "(3) The Secretary, in connection with any mortgage insured under subsection (b) as modified by this subsection, shall have all statutory powers, authority, and responsibilities that the Secretary has with respect to other mortgages insured under subsection (b), except that the Secretary may modify such powers, authority, or responsibilities if the Secretary determines such action to be necessary because of the special nature of the mortgage involved. "(4) Notwithstanding section 202, the insurance of a mortgage under subsection 0>) as modified by this subsection shall be the obligation of the Special Risk Insurance Fund created in section 238.". Approved November 5, 1986.

LEGISLATIVE HISTORY—H.R. 5564: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed House. Oct. 18, considered and passed Senate.

Nov. 5, 1986 [H.R. 5564]

12 USC 1709.

Indians. New York.

12 USC 1708. 12 USC 1715Z-3.

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 100 STAT. 3358

PUBLIC LAW 99-602—NOV. 5, 1986.

Public Law 99-602 99th Congress

» Joint Resolution

Nov. 5, 1986 [H.J. Res. 645]

To designate 1988 as the "National Year of Friendship with Finland".

-

Whereas the first Finnish settlers arrived in North America in 1638 and, with other Nordic settlers, established the colony of New Sweden in what is now the State of Delaware; Whereas the settlers of New Sweden introduced European civilization to the Delaware River Valley; Whereas many of the settlers of New Sweden were either natives of Finland or natives of Sweden who spoke Finnish; Whereas, in the 17th century, Nordic communities existed in what are now the States of Delaware, Pennsylvania, New Jersey, Maryland, and New York; Whereas Nordic culture was the 3d most represented culture in the original 13 colonies during the 17th century; Whereas some of the ancestors of John Morton, a signatory of the Declaration of Independence from Pennsylvania, were born in Finland; Whereas approximately 700,000 Americans of Finnish descent are now living in the United States; Whereas the contributions of Americans of Finnish descent to American history, culture, and technology have been continuous and substantial; Whereas, in 1938, festivities commemorating the 300th anniversary of the founding of New Sweden were attended by officials of the Governments of Finland, Sweden, and the United States; Whereas the Governor of the State of Delaware has formally invited the people of Finland to participate in festivities in 1988 commemorating the 350th anniversary of New Sweden; and Whereas the relationship between the people of Finland and the people of the United States should be commemorated: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That 1988 is designated the "National Year of Friendship with Finland", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such year with appropriate ceremonies and activities. Approved November 5, 1986.

LEGISLATIVE HISTORY—H.J. Res. 645: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House. Oct. 18, considered and passed Senate.

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 100 STAT. 3359

PUBLIC LAW 99-603—NOV. 6, 1986

Public Law 99-608 99th Congress An Act To amend the Immigration and Nationality Act to revise and reform the immigration laws, and for other purposes.

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

of the

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

(a) SHORT TITLE.—This Act may be cited as the "Immigration

Reform and Control Act of 1986". (b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT,—Except

as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to, or repeal of, a provision, the reference shall be deemed to be made to the Immigration and Nationality Act. TABLE OF CONTENTS Sec. 1. Short title; references in Act.

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TITLE I—CONTROL OF ILLEGAL IMMIGRATION PART A—EMPLOYMENT

Sec. 101. Control of unlawful employment of aliens. Sec. 102. Unfair immigration-related employment practices. Sec. 103. Fraud and misuse of certain immigration-related documents. PART B—IMPROVEMENT OF ENFORCEMENT AND SERVICES

Sec. 111. Authorization of appropriations for enforcement and service activities of the Immigration and Naturalization Service. Sec. 112. Unlawful transportation of aliens to the United States. Sec. 113. Immigration emergency fund. Sec. 114. Liability of owners and operators of international bridges and toll roads to prevent the unauthorized landing of aliens. Sec. 115. Enforcement of the immigration laws of the United States. Sec. 116. Restricting warrantless entry in the case of outdoor agricultural operations. Sec. 117. Restrictions on adjustment of status. PART C—VERIFICATION OF STATUS UNDER CERTAIN PROGRAMS

Sec. 121. Verification of immigration status of aliens applying for benefits under certain programs. Sec. Sec. Sec. Sec.

