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 xxxiv

LIST OF PROCLAMATIONS

PROC.

5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509

DATE

Law Day U.S.A., 1986 National Mathematics Awareness Week, 1986 National Garden Week, 1986 Education Day, U.S.A., 1986 National School Library Month, 1986 Asian/Pacific American Heritage Week, 1986 Mother's Day, 1986 Father's Day, 1986 Older Americans Month, 1986 National Reading Is Fun Week, 1986 Fair Housing Month, 1986 Loyalty Day, 1986 National Barrier Awareness Day, 1986 Naval Aviation Day, 1986 National Fishing Week, 1986 Year of the Flag Flag Day and National Flag Week, 1986 National Osteoporosis Awareness Week, 1986 Imposition of Quantitative Restrictions on Imports of Certain Articles From the European Economic Community. Jewish Heritage Week, 1986 National Defense Transportation Day and National Transportation Week, 1986. National Digestive Diseases Awareness Week, 1986 World Trade Week, 1986 Just Say No To Drugs Week, 1986 Andrei Sakharov Day National Maritime Day, 1986 Better Hearing and Speech Month, 1986 National Tourism Week, 1986 Older Americans Melanoma/Skin Cancer Detection and Prevention Week, 1986. National Farm Safety Week, 1986 Prayer for Peace, Memorial Day, 1986 National Birds of Prey Month, 1986 National Food Bank Week, 1986 Hands Across America Day, 1986 Critical Care Week, 1986 National Child Safety Month, 1986 National Neighborhood Housing Services Week, 1986 National Theatre Week, 1986 Temporary Duty Increase on the Importation Into the United States of Wood Shingles and Shakes of Western Red Cedar. National Children's Accident Prevention Week, 1986 Youth Suicide Prevention Month, 1986 Baltic Freedom Day, 1986 National Agricultural Export Week, 1986 National Interstate Highway Day, 1986 National Safety in the Workplace Week, 1986 National Save American Industry and Jobs Day, 1986 National Homelessness Awareness Week, 1986 National Literacy Day, 1986 Minority Enterprise Development Week, 1986 Let Freedom Ring Day, 1986

Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. Apr. May May May May May May May May

PAGE

16, 1986 17, 1986 18, 1986 19, 1986 22, 1986 22, 1986 22, 1986 22, 1986 23, 1986 24, 1986 30, 1986 1, 1986 7, 1986 8, 1986 8, 1986 12, 1986 12, 1986 13, 1986 15, 1986

4428 4430 4430 4431 4432 4432 4433 4434 4435 4436 4437 4437 4438 4439 4439 4440 4441 4442 4443

May 15, 1986.. May 15, 1986

4447 4447

May May May May May May May May

17, 1986 19, 1986 20, 1986 20, 1986 20, 1986 21, 1986 21, 1986 21, 1986

4448 4449 4451 4452 4453 4454 4455 4455

May 21, 1986 May 22, 1986 May 22, 1986 May 23, 1986 May 23, 1986 May 25, 1986 May 28, 1986 May 30, 1986 May 30, 1986 June 6, 1986

4457 4457 4458 4459 4460 4461 4462 4463 4464 4465

June 7, 1986 June 10, 1986 June 12, 1986 June 19, 1986 June 19, 1986 June 19, 1986 June 21, 1986 June 25, 1986 July 1, 1986 July 1, 1986 July 2, 1986

4466 4467 4467 4468 4469 4470 4470 4471 4472 4473 4473

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Page:United States Statutes at Large Volume 100 Part 1.djvu/35

 LIST OF PROCLAMATIONS PROC

5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 5545 5546 5547 5548 5549 5550 5551 5552 5553 5554

xxxv DATE

National Immigrants Day, 1986 National Air Traffic Control Day, 1986 Captive Nations Week, 1986 National Family Reunion Weekend, 1986 National Nuclear Medicine Week, 1986 Helsinki Human Rights Day, 1986 National Neighborhood Crime Watch Day, 1986 Suspension of Cuban Immigration Women's Equality Day, 1986 Adult Literacy Awareness Month, 1986 National P.O.W./M.I.A. Recognition Day, 1986 Federal Lands Cleanup Day, 1986 National Hispanic Heritage Week, 1986 Lupus Awareness Month, 1986 National Employ the Handicapped Week, 1986 National Infection Control Week, 1986 and 1987 Citizenship Day and Constitution Week, 1986 World Food Day, 1986 National Historically Black Colleges Week, 1986 National School-Age Child Care Awareness Week, 1986.... Ethnic American Day, 1986 Emergency Medical Services Week, 1986 American Business Women's Day, 1986 Child Health Day, 1986 Veterans Day, 1986 Fire Prevention Week, 1986 National Outreach to the Rural Disabled Day, 1986 National Drug Abuse Education and Prevention Week and National Drug Abuse Education Day, 1986. Mental Illness Awareness Week, 1986 National Fire Fighters Day, 1986 General Pulaski Memorial Day, 1986 Columbus Day, 1986 American Liver Foundation National Liver Awareness Month, 1986. National Down Syndrome Month, 1986 National Spina Bifida Month, 1986 National Job Skills Week, 1986 National School Lunch Week, 1986 Leif Erikson Day, 1986 Polish American Heritage Month, 1986 National Children's Television Awareness Week, 1986 White Cane Safety Day, 1986 Thanksgiving Day, 1986 National Institutes of Health Centennial Year National Forest Products Week, 1986 Gaucher's Disease Awareness Week, 1986

PAGE

July 2, 1986 July 3, 1986 July 21, 1986 July 29, 1986 July 29, 1986 Aug. 1, 1986 Aug. 12, 1986 Aug. 22, 1986 Aug. 26, 1986 Aug. 27, 1986 Aug. 28, 1986 Sept. 5, 1986 Sept. 10, 1986 Sept. 10, 1986 Sept. 10, 1986 Sept. 15, 1986 Sept. 17, 1986 Sept. 18, 1986 Sept. 20, 1986 Sept. 20, 1986 Sept. 20, 1986 Sept. 22, 1986 Sept. 22, 1986 Sept. 23, 1986 Sept. 23, 1986 Sept. 30, 1986 Oct. 4, 1986 Oct. 6, 1986

4474 4475 4476 4477 4478 4478 4479 4480 4481 4482 4483 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4492 4493 4494 4494 4495 4496 4497

Oct. Oct. Oct. Oct. Oct.

8, 8, 8, 8, 8,

1986 1986 1986 1986 1986

4498 4499 4500 4501 4502

Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct.

8, 1986 8, 1986 8, 1986 8, 1986 9, 1986 13, 1986 13, 1986 13, 1986 13, 1986 15, 1986 15, 1986 17, 1986

4502 4503 4504 4505 4506 4506 4507 4508 4509 4510 4511 4512

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Page:United States Statutes at Large Volume 100 Part 1.djvu/36

 �


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Page:United States Statutes at Large Volume 100 Part 1.djvu/37

 PUBLIC LAWS ENACTED DURING THE

SECOND SESSION OF THE NINETY-NINTH CONGRESS OF THE

UNITED STATES OF AMERICA Begun and held at the City of Washington on Tuesday, January 21, 1986, adjourned sine die on Saturday, October 18, 1986. RONALD REAGAN, President; GEORGE BUSH, Vice President; THOMAS P. O'NEILL, JR., Speaker of the House of Representatives.

71-194 0 - 89 - 3: QL 3 Part i

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Page:United States Statutes at Large Volume 100 Part 1.djvu/38

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Page:United States Statutes at Large Volume 100 Part 1.djvu/39

 PUBLIC LAW 99-241—JAN. 30, 1986

100 STAT. 3

Public Law 99-241 99th Congress An Act To delay the referendum with respect to the 1986 through 1988 crops of Flue-cured tobacco and to delay the proclamation of national marketing quotas for the 1986 through 1988 crops of Burley tobacco.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 317(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c(d)) is amended by inserting after the third sentence the following new sentence: "Notwithstanding the foregoing sentence or section 312(c) of this Act, the referendum with respect to national marketing quotas for Flue-cured tobacco for the 1986 through 1988 marketing years may be conducted not later than the earlier of (1) thirty days after any proclamation of the national marketing quota for Fluecured tobacco for the 1986 marketing year made after the date of enactment of this sentence, or (2) March 15, 1986.". SEC. 2. Section 319(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(a)) is amended by inserting after the second sentence of the third paragraph the following new sentence: "Notwithstanding the foregoing sentence, the proclamation of national marketing quotas for Burley tobacco for the 1986 through 1988 marketing years may be made not later than March 1, 1986.". Approved January 80, 1986.

LEGISLATIVE HISTORY—S. 2013: CONGRESSIONAL RECORD, Vol. 132 (1986): Jan. 22, considered and passed Senate. Jan. 23, considered and passed House.

j ^ n. 30, 1986 rg OMQI LO ^ " i d j

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text:
Page:The Yellow Book - 06.djvu/254

 The voice of a butler cried from the doorway; there was a sudden stir in the room, and then a little hush.

"We are separated, alas!" said Lord Hambleton.

"Not at all," said Mrs. Charters, suddenly, at his elbow. "I believe you are neighbours."

Mrs. Rosewarne s heart bounded in her side, and then beat placidly with its accustomed rhythm. Lord Hambleton looked at her. "That s very nice," he murmured.

At the table he turned to her with an immediate air of interest. "Why?" he repeated.

Her gaze had wandered across the table with a profession of gentle indifference. She was surveying the guests with a remote abstraction; plucked out of which she glanced at him with a pretty hint of embarrassment, her forehead frowning as though to recover the topic of their conversation.

"Why?" she echoed; and then: "Oh yes," said she, smiling as out of a memory regained. "Because—well, because, what does it all avail?"

"Nothing, I grant you," he replied easily, "or very little, save to ourselves. You forget us. We have our business. Our fathers gamed and we talk. Don t forget us."

He spoke in railing tones, almost jocosely, and she lifted her eyebrows a line.

"Ah yes!" she assented. "Yes, but me and the rest of us, are we to keep you in your fun?"

He paused before replying, and noted every particular distinction in her handsome face. They were at close quarters; he leaned a trifle nearer, and lowered his voice to a mocking confidence:

"Mrs. Rosewarne, you would never blow upon us, surely." He feigned to hang in suspense upon her answer; the proximity touched

title: Page:The Yellow Book - 06.djvu/254


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Page:United States Statutes at Large Volume 100 Part 1.djvu/40

 100 STAT. 4

PUBLIC LAW 99-242—FEB. 7, 1986 Public Law 99-242 99th Congress An Act

Feb. 7, 1986 [H.R. 4027]

Extending the waiver authority of the District of Columbia Revenue Bond Act of 1985 to certain revenue bond acts of the District of Columbia, 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. GRANTING OF WAIVER.

99 Stat. 1727.

Section 2(c) of the District of Columbia Revenue Bond Act of 1985 (Public Law 99-216) is amended by adding at the end thereof the following new paragraphs: "(3) The American University Revenue Bond Act of 1985 (Series A), District of Columbia Act 6-111, transmitted to the Speaker of the House and the President of the Senate December 4, 1985. "(4) The George Washington University Revenue Bond Act of 1985 (Series A), District of Columbia Act 6-114, transmitted to the Speaker of the House and the President of the Senate December 18, 1985.". SEC. 2. EFFECTIVE DATE OF ACTS; TREATMENT OF OBLIGATIONS.

(a) EFFECTIVE DATE.—The District of Columbia Acts referred to in the amendment made by section 1 shall take effect as if included in section 2(c) of the District of Columbia Revenue Bond Act of 1985 on the date of the enactment of such Act. (b) TREATMENT OF OBLIGATIONS.—(1) Subject to paragraph (2), for purposes of any Act of Congress (and any amendments made by any Act of Congress) enacted after December 31, 1985, any obligation issued under the authority of the District of Columbia Acts made effective under subsection (a) shall be deemed to have been issued on December 31, 1985. (2) Paragraph (1) shall apply only to obligations issued not more than sixty days after the date of the enactment of this Act. Approved February 7, 1986.

LEGISLATIVE HISTORY—H.R. 4027: CONGRESSIONAL RECORD, Vol. 132 (1986): Jan. 27, considered and passed House. Jan. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/41

 PUBLIC LAW 99-243—FEB. 10, 1986

100 STAT. 5

Public Law 99-243 99th Congress Joint Resolution Making an urgent supplemental appropriation for the fiscal year ending September 30, 1986, for the Department of Agriculture.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1986; namely: DEPARTMENT OF AGRICULTURE COMMODITY CREDIT CORPORATION REIMBURSEMENT FOR NET REAUZED LOSSES

For the operations of the Commodity Credit Corporation, not to exceed $1,492,857,000 for capital restoration, to enable the Corporation to use the authority authorized by the Charter of the Corporation and other laws to carry out programs handled by the Corporation. Approved February 10, 1986.

LEGISLATIVE HISTORY—H.J. Res. 520: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 6, considered and passed Senate and House.

Feb. 10, 1986 [H.J. Res. 520]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/42

 100 STAT. 6

PUBLIC LAW 99-244—FEB. 11, 1986 Public Law 99-244 99th Congress Joint Resolution

Feb. 11, 1986 [S.J. Res. 74]

To provide for the designation of the month of February, 1986, as "National Black (Afro-American) History Month".

Whereas in 1926 Dr. Carter Godwin Woodson launched the celebration of Negro History Week; Whereas this observance evolved into a month-long celebration in 1976; Whereas February 1, 1986, will mark the beginning of the sixtieth annual public and private salute to Black History; Whereas the observance of Black (Afro-American) History Month provides opportunities for our Nation's public schools, institutions of higher learning, and the public to gain a deeper understanding and knowledge of the many contributions of Black Americans to our country and the world: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the month of February, 1986, is designated as "National Black (Afro-American) History Month", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate ceremonies and activities to salute all that Black Americans have done to help build our country. Approved February 11, 1986.

LEGISLATIVE HISTORY—S.J. Res. 74: CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 18, considered and passed Senate. Vol. 132 (1986): Feb. 6, considered and passed House.

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/115

, as you can imagine, began to cry and scream: but his tears and groans were useless, for there was not a house to be seen, and not a living soul passed down the road.

At last night came on.

Partly from the pain of the trap that cut his legs, and a little from fear at finding himself alone in the dark in the midst of the fields, the puppet was on the point of fainting. Just at that moment he saw a Firefly flitting over his head. He called to it and said:

'Oh, little Firefly, will you have pity on me and liberate me from this torture?'

'Poor boy!' said the Firefly, stopping and looking at him with compassion, 'but how could your legs have been caught by those sharp irons?'


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Page:United States Statutes at Large Volume 100 Part 1.djvu/43

 PUBLIC LAW 99-245—FEB. 11, 1986

100 STAT. 7

Public Law 99-245 99th Congress Joint Resolution To designate the week of February 9, 1986, through February 15, 1986, as "National Humanities Week, 1986".

Wheresis the United States celebrates the twentieth anniversary of the establishment of the National Endowment for the Humanities; Whereas the overriding goal of this small but important Federal agency is the promotion of humanities scholarship and programming; Whereas the study of the humanities increases the understanding of the great traditions of civilization and of the intellectual heritage of mankind; Whereas in partnerships with State and local governments, private foundations, and corporations, the National Endowment for the Humanities has, over the past two decades, provided critical leadership and direction for the individuals and institutions seeking to improve our understanding of the humanities; and Whereas as a Nation we have benefited from the fruits of this humanities programming in a variety of ways, through improvements in humanities education at all levels, through scholarly achievements at the cutting edge of humanities research, and through programming in museums, libraries, television, and radio which fosters a heightened understanding of the humanities across the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to note the importance of the humanities in the lives of all Americans and acknowledge the significant role the National Endowment for the Humanities has played in sustaining and enriching our cultural heritage, the week of February 9, 1986, through February 15, 1986, is designated as "National Humanities Week, 1986", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week, with appropriate conferences, programs, ceremonies, and activities. Approved February 11, 1986.

LEGISLATIVE HISTORY—S.J. Res. 219: CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, considered and passed Senate. Vol. 132 (1986): Feb. 6, considered and passed House.

Feb. 11, 1986 [S.J. Res. 219]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/44

 100 STAT. 8

PUBLIC LAW 99-246—FEB. 11, 1986 Public Law 99-246 99th Congress Joint Resolution

Feb. 11, 1986 [S.J. Res. 234]

To designate the week of February 9, 1986 through February 15, 1986 as "National Bum Awareness Week".

Whereas the b u m problem in the United States is the worst of any industrialized nation in the world; Whereas burn injuries are one of the leading causes of accidented death in the United States; Whereas every year approximately two million people are victims of b u m injury in the United States; Whereas of these injuries, seventy thousand are hospitalized and account for nine million disability days annually; Whereas approximately twelve thousand people die from b u m injuries; Whereas the rehabilitative and psychological impact of bums are devastating; Whereas children, the elderly, and the disabled are most likely to suffer serious burns; Whereas it is estimated that approximately 75 percent of all bums could be prevented by proper education of children and adults; and Whereas there is a need for an effective national program that deals with all aspects of burn prevention: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of February 9, 1986 through February 15, 1986 is designated as "National Bum Awareness Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States and all Federal, State, and local government officials to observe such week with appropriate programs and activities. Approved February 11, 1986.