TITLE II—LEGALIZATION 201. Legalization of status. 202. Cuban-Haitian adjustment. 203. Updating registry date to January 1, 1972. 204. State legalization impact-assistance grants.

Nov. 6, 1986 [S. 1200]

TITLE III—REFORM OF LEGAL IMMIGRATION PART A—TEMPORARY AGRICULTURAL WORKERS

Sec. 301. H-2A agricultural workers. Sec. 302. Permanent residence for certain special agricultural workers. Sec. 303. Determinations of agricultural labor shortages and admission of additional special agricultural workers. Sec. 304. Commission on Agricultural Workers.

Immigration Reform and Control Act of 1986. 8 USC 1101 note.

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 100 STAT. 3360

PUBLIC LAW 99-603—NOV. 6, 1986

Sec. 305. Eligibility of H-2 agricultural workers for certain legal assistance. PART B—OTHER CHANGES IN THE IMMIGRATION LAW

Sec. 311. Change in colonial quota. . £',; • Sec. 312. G-IV special immigrants. Sec. 313. Visa waiver pilot program for certain visitors. Sec. 314. Making visas available for nonpreference immigrants. Sec. 315. Miscellaneous provisions.

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TITLE IV—REPORTS TO CONGRESS Sec. 401. Triennial comprehensive report on immigration. Sec. 402. Reports on unauthorized alien employment. Sec. 403. Reports on H-2A program. Sec. 404. Reports on legalization program. Sec. 405. Report on visa waiver pilot program. Sec. 406. Report on Immigration and Naturalization Service. Sec. 407. Sense of the Congress.

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TITLE V—STATE ASSISTANCE FOR INCARCERATION COSTS OF ILLEGAL ALIENS AND CERTAIN CUBAN NATIONALS Sec. 501. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals. TITLE VI—COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT Sec. 601. Commission for the Study of International Migration and Cooperative Economic Development. TITLE VII—FEDERAL RESPONSIBILITY FOR DEPORTABLE AND EXCLUDABLE ALIENS CONVICTED OF CRIMES Sec. 701. Expeditious deportation of convicted aliens.

-

Sec. 702. Identification of facilities to incarcerate deportable or excludable aliens.

TITLE I—CONTROL OF ILLEGAL IMMIGRATION «f6%

PART A—EMPLOYMENT

SEC. 101. CONTROL OF UNLAWFUL EMPLOYMENT OF ALIENS. (a) IN GENERAL.—

(1) N E W PROVISION.—Chapter 8 of title II is amended by inserting after section 274 (8 U.S.C. 1324) the following new section: " U N L A W F U L EMPLOYMENT OP AUENS

8 USC 1324a.

"SEC. 274A. UNLAWFUL.—

d

(a) MAKING EMPLOYMENT OF UNAUTHORIZED A U E N S

"(1) IN GENERAL.—It is Unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States— "(A) an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or "(B) an individual without complying with the require• ments of subsection (b). "(2) CONTINUING EMPLOYMENT.—It is unlawful for a person or

other entity, ^ t e r hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment. "(3) DEFENSE.—A person or entity that establishes that it has complied in good faith with the requirements of subsection (b)

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100 STAT. 3361

with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral. "(4) USE OF LABOR THROUGH CONTRACT.—For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). "(5) USE OF STATE EMPLOYMENT AGENCY DOCUMENTATION.—For

purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral. "(b) EMPLOYMENT VERIFICATION SYSTEM.—The requirements re-

ferred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs: "(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION.—

"(A) IN GENERAL.—The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining— "(i) a document described in subparagraph (B), or "(ii) a document described in subparagraph (C) and a document described in subparagraph (D). A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of such sentence, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such a document. "(B)

DOCUMENTS

ESTABLISHING

BOTH

EMPLOYMENT

AUTHORIZATION AND IDENTITY.—A document described in

this subparagraph is an individual's— "(i) United States passport; i; "(ii) certificate of United States citizenship; "(iii) certificate of naturalization; "(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney

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 100 STAT. 3362

PUBLIC LAW 99-603—NOV. 6, 1986 General authorizing the individual's employment in the United States; or "(v) resident alien card or other alien registration card, if the card— "(I) contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, and "(11) is evidence of authorization of employment in the United States.