LEGISLATIVE HISTORY—S.J. Res. 234: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 4, considered and peissed Senate. Feb. 6, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/45

 PUBLIC LAW 99-247—FEB. 12, 1986

100 STAT. 9

Public Law 99-247 99th Congress An Act To amend the Arms Export Control Act to require that congressional vetoes of certain arms export proposals be enacted into law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) section 3(d)(2) of the Arms Export Control Act is amended— (1) in subparagraph (A), by striking out "adopt, within such 30-day period, a concurrent resolution disapproving" and inserting in lieu thereof "enact, within such 30-day period, a law prohibiting"; and (2) in subparagraph (B), by striking out "adopt, within such fifteen-day period, a concurrent resolution disapproving" and inserting in lieu thereof "enact, within such fifteen-day period, a law prohibiting". (b) Section 360t)) of the Arms Export Control Act is amended— (1) in the fifth sentence of paragraph (1), by striking out "adopts a concurrent resolution stating that it objects to" and inserting in lieu thereof "enacts a joint resolution prohibiting"; (2) in paragraph (2), by inserting "joint" before "resolution" each of the four places it appears; and (3) in paragraph (3)— (A) by striking out "adoption of concurrent resolutions" and inserting in lieu thereof "enactment of joint resolutions"; and (B) by striking out "such resolution" and inserting in lieu thereof "such joint resolution". (c) Section 36(c) of the Arms Export Control Act is amended— (1) in paragraph (2)(B), by striking out "adopts a concurrent resolution stating that it objects to" and inserting in lieu thereof "enacts a joint resolution prohibiting"; (2) in paragraph (3)(A), by inserting "joint" before "resolution"; and (3) in paragraph (3)(B)— (A) by striking out "adoption of concurrent resolutions" and inserting in lieu thereof "enactment of joint resolutions"; and (B) by striking out "such resolution" and inserting in lieu thereof "such joint resolution". (d) Section 63 of the Arms Export Control Act is amended— (1) in subsection (a)(D, by striking out "adopts a concurrent resolution stating that it objects to" and inserting in lieu thereof "enacts a joint resolution prohibiting"; (2) in subsection (b), by inserting "joint" before "resolution"; and (3) in subsection (c)—

Feb. 12, 1986 [S. 1831]

22 USC 2753.

22 USC 2776.

22 USC 2776.

22 USC 2796b.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/46

 100 STAT. 10

PUBLIC LAW 99-247—FEB, 12, 1986 (A) by striking out "adoption of concurrent resolutions" and inserting in lieu thereof "enactment of joint resolutions"; and (B) by striking out "such resolution" and inserting in lieu thereof "such joint resolution". Approved February 12, 1986.

LEGISLATIVE HISTORY—S. 1831: CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 19, considered and passed Senate. Vol. 132 (1986): Feb. 3, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/47

 PUBLIC LAW 99-248—FEB. 18, 1986

100 STAT. 11

Public Law 99-248 99th Congress Joint Resolution To designate the month of March 1986 as "National Hemophilia Month".

Whereas hemophilia is an incurable hereditary disorder that prevents proper coagulation of the blood; Whereas hemophilia, which strikes males almost exclusively, occurs in one of every four thousand live male births regardless of race, nationality, or family economic status; Whereas hemophilia can lead to disabilities or death for some hemophiliacs; Whereas, despite recent medical advances in the diagnosis and treatment of hemophilia, many hemophiliacs continue to face unpredictable medical complications due to the disorder; Whereas, with proper medical treatment and adequate financial assistance, hemophiliacs can live healthy, normal, and independent lives; and Whereas increased public awareness of the causes and effects of hemophilia will help dispel many common misconceptions concerning the disorder: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of March 1986 is hereby designated as "National Hemophilia Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved February 18, 1986.

LEGISLATIVE HISTORY—S.J. Res. 150: CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 4, considered and passed Senate. Vol. 132 (1986): Feb. 6, considered and passed House.

Feb. 18, 1986 [S.J. Res. 150]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/48

 100 STAT. 12

PUBLIC LAW 99-249—FEB. 18, 1986 Public Law 99-249 99th Congress Joint Resolution

Feb. 18, 1986 [S.J. Res. 231]

To designate the period commencing January 1, 1986, and ending December 31, 1986, as the "Centennial Year of the Gasoline Powered Automobile".

Whereas the first motor vehicle powered by an internal combustion engine was invented in 1886; Whereas such vehicle was the forerunner of the present automobile and there are more than one hundred twenty-four million automobiles registered in the United States; Whereas one in five jobs in the Nation are dependent directly or indirectly on the automobile industry; Whereas the automobile has been associated with tremendous changes in society in the one hundred years since its invention; and Whereas the automobile has enhanced communication, travel and has brought mobility to all people in the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commencing January 1, 1986, and ending December 31, 1986, is designated as the "Centennial Year of the Gasoline Powered Automobile" 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 February 18, 1986.

LEGISLATIVE HISTORY—S.J. Res. 231: CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 18, considered and passed Senate. Vol. 132 (1986): Feb. 6, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/49

 PUBLIC LAW 99-250—FEB. 27, 1986

100 STAT. 13

Public Law 99-250 99th Congress An Act To amend the Act establishing the Petrified Forest National Park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of March 28, 1958 (72 Stat. 69), to establish the Petrified Forest National Park, is amended by inserting the following at the end thereof: "Township 19 north, range 24 east: the southwest quarter of the southwest quarter of section 27.". SEC. 2. The provisions of this Act shall not take effect until the Secretary of the Interior determines that fee simple title to the property described in section 1 has vested in the United States. Such determination of the Secretary shall be published in the Federal Register. Approved February 27, 1986.

LEGISLATIVE HISTORY—H.R. 1185: HOUSE REPORTS: No. 99-30 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-184 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Apr. 2, considered and passed House. Dec. 3, considered and passed Senate, amended. Vol. 132 (1986): Feb. 6, House agreed to Senate amendments.

Feb. 27, 1986 [H.R. 1185] National parks, monuments, etc. 16 USC 119a.

16 USC 119a note. Federal Register, publication.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/50

 100 STAT. 14

PUBLIC LAW 99-251—FEB. 27, 1986

Public Law 99-251 99th Congress

Feb. 27, 1986 [H.R. 4061]

Federal Employees Benefits Improvement Act of 1986. 5 USC 8901 note.

An Act

To amend title 5, United States Code, to expand the class of individuals eligible for refunds or other returns of contributions from contingency reserves in the Employees Health Benefits Fund; to make miscellaneous amendments relating to the Civil Service Retirement System and the Federal Employees Health Benefits Program; 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 "Federal Employees Benefits Improvement Act of 1986". TITLE I—FEDERAL EMPLOYEE HEALTH BENEFITS SEC. 101. AUTHORITY TO REFUND CERTAIN CONTRIBUTIONS TO ENROLLEES.

The last sentence of section 8909(b) of title 5, United States Code, is amended by striking out "employees" and inserting in lieu thereof "enrollees". SEC. 102. ELIMINATION OF REQUIREMENT OF THREE MEDICAL SPECIALTIES FOR GROUP-PRACTICE PREPAYMENT PLANS.

The second sentence of section 8903(4)(A) of title 5, United States Code, is amended to read as follows: "The group shall include at least 3 physicians who receive all or a substantial part of their professional income from the prepaid funds and who represent 1 or more medical specialties appropriate and necessary for the population proposed to be served by the plan.". SEC. 103. AUTHORITY TO WAIVE CERTAIN ELIGIBILITY REQUIREMENTS.

Section 8905(b) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: "The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this subchapter.". SEC. 104. ANNUAL OPEN SEASON. Ante, p. 94.

(a) IN GENERAL.—Section 8905(f) of title 5, United States Code, is amended to read as follows: "(f)(1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which— "(A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by section 8903 or 8903a of this title, "(B) a newly approved health benefits plan is offered, or

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Page:United States Statutes at Large Volume 100 Part 1.djvu/51

 PUBLIC LAW 99-251—FEB. 27, 1986

100 STAT. 15

"(C) an existing plan is terminated, provide a period of not less than 3 weeks during which any employee, annuitant, or former spouse enrolled in a health benefits plan described by such section shall be permitted to transfer that individual's enrollment to another such plan or to cancel such enrollment. "(2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, or former spouse enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual's enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 5 USC 8905 note. shall be effective with respect to contracts entered into or renewed for calendar years beginning after December 31, 1986. SEC. 105. AUTHORITY TO PAY CERTAIN HEALTH CARE PROFESSIONALS.

(a) DEFINITIONS.—Section 8901 of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(11) 'qualified clinical social worker' means an individual— "(A) who is licensed or certified as a clinical social worker by the State in which such individual practices; or "(B) who, if such State does not provide for the licensing or certification of clinical social workers— "(i) is certified by a national professional organization offering certification of clinical social workers; or "(ii) meets equivalent requirements (as prescribed by the Office).". Ob) CLINICAL SOCIAL WORKERS.—Section 8902(k) of title 5, United States Code, is amended— (1) by striking out "(k)" and inserting in lieu thereof "(k)(D"; (2) by striking out the last sentence; and (3) by inserting at the end thereof the following: "(2) When a contract under this chapter requires payment or Contract. reimbursement for services which may be performed by a qualified clinical social worker, an employee, annuitant, family member, or former spouse covered by the contract shall be entitled under the contract to have payment or reimbursement made to him or on his behalf for the services performed. As a condition for the payment or reimbursement, the contract— "(A) may require that the services be performed pursuant to a referral by a psychiatrist; but "(B) may not require that the services be performed under the supervision of a psychiatrist or other health practitioner. "(3) The provisions of this subsection shall not apply to group practice prepayment plans.". (c) EFFECTIVE DATE.—The amendments made by subsections (a) Contracts. and (b) shall be effective with respect to contracts entered into or 5 USC 8901 note. renewed for calendar years beginning after December 31, 1986.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/52

 100 STAT. 16

PUBLIC LAW 99-251—FEB. 27, 1986 SEC. 106. HEALTH SERVICES FOR MEDICALLY UNDERSERVED POPULATIONS.

(a) IN GENERAL.—(1) Section 3 of the Act entitled "An Act to amend chapter 89 of title 5, United States Code, to establish uniformity in Federal employee health benefits and coverage by preempting certain State or local laws which are inconsistent with such contracts, and for other purposes", approved September 17, 1978 (Public Law 95-368; 92 Stat. 606; 5 U.S.C. 8902 note), is amended by striking out "; except that such provisions shall not apply to services provided after December 31, 1984". (2) Section 5(b) of the Act entitled "An Act to amend the provisions of chapters 83 and 89 of title 5, United States Code, which relate to survivor benefits for certain dependent children, and for other purposes", approved January 2, 1980 (Public Law 96-179; 93 Stat. 1300; 5 U.S.C 8902 note), is amended by striking out "and before January 1, 1985,". (3) Section 8902(m)(2)(A) of title 5, United States Code, is amended by adding at the end thereof the following: "This paragraph shall apply with respect to a qualified clinical social worker covered by Ante, p. 15. subsection (k)(2) of this section without regard to whether such contract contains the requirement authorized by clause (i) of the second sentence of subparagraph (A) of such subsection (k)(2).". 5 USC 8902 note. O> EFFECTIVE DATE.—The amendments made by subsection (a) t) shall take effect with respect to services provided after December 31, 1984. 5 USC 8904 note.

SEC. 107. MENTAL HEALTH, ALCOHOLISM, AND DRUG ADDICTION BENEFITS.

(a) FINDINGS.—The Congress finds that— (1) the treatment of mental illness, alcoholism, and drug addiction are basic health care services which are needed by approximately 40,000,000 Americans each year; (2) treatment of mental illness, alcoholism, and drug addiction is increasingly successful; (3) timely and appropriate treatment of mental illness, alcoholism, and drug addiction is cost effective in terms of restored productivity, reduced utilization of other health services, and reduced social dependence; and (4) mental illness is a problem of grave concern to the people of the United States and is widely but unnecessarily feared and misunderstood. (b) SENSE OF THE CONGRESS.—It is the sense of the Congress—

(1) that participants in the Federal employees health benefits program should receive adequate benefits coverage for treatment of mental illness, alcoholism, and drug addiction; and (2) that the Office of Personnel Management should encourage participating health benefits plans to provide adequate benefits relating to treatment of mental illness, alcoholism, and drug addiction (including benefits relating to coverage for inpatient and outpatient treatment and catastrophic protection benefits). SEC. 108. STUDY RELATING TO EXPANDING THE CLASS OF PRACTITIONERS COVERED BY SECTION 8902(k)(l).

Reports.

The Office of Personnel Management shall study and, before April 1, 1986, submit a written report to the Committee on Post Office and Civil Service of the House of Representatives and the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/53

 PUBLIC LAW 99-251—FEB. 27, 1986 Committee on Governmental Affairs of the Senate with respect to extending section 8902(k)(l) of title 5, United States Code, as amended by this Act, to cover health practitioners not currently covered thereunder (such as nurse-midwives, nurse practitioners, chiropractors, and clinical social workers).

100 STAT. 17 Ante, p. 15.

SEC. 109. STUDY OF THE ADEQUACY OF HEALTH BENEFITS PROGRAM INFORMATION.

(a) IN GENERAL.—Not later than June 1, 1986, the Office of Personnel Management shall (1) study the adequacy of any sources or methods currently provided under chapter 89 of title 5, United States Code, to assist individuals in making informed decisions concerning the choice of a health benefits plan under such chapter and the use of benefits available under any such plan, and (2) submit to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the findings and determinations of the Office resulting from such study. (b) REPORT REQUIREMENTS.—The report required by subsection (a) shall include— (1) an assessment of the adequacy of the sources and methods referred to in such subsection in advising individuals with respect to the coordination of benefits under chapter 89 of title 5, United States Code, with benefits available under other health insurance programs established by or under Federal law, including title XVIII of the Social Security Act; and (2) the administrative actions and any recommendations for legislation which the Office considers necessary in order to improve the effectiveness of any such source or method.

Reports.

SEC. 110. DEMONSTRATION PROJECT.

5 USC 7901 note.

(a) DEFINITIONS.—For the purposes of this section— (1) "health protection" means activities to minimize environmental and other workplace conditions which cause or aggravate stress, illness, disability, or other health impairments, including such activities as— (A) accommodation of the handicapped; (B) review of plans for new or altered facilities; (C) routine inspections, surveys, studies of worksites; (D) inspections of worksites by a physician, nurse, or other licensed health professional with training in occupational safety and health; (E) evaluation and monitoring of worksite hazards; and (F) investigations of causes of occupational disease or injury; (2) "health promotion" means activities to encourage the development of health enhancing habits and practices, including activities encouraging— (A) cessation of tobacco smoking; (B) reduction in the misuse of alcohol, drugs, and other chemical substances; (C) improvements in nutrition; (D) improvements in physical fitness, including weight reduction; and (E) control of stress;

5 USC 8901 et seq.

42 USC 1395.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/54

 100 STAT. 18

Education.

PUBLIC LAW 99-251—FEB. 27, 1986 (3) "disease prevention" means activities to prevent unnecessary illnesses, morbidity, disability, and medical treatment, including— (A) occupationally related examinations; (B) general health assessments; (C) biological monitoring; (D) immunizations, chemoprophylaxis, fitting respirators and hearing protectors, use of barrier creams, control of high blood pressure, control of sexually transmittable diseases, care to improve pregnancy outcome, control of toxic agents, control or elimination of hazards leading to accidental injuries, control of infectious agents, and other health intervention activities; and (E) referral to private physicians, dentists, and other licensed health professionals; (4) "secondary prevention" means— (A) activities to provide on-the-job emergency health and dental care and assistemce, and (B) rehabilitation or follow-up care after emergency care, to reduce morbidity, disability, lost productivity, and medical treatment. (b) IN GENERAL.—The Director of the Office of Personnel Management, in consultation with the Secretary of Health and Human Services, shall establish and carry out at least one demonstration project to determine— (1) the most effective (including cost-effective) means of— (A) furnishing health protection, health promotion, disease prevention, and secondary prevention services to Federal Government employees; (B) encouraging such employees to adopt good health habits; (C) reducing health risks to such employees, particularly the risks of heart disease, cancer, stroke, diabetes, anxiety, depression, and lifestyle-related accidents; (D) reducing medical expenses of such employees through health protection, health promotion, disease prevention, and secondary prevention activities; (E) enhancing employee productivity and reducing health related liability of the Federal Government through a comprehensive occupational health program; and (F) carrying out a program— (i) to train employees under the jurisdiction of a Federal Government agency to furnish health protection, health promotion, disease prevention, and secondary prevention services to employees of such agency; and (ii) to promote interagency agreements under which trained employees of an agency are available to furnish such services to employees of other Federal Government agencies, subject to reimbursement of the costs of the agency in making the trained employees available; and (2) the cost effectiveness of organizational structures and of social and educational programs which may be useful in achieving the objectives described in clause (1).