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"(C)

,

DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZA-

TION.—A document described in this subparagraph is an individual's— "(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); "(ii) certificate of birth in the United States or establishing United States nationality at birth, which certificate the Attorney General finds, by regulation, to be acceptable for purposes of this section; or of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section. "(D) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL.—
 * "(iii) other documentation evidencing authorization

A document described in this subparagraph is an individual's— "(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for jc;; purposes of this section; or . J^j^'j "(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (ii), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification. "(2)

INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZA-

TION.—The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such emplo3niient. "(3) RETENTION OF VERIFICATION FORM.—After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending—

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 PUBLIC LAW 99-603—NOV. 6, 1986 £•!

100 STAT. 3363

"(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and "(B) in the case of the hiring of an individual— "(i) three years after the date of such hiring, or "(ii) one year after the date the individual's employment is terminated, whichever is later.

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"(4) COPYING OF DOCUMENTATION PERMITTED.—Notwithstand-

ing any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection. "(5) LIMITATION ON USE OF ATTESTATION FORM.—A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and sections 1001, 1028, 1546, and 1621 of title 18, United States Code. "(c) No AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS.—

Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. "(d) EVALUATION AND CHANGES IN EMPLOYMENT VERIFICATION SYSTEM.— "(1) PRESIDENTIAL MONITORING AND IMPROVEMENTS IN SYSTEM.—

"(A) MONITORING.—The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.

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"(B) IMPROVEMENTS TO ESTABLISH SECURE SYSTEM.—TO the

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extent that the system established under subsection (b) is found not to be a secure system to determine employment

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eligibility in the United States, the President shall, subject to paragraph (8) and taking into account the results of any d e m o n s t r a t i o n projects conducted under paragraph (4), imp l e m e n t such changes in (including additions to) the requirements of subsection (b) a s may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2). "(2) RESTRICTIONS O N CHANGES I N SYSTEM.—Any change the P r e s i d e n t proposes to i m p l e m e n t under paragraph (1) in the verification system m u s t be designed in a m a n n e r so the verification system, as so changed, meets the following requirements: "(A) RELIABLE DETERMINATION O F IDENTITY.—The system m u s t be capable of reliably determining w h e the r — "(i) a person with the identity claimed by a n employee or prospective employee is eligible to work, and

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 100 STAT. 3364

PUBLIC LAW 99-603—NOV. 6, 1986 "(ii) the employee or prospective employee is claiming the identity of another individual. "(B) USING OF COUNTERFEIT-RESISTANT DOCUMENTS.—If the

Public information.

system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering. "(C) LIMITED USE OF SYSTEM.—Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien. "(D) PRIVACY OF INFORMATION.—The system must protect the privacy and security of personal information and identifiers utilized in the system. "(E) LIMITED DENIAL OF VERIFICATION.—A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien. "(F) LIMITED USE FOR LAW ENFORCEMENT PURPOSES.—The

system may not be used for law enforcement purposes, other than for enforcement of this Act or sections 1001, 1028, 1546, and 1621 of title 18, United States Code. "(G)

RESTRICTION ON USE OF NEW DOCUMENTS.—If

the

system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this Act (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18, United States Code) nor to be carried on one's person. "(3) NOTICE TO CONGRESS BEFORE IMPLEMENTING CHANGES.— President of U.S. Reports.

Federal Register, publication. Classified information.

"(A) IN GENERAL.—The President may not implement any change under paragraph (1) unless at least— "(i) 60 days, "(ii) one year, in the case of a major change described in subparagraph (D)(iii), or "(iii) two years, in the case of a major change described in clause (i) or (ii) of subparagraph (D), before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress. "(B) CONTENTS OF REPORT.—In any report under subparagraph (A) the President shall include recommendations for the establishment of civil and criminal sanctions for un-

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