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Page:United States Statutes at Large Volume 100 Part 1.djvu/55

 PUBLIC LAW 99-251—FEB. 27, 1986 (c)(1) CONDUCT OF THE DEMONSTRATION PROJECT.—The demonstration project described in subsection (h) shall be conducted in cooperation with at least one— (A) health profession school; (B) allied health profession or nurse training institution; or (C) public or private entity which provides health care. (2)(A) The Director of the Office of Personnel Management, in consultation with the Secretary of Health and Human Services, may enter into contracts with, or make grants to, any school of medicine, school of osteopathy, school of public health, school of nursing, health maintenance organization, or other qualified health care provider for the purpose of carrying out the demonstration project described in subsection (b). (B) The authority of the Director of the Office of Personnel Management to enter into contracts or to make grants under subparagraph (A) is effective for fiscal year 1986 and subsequent fiscal years only to such extent or in such amounts as are provided in appropriation Acts. (C) For the purposes of this paragraph, the terms "school of medicine" and "school of osteopathy" have the same meanings as provided for such terms in section 701(4) of the Public Health Service Act (42 U.S.C. 292a(4)). (d) REPORT.—Not later than 60 days after the date the demonstration project required by subsection (b) terminates, the Director of the Office of Personnel Management, in consultation with the Secretary of Health and Human Services, shall submit to Congress a report on the project. (e) ESTABLISHMENT AND TERMINATION REQUIREMENTS.—The demonstration project required by subsection (b) shall be established not later than 6 months after the date of enactment of this Act and shall terminate on the date 2 years after such date of enactment.

100 STAT. 19 Schools and colleges.

Contracts. Grants.

Contracts. Grants.

SEC. 111. ADDITIONAL TYPE OF HEALTH BENEFITS PLAN.

Paragraph (4) of section 8903 of title 5, United States Code, is amended by adding at the end thereof the following new subparagraph: "(C) MIXED MODEL PREPAYMENT PLANS.—Mixed model prepayment plans which are a combination of the type of plans described in subparagraph (A) and the type of plans described in subparagraph (B).". SEC. 112. RESTRICTIONS RELATING TO AMOUNTS REFUNDED TO THE EMPLOYEES HEALTH BENEFITS FUND FROM CARRIERS' SPECIAL RESERVES. (a) PROHIBITED TRANSFERS.—(1) No amount in the Employees 5 USC 8909 note.

Health Benefits Fund may be transferred to the general fund of the Treasury of the United States or the United States Postal Service as a result of a refund described in paragraph (2). (2) This subsection applies with respect to any refund made by a carrier during fiscal year 1986 or 1987 to the Employees Health Benefits Fund to the extent that such refund represents amounts in excess of the minimum level of financial reserves necessary to be held by such carrier to ensure the stable and efficient operation of its health benefits plan.

(b) RESTRICTION RELATING TO U S E OF CERTAIN AMOUNTS IN THE

FUND.—(1) Any amount which is in the Employees Health Benefits Fund, and which is described in paragraph (2), may be used solely

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Page:United States Statutes at Large Volume 100 Part 1.djvu/56

 100 STAT. 20 5 USC 8901 et
 * ^9-

PUBLIC LAW 99-251—FEB. 27, 1986 for the purpose of paying the Government contribution under chapter 89 of title 5, United States Code, for health benefits for annuitants enrolled in health benefits plans (without regard to the health benefits plan or plans from which the refunds were received). (2) This subsection applies with respect to any amounts— (A) which are referred to in subsection (a)(2); and (B) which are attributable to Government contributions (other than contributions by the government of the District of Columbia, which shall be returned to such government) that were made under section 8906(b) of title 5, United States Code, as determined under regulations which the Office of Personnel Management shall prescribe. (c) DEFINITIONS.—For the purpose of this section— (1) the term "Employees Health Benefits Fund" refers to the fund described in section 8909(a) of title 5, United States Code; (2) the term "carrier" has the meaning given such term by section 8901(7) of such title; and (3) the term "health benefits plan" has the meaning given such term by section 8901(6) of such title. TITLE II—CIVIL SERVICE SPOUSE AND FORMER SPOUSE EQUITY IMPROVEMENTS

SEC. 201. REVISION OF THE APPLICATION AND SPECIAL ELECTIONS PROVISIONS OF THE CIVIL SERVICE RETIREMENT SPOUSE EQUITY ACT OF 1984. 5 USC 8341 note. (a) APPLICATION.—Section 4(a) of the Civil Service Retirement Spouse Equity Act of 1984 (Public Law 98-615; 98 Stat. 3204) is amended to read as follows: Effective date. "(a)(1) Except as provided in paragraphs (3), (4), (5), and (6) and 5 USC 8331. subsections (b) and (c), the amendments made by section 2 of this Act shall take effect May 7, 1985, and shall apply— "(A) to any individual who, on or after such date, is married to an employee or Member who, on or after such date, retires, dies, or applies for a refund of contributions under subchapter 5 USC 8331 et HI of chapter 83 of title 5, United States Code, and s^9 "(B) to any individual who, as of such date, is married to a retired employee or Member, unless (i) such employee or Member has waived, under the first sentence of section 8339(j)(l) of such title (or a similar prior provision of law), the right of that individual's spouse to receive a survivor annuity, or (ii) in the case of a post-retirement marriage or remarriage, an election has not been made before such date by such employee or Member with respect to such individual under the applicable provisions of section 8339(j)(l) or 8339(k)(2) of such title, as the case may be (or a similar prior provision of law). Effective date. "(2) Except as provided in subsection (f), the amendments made by section 3 of this Act shall take effect May 7, 1985, and shall apply to any individual who, on or after such date, is married to an employee or annuitant. "(3) The amendments made by subparagraphs (B)(iii) and (C)(ii) of section 2(4) of this Act (relating to the termination of survivor benefits for a widow or widower who remarries before age 55) and the amendments made by subparagraph (F) of such section 2(4) (relating to the restoration of a survivor annuity upon the dissolution of such a remarriage) shall apply—

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/116

 'I came into the field to pick two bunches of these muscatel grapes, and. . .'

'But were the grapes yours?'

'No. .. .'

'Then who taught you to carry off other people's property?'

'I was so hungry. . . .'

'Hunger, my boy, is not a good reason for appropriating what does not belong to us. . . .'

'That is true, that is true!' said Pinocchio, crying. 'I will never do it again.'

At this moment their conversation was interrupted by a slight sound of approaching footsteps. It was the owner of the field coming on tiptoe to see if one of the polecats that ate his chickens during the night had been caught in his trap.

His astonishment was great when, having brought out his lantern from under his coat, he perceived that instead of a polecat a boy had been taken.

'Ah, little thief!' said the angry peasant, 'then it is you who carry off my chickens?'

'No, it is not I; indeed it is not!' cried Pinocchio, sobbing. 'I only came into the field to take two bunches of grapes! . . .'

'He who steals grapes is quite capable of stealing chickens. Leave it to me, I will give you a lesson that you will not forget in a hurry.'


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Page:United States Statutes at Large Volume 100 Part 1.djvu/57

 PUBLIC LAW 99-251—FEB. 27, 1986 "(A) in the case of a remarriage occurring on or after the date of the enactment of this Act; and "(B) with respect to periods beginning on or after such date. "(4)(A) Except as provided in subparagraph (B), the amendment made by section 2(3)(A) of this Act (but only to the extent that it amends title 5, United States Code, by adding a new section 83390')(5)(C)) and the amendment made by section 2(3)(C) of this Act (which relate to the election of a survivor annuity for a spouse in the case of a post-retirement marriage or remarriage) shall apply— "(i) to an employee or Member who retires before, on, or after May 7, 1985; and "(ii) in the case of a marriage occurring on or after May 7, 1985. "(B) The amendments referred to in subparagraph (A) shall not apply in the case of a marriage of an employee or Member retiring before May 7, 1985, if the marriage occurred after May 6, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1985. "(C) Any election by an employee or Member described in subparagraph (B) to provide a survivor annuity for that individual's spouse by a marriage described in such subparagraph shall be effective if made in accordance with the applicable provisions of section 83390)(1) or 8339(k)(2) of title 5, United States Code, as the case may be, as in effect on May 6, 1985. "(5)(A) Paragraphs (2), (3), (4), and (5)(B) of section 83390") of title 5, United States Code (as added by section 2(3)(A) of this Act), shall apply in the case of a former spouse of an employee or Member whose marriage to such employee or Member terminated before May 7, 1985, if such employee or Member retires on or after such date. "(B)(i) The requirement described in clause (ii) shall not apply to an election made by an employee or Member under section 83390)(3) of title 5, United States Code (EIS amended by section 2(3)(A) of this Act), in order to provide a survivor annuity under section 8341(h) of such title (EIS amended by section 2(4)(G) of this Act) in the case of a former spouse referred to in subparagraph (A) if the election meets the requirements of clause (iii). "(ii) The requirement referred to in clause (i) is the requirement prescribed in section 8339(j)(3) of title 5, United States Code, for an employee or Member to make an election in the case of a former spouse under such section 8339(j)(3) at the time of retirement or, if later, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved. "(iii) Clause (i) applies to an election which is made by an employee or Member who retires on or after May 7, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1985, and is received by the Office of Personnel Management within the 2-year period beginning on the date of the enactment of such Act. "(C) A survivor annuity shall be paid a former spouse as provided in section 8341(h) of title 5, United States Code (as amended by section 2(4)(G) of this Act), pursuant to an election made in the case of such former spouse under this paragraph. "(D) The amendments made by paragraphs (6) and (7) of section 2 of this Act shall apply in the case of survivor annuities and elections authorized by this paragraph.

100 STAT. 21

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Page:United States Statutes at Large Volume 100 Part 1.djvu/58

 100 STAT. 22

PUBLIC LAW 99-251—FEB. 27, 1986 "(6) The amendment made by section 2(4)(A) of this Act (relating to the definition of a widow or widower) and the amendment made by section 2(4)(G) of this Act (but only to the extent that it amends title 5, United States Code, by adding a new section 8341(i)) shall apply with respect to any marriage occurring on or after the date of the enactment of this Act.".

5 USC 8341 note.

5 USC 8331 et se?-

5 USC 8341 note.

(b) ENTITLEMENT OF A FORMER SPOUSE IN C A S E OF RETIREMENT OR DEATH OF AN EMPLOYEE OR MEMBER BEFORE THE EFFECTIVE DATE.—

Section 4(b) of the Civil Service Retirement Spouse Equity Act of 1984 (Public Law 98-615; 98 Stat. 3205) is amended— (1) in paragraph (1)— (A) by striking out "the one hundred and eightieth day after the date of enactment of this Act" in the matter before subparagraph (A) and inserting in lieu thereof "May 7, 1985, or who died after becoming eligible to retire and before such date,"; (B) by striking out "retired" in the matter before clause (i) in subparagraph (B); and (C) by striking out clause (iii) in subparagraph (B) and by redesignating clauses (iv), (v), and (vi) of such subparagraph as clauses (iii), (iv), and (v), respectively; and (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (3) the following new paragraph (4): "(4)(A) A former spouse of an employee or Member referred to in the matter before subparagraph (A) in paragraph (1) of this section shall be entitled to a survivor annuity under subparagraph (B) of such paragraph if— "(i) the former spouse satisfies the requirements of clauses (ii) through (v) of such subparagraph (B); and "(ii) there is no surviving spouse of the employee or Member and no other former spouse of such employee or Member who is entitled to receive a survivor annuity under subchapter III of chapter 83 of title 5, United States Code, based on the service of such employee or Member which is creditable under such subchapter and there is no other person who has been designated to receive a survivor annuity under such subchapter by reason of an insurable interest in such employee or Member. "(B) For the purposes of this paragraph, the term 'surviving spouse' means a widow or a widower as defined in paragraphs (1) and (2), respectively, of section 8341(a) of title 5, United States Code."; and (4) in paragraph (5), as redesignated by clause (2) of this subsection— (A) by striking out "Member," in the matter before subparagraph (A) and inserting in lieu thereof "Member (or of that portion of the annuity which such employee or Member may have designated for this purpose under paragraph (1)(A) of this subsection),"; and (B) by striking out "section 8341(b)(4)" in the matter following subparagraph (B) and inserting in lieu thereof "section 8341(h)(2)". (c) ELIGIBILITY OF CERTAIN FoRMER SPOUSES To ENROLL IN A FEDERAL EMPLOYEES HEALTH BENEFITS PLAN.—(1) The first sentence

of section 4(f) of the Civil Service Retirement Spouse Equity Act of 1984 is amended to read as follows: "Any individual—

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Page:United States Statutes at Large Volume 100 Part 1.djvu/59

 PUBLIC LAW 99-251—FEB. 27, 1986

100 STAT. 23

"(1) who is entitled to a survivor annuity under subsection (b) of this section or pursuant to an election authorized by reason of the application of subsection (a)(5) of this section, "(2) as to whom a court order or decree referred to in section 8345(j) of title 5, United States Code (or similar provision of law under a retirement system for Government employees other than the Civil Service Retirement S3^stem) has been issued before May 7, 1985, or "(3) who is entitled (other than as described in paragraph (2)) to an annuity or any portion of an annuity as a former spouse under a retirement system for (jrovernment employees as of May 7, 1985, shall be considered to have satisfied section 8901(10XC) of title 5, United States Oxle, as amended by this Act.". (2) The second sentence of such section 4(f) is amended— 5 USC 8341 note. (A) by inserting ", within 12 months after the date of the enactment of the Federal Employees Benefits Improvement Act of 1985," before "enroll"; and (B) by inserting before the period at the end the following: "(other than the conditions prescribed in subparagraphs (A) and (B) of paragraph (1) of such section 8905(c))". (d) ADDITIONAL ELECTION.—(1) Notwithstanding the time limita- 5 USC 8341 note. tion prescribed in subparagraph (A) of section 4(b)(l) of the Civil Service Retirement Spouse Equity Act of 1984, an election may be made under such subparagraph before the expiration of the 12month period b ^ i n n i n g on the date on which the r^ulations under paragraph (3) of this subsection first take effect. (2) Any retired employee or Member who has made an election under section 4(b)(l)(A) of the Civil Service Retirement Spouse Equity Act of 1984 (as in effect at the time of such election) before the regulations under p a r s ^ a p h (3) of this subsection become effective may modify such election by designating, in writing, that only a portion of such employee or Member's annuity is to be used as the base for the survivor annuity for the former spouse for whom the election was made. A modification under this subparagraph shall be subject to the deadline under paragraph (1) of this subsection. (3) The Office of Personnel Management shall prescribe regulations to carry out this subsection, including regulations under which an appropriate refund shall be made in the case of a modification under paragraph (2) of this subsection. SEC. 202. CREDIT FOR MILITARY SERVICE.

Section 83320'Xl) of title 5, United States Code, is amended by striking out "widow" each place it appears and inserting in lieu thereof "spouse, former spouse". SEC. 203. ANNUITY REDUCTIONS. (a) IRREVOCABILITY OF A JOINT SPOUSAL WAIVER.—Section 83390X3)

of title 5, United States (Dode, is amended by inserting ", unless all rights to survivor benefits for such former spouse under this subchapter based on marriage to such employee or Member were waived under paragraph (1) of this subsection" before the period at the end of the first sentence. (b)

REPLACEMENT

OF

TERMINATED

REDUCTION.—Section

8339(j)(5)(B) of title 5, United States Ckxie, is amended to read as follows:

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Page:United States Statutes at Large Volume 100 Part 1.djvu/60

 100 STAT. 24

5 USC 8341.

PUBLIC LAW 99-251—FEB. 27, 1986 "(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse who is entitled to a survivor annuity under section 8341(h) of this title, (ii) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not jointly waived under paragraph (1) of this subsection, or (iii) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subparagraph (C) of this paragraph or subsection (k)(2) of this section.". (c) ELECTIONS RELATING TO A SURVIVOR ANNUITY FOR A PERSON WHO HAS AN INSURABLE INTEREST IN AN ANNUITANT.—(1) Section

5 USC 8339.

8339(j)(5)(C) of title 5, United States Code, is amended by adding at the end thereof the following: "(v) An election to provide a survivor annuity to a person under this subparagraph— "(I) shall prospectively void any election made by the employee or Member under subsection (k)(l) of this section with respect to such person; or "(II) shall, if an election was made by the employee or Member under such subsection (k)(l) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subparagraph. "(vi) The deposit provisions of clauses (ii) and (iii) of this subparagraph shall not apply if— "(I) the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(l) of this section; and "(II) the election under such subsection (k)(l) becomes void under clause (v) of this subparagraph,". (2) Section 8339(k)(l) of such title is amended by adding at the end thereof the following: "In the case of a married employee or Member, an election under this paragraph on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with subsection (j)(l) of this section.". (3) Paragraph (2) of section 8339(k) of such title is amended— (A) by striking out subparagraph (B)(i) and inserting in lieu thereof the following: "(B)(i) The election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage. Any such election to provide a survivor annuity for a person— "(I) shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person; or "(II) shall, if an election was made by the employee or Member under such paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this paragraph.";

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Page:United States Statutes at Large Volume 100 Part 1.djvu/61

 PUBLIC LAW 99-251—FEB. 27, 1986 (B) by striking out "(other than an employee or Member who made a previous election under paragraph (1) of this subsection)" in subparagraph (B)(ii); and (C) by adding at the end thereof the following new subparagraph (D): "(D) Subparagraphs (B)(ii) and (C) of this paragraph shall not apply if— "(i) the employee or Member makes an election under this paragraph after having made an election under paragraph (1) of this subsection; and "(ii) the election under such paragraph (1) becomes void under subparagraph (B)(i) of this paragraph.", (d) EFFECTIVE DATE.—The amendments made by this section shall take effect May 7, 1985.

100 STAT. 25

5 USC 8339 note,

SEC. 204. PRORATED COST-OF-LIVING ADJUSTMENTS FOR THE FIRST YEAR.

Section 8340(c)(1) of title 5, United States Code, is amended— (1) by striking out "or widower" the first time it appears and inserting in lieu thereof ", widower, or former spouse,"; and (2) by striking out "or widower" the second and third time it appears and inserting in lieu thereof ", widower, former spouse, or insurable interest designee". SEC. 205. SURVIVOR BENEFITS FOR CHILDREN. (a) EQUITABLE SURVIVOR ANNUITIES FOR SURVIVING CHILDREN.—

Section 8341(e) of title 5, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as redesignated by clause (1), the following new paragraph: "(1) For the purposes of this subsection, 'former spouse' includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter.". 03) INDIVIDUAL DETERMINATION OF SURVIVOR ANNUITY AMOUNT.—

Section 8341(e)(2) of title 5, United States Code, as redesignated by subsection (a)(1) of this section, is amended by striking out "each surviving child" both times it appears and inserting in lieu thereof "that surviving child". SEC. 206. DEFERRED ANNUITIES FOR FORMER SPOUSES OF FORMER MEMBERS OF CONGRESS.

Section 8341(h)(1) of title 5, United States Code, is amended by striking out "or annuitant" and inserting in lieu thereof "annuitant, or former Member who was separated from the service with title to a deferred annuity under section 83380t)) of this title". SEC. 207. CHANGES IN COURT ORDERS AFTER DEATH.

Section 8341(h)(4)(A) of title 5, United States Code, is amended by inserting "or death" after "retirement". SEC. 208. EFFECT OF A SEPARATION AGREEMENT ON REFUND OF A LUMP-SUM CREDIT.

Section 8342(j)(l)(B) of title 5, United States Code, is amended to read as follows:

5 USC 8338.

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5 USC 8345.

PUBLIC LAW 99-251—FEB. 27, 1986 "(B) shall be subject to the terms of a court decree of divorce, annulment, or l ^ a l separation or any court order or court approved property settlement agreement incident to such decree if— "(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and "(ii) payment of the lump-sum credit would extinguish entitlement of the employee's or Member's spouse or former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 83450*) of this title.'. TITLE III—MISCELLANEOUS CIVIL SERVICE AMENDMENTS SEC. 301. RECEPTION AND REPRESENTATION EXPENSES OF THE OFFICE OF PERSONNEL MANAGEMENT.

Section 1103(a) of title 5, United States Code, is amended— (1) by striking out "and" after paragraph (7); (2) by striking out the period after paragraph (8) and by inserting in lieu thereof "; and"; and (3) by inserting after paragraph (8) the following: "(9) incurring official reception and representation expenses of the Office subject to any limitation prescribed in any law.". SEC. 302. EXCEPTION TO NOTICE REQUIREMENTS FOR ROUTINE PAY MATTERS.

5 USC 1105.

Section 1103(b) of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) Paragraphs (1) and (2) of this subsection and section 1105 of this title shall not apply to the establishment of any schedules or rates of basic pay or sdlowances under subpart D of part III of this title. The preceding sentence does not apply to the establishment of the procedures, methodology, or criteria used to establish such schedules, rates, or allowances.". SEC. 303. PREDEPARTURE ALLOWANCE.

Puerto Rico. Panama. TIAS 10030.

Section 5924(2)(A) of title 5, United States Code, is amended by inserting after "United States" the following: ", its territories or possessions, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements". SEC. 304. DENTAL CARE IN GOVERNMENT MEDICAL FACILITIES OVERSEAS.

24 USC 34.

The second sentence of section 5 of the Act of May 10, 1943 (24 U.S.C. 35; 57 Stat. 81) is amended to read as follows: "Routine dental care, other than dental prosthesis and orthodontia, may be furnished to such persons who are outside the naval service under the same conditions as are prescribed in section 4 of this Act for hospital and dispensary care for such persons.". SEC. 305. MINIMUM ANNUITY UNDER THE CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEM.

(a) REPEAL.—Section 8345(f) of title 5, United States Code, is repealed.

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(b) SAVINGS PROVISION.—An annuity payable from the Civil Serv- 5 USC 8345 note. ice Retirement and Disability Fund as of the day before the date of enactment of this Act shall not be reduced— (1) by reason of the repeal of section 8345(0 of title 5, United Ante, p. 26. States Code; or (2) if or to the extent that the reduction is to be made for the purpose of eliminating an overpayment resulting from the manner in which such section 8345(f) has been administered by the Office of Personnel Management. (c) RATIFICATION OF ERRONEOUS PAYMENTS.—Any individual to 5 USC 8345 note. whom an overpayment of an annuity has been made from the Civil Service Retirement and Disability Fund before the date of enactment of this Act shall be deemed to have been entitled to that overpayment if and to the extent that such overpayment resulted from the manner in which the Office of Personnel Management has administered section 8345(f) of title 5, United States Code. (d) ADJUSTMENTS OF CERTAIN REDUCTIONS.—(1) Effective for any 5 USC 8345 note. month after the date of enactment of this Act, the amount of any annuity which— (A) is payable from the Civil Service Retirement and Disability Fund; and (B) was reduced after June 30, 1985, and before the date of enactment of this Act, to eliminate any overpayment resulting from the manner in which the Office of Personnel Management administered section 8345(f) of title 5, United States Code, shall not be less than the amount which would have been payable as of such date of enactment if the reduction described in clause (B) had not been made. (2)(A) The Office shall make a lump-sum payment to each individual receiving an annuity to which paragraph (1) applies. (B) The lump-sum payment made to any individual under this paragraph shall be equal to the excess of— (i) the total amount of the annuity payments which would have been made to the individual for the period beginning with the first month in which the reduction described in paragraph (1)(B) was made and ending on the last day of the month in which this Act is enacted if the reduction had not been made, over (ii) the total amount of the annuity payments which have been paid to such individual for that period. SEC. 306. CIVIL SERVICE BENEFITS FOR FORMER EMPLOYEES OF COUNTY COMMITTEES.

(a) RETENTION.—Section 3502(a)(C) of title 5, United States Code, is amended by striking out "who is an employee in or under the Department of Agriculture". (b) RATE OF PAY ON CHANGE OF POSITION.—Section 5334(e) of

title 5, United States Code, is amended— (1) by inserting a comma after "may"; and (2) by striking out "under the Department of Agriculture,". (c) ACCRUAL AND ACCUMULATION OF LEAVE.—The first sentence of section 6312 of title 5, United States Code, is amended by striking out "in the case of any officer or employee in or under the Department of Agriculture".

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PUBLIC LAW 99-251—FEB. 27, 1986 SEC. 307. 18-MONTH PERIOD TO ELECT A SURVIVOR ANNUITY UNDER THE CIVIL SERVICE RETIREMENT AND DISABILITY SYSTEM.

5 USC 8334.

(a) IN GENERAL.—Section 8339 of title 5, United States Code, is amended by adding at the end thereof the following: "(o)(DCA) An employee or Member— "(i) who, at the time of retirement, is married, and "(ii) who notifies the Office at such time (in accordance with subsection 0)) that a survivor annuity under section 8341(b) of this title is not desired, may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a reduction under subsection (j) made in the annuity of the employee or Member (or in such portion thereof as the employee or Member may designate) in order to provide a survivor annuity for the spouse of such employee or Member. "(B) An employee or Member— "(i) who, at the time of retirement, is married, and "(ii) who at such time designates (in accordance with subsection (j)) that a limited portion of the annuity of such employee or Member is to be used as the base for a survivor annuity under section 8341(b) of this title, may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a greater portion of the annuity of such employee or Member so used. "(2)(A) An election under subparagraph (A) or (B) of paragraph (1) of this subsection shall not be considered effective unless the amount specified in subparagraph (B) of this paragraph is deposited into the Fund before the expiration of the applicable 18-month period under paragraph (1). "(B) The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of— "(i) the additional cost to the System which is associated with providing a survivor annuity under subsection (b)(2) of this section and results from such election taking into account (I) the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity, and (II) the costs associated with providing for the later election; and "(ii) interest on the additional cost determined under clause (i) of this subparagraph computed using the interest rate specified or determined under section 8334(e) of this title for the calendar year in which the amount to be deposited is determined. "(3) An election by an employee or Member under this subsection voids prospectively any election previously made in the case of such employee or Member under subsection (j). "(4) An annuity which is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the employee or Member whose annuity is so reduced. "(5) Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and

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obligations which would have resulted had the employee or Member involved elected such annuity at the time of retiring. "(6) The Office shall, on an annual basis, inform each employee or Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable to such election.". (b) EFFECTIVE DATE AND APPLICATION.—(1) The amendment made 5 USC 8339 note. by subsection (a) shall take effect 3 months after the date of the enactment of this Act. (2)(A) Subject to subparagraph (B), the amendment made by subsection (a) shall apply with respect to employees and Members who retire before, on, or after such amendment first takes effect. (B) For the purpose of applying the provisions of paragraph (1) of section 8339(o) of title 5, United States Code (as added by subsection (a) of this section) to employees and Members who retire before the date on which the amendment made by subsection (a) first takes effect— (i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and (ii) the amount referred to in paragraph (2) of such section 8339(o) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest). (3) For purposes of this subsection, the terms "employee" and "Member" each has the meaning given that term in sections 8331(1) and 8331(2) of title 5, United States C!ode, respectively. Approved February 27, 1986.

LEGISLATIVE HISTORY—H.R. 4061: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 3, considered and passed House. Feb. 5, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Feb. 27, Presidential statement.

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PUBLIC LAW 99-252—FEB. 27, 1986

Public Law 99-252 99th Congress An Act Feb. 27, 1986 [S. 1574] Comprehensive Smokeless Tobacco Health Education Act of 1986. 15 USC 4401 note. 15 USC 4401.

Research and development. Public information.

Grants. State and local governments.

To provide for public education concerning the health consequences of using smokeless tobacco products.

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 "Comprehensive Smokeless Tobacco Health Education Act of 1986". SEC. 2. PUBLIC EDUCATION.

(a) DEVELOPMENT.—(1) The Secretary of Health and Human Services shall establish and carry out a program to inform the public of any dangers to human health resulting from the use of smokeless tobacco products. In carrying out such program the Secretary shall— (A) develop educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco; (B) make such programs, materials, and announcements available to States, local governments, school systems, the media, and such other entities as the Secretary determines appropriate to further the purposes of this Act; (C) conduct and support research on the effect of smokeless tobacco on human health; and (D) collect, analyze, and disseminate information and studies on smokeless tobacco and health. (2) In developing programs, materials, and announcements under paragraph (1) the Secretary shall consult with the Secretary of Education, medical and public health entities, consumer groups, representatives of manufacturers of smokeless tobacco products, and other appropriate entities. (b) ASSISTANCE.—The Secretary of Health and Human Services may provide technical assistance and may make grants to States— (1) to assist in the development of educational programs and materials and public service announcements respecting the dangers to human health from the use of smokeless tobacco, (2) to assist in the distribution of such programs, materials, and announcements throughout the States, and (3) to establish 18 as the minimum age for the purchase of smokeless tobacco. SEC. 3. SMOKELESS TOBACCO WARNING.

Labeling. 15 USC 4402.

(a) GENERAL RULE.—

(1) It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this Act, one of the following labels:

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 PUBLIC LAW 99-252—FEB. 27, 1986 "WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER "WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS "WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES". (2) It shall be unlawful for any manufacturer, packager, or importer of smokeless tobacco products to advertise or cause to be advertised (other than through the use of outdoor billboard advertising) within the United States any smokeless tobacco product unless the advertising bears, in accordance with the requirements of this Act, one of the labels required by paragraph (1). (b) LABEL FORMAT.—The Federal Trade Commission shall issue regulations requiring the label statement required by subsection (a) to appear— (1) in the case of the smokeless tobacco product package— (A) in a conspicuous and prominent place on the package, and (B) in a conspicuous format and in conspicuous and legible type in contrast with all other printed material on the package, and (2) in the case of advertising subject to subsection (a)(2)— (A) in a conspicuous and prominent location in the advertisement and in conspicuous and legible type in contrast with all other printed material in the advertisement, (B) in the following format:

100 STAT. 31

Regulations.

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Regulations.

Effective date.

15 USC 4403.

Research and development.

PUBLIC LAW 99-252—FEB. 27, 1986 (C) the label statement shall appear in capital letters and the area of the circle and arrow shall be determined by the Federal Trade Commission. (c) LABEL DISPLAY.—The Federal Trade Commission shall issue regulations requiring each label statement required by subsection (a) to— (1) in the case of a smokeless tobacco product package, be randomly displayed by each manufacturer, packager, or importer of a smokeless tobacco product in each 12-month period in as equal a number of times as is possible on each brand of the product and be randomly distributed in all parts of the United States in which such product is marketed, and (2) in the case of any advertisement of a smokeless tobacco product, be rotated every 4 months by each manufacturer, packager, or importer of a smokeless tobacco product in an alternating sequence in the advertisement for each brand of the product. (d) PLAN.—(1) Each manufacturer, packager, or importer of a smokeless tobacco product shall submit a plan to the Federal Trade Commission which specifies the method such manufacturer, packager, or importer will use to rotate, display, and distribute the statements required by subsection (a) in accordance with the requirements of subsections (b) and (c). (z) The Federal Trade Commission shall approve a plan submitted by a manufacturer, packager, or importer of a smokeless tobacco product under paragraph (1) if such plan provides for the rotation, display, and distribution on smokeless tobacco product packages and advertisements of the statements required by subsection (a) in a manner which complies with this section and the regulations promulgated pursuant to this section. (e) APPLICATION.—This section does not apply to a distributor or a retailer of any smokeless tobacco product which does not manufacture, package, or import smokeless tobacco products for sale or distribution within the United States. (f) TELEVISION AND RADIO ADVERTISING.—Effective 6 months after the date of the enactment of this Act, it shall be unlawful to advertise smokeless tobacco on any medium of electronic communications subject to the jurisdiction of the Federal Communications Commission. SEC. 4. INGREDIENT REPORTING. (a) IN GENERAL.—(1) Each person who manufactures, packages, or imports smokeless tobacco products shall annually provide the Secretary with— (A) a list of the ingredients added to tobacco in the manufacture of smokeless tobacco products which does not identify the company which uses the ingredients or the brand of smokeless tobacco which contains the ingredients; and (B) a specification of the quantity of nicotine contained in each such product. (2) A person or group of persons required to provide information by this subsection may designate an individual or entity to provide the information required by this subsection. (b) REPORT.—(1) At such times as the Secretary considers appropriate, the Secretary shall transmit to the Congress a report, based on the information provided under subsection (a), respecting— (A) a summary of research activities and proposed research activities on the health effects of ingredients added to tobacco in the manufacture of smokeless tobacco products and the findings of such research;

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(B) information pertaining to any such ingredient which in the judgment of the Secretary poses a health risk to users of smokeless tobacco; and (C) any other information which the Secretary determines to be in the public interest. (2)(A) Any information provided to the Secretary under subsection Classified (a) shall be treated as a trade secret or confidential information information, subject to section 552(b)(4) of title 5, United States Code, and shall not be revealed, except as provided in paragraph (1), to any person other than those authorized by the Secretary in carrying out their official duties under this section. (B) Subparagraph (A) does not authorize the withholding of information provided under subsection (a) of this section from any duly authorized subcommittee or committee of the Congress. If a subcommittee or committee of the Congress requests the Secretary to provide it such information, the Secretary shall make the information available to the subcommittee or committee and shall, at the same time, notify in writing the person who provided the information of such request. (C) The Secretary shall establish written procedures to assure the confidentiality of information provided under subsection (a) of this section. Such procedures shall include the designation of a duly authorized agent to serve as custodian of such information. The agent— (i) shall take physical possession of the information and, when not in use by any person authorized to have access to such information, shall store it in a locked cabinet or file; and (ii) shall maintain a complete record of any person who Records, inspects or uses the information. Such procedures shall require that any person permitted access to the information shall be instructed in writing not to disclose the information to anyone who is not entitled to have access to the information. SEC. 5. ENFORCEMENT, REGULATIONS. AND CONSTRUCTION.

15 USC 4404.

(a) ENFORCEMENT.—(1) A violation of section 3 or the regulations promulgated pursuant to this Act shall be considered a violation of section 5 of the Federal Trade Commission Act. 15 USC 45. (2) Any person who is found to violate any provision of section 3 or 4(a) shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. (b) REGULATIONS UNDER SECTION 3.—(1) Regulations issued by the Federal Trade Commission under section 3 shall be issued in accordance with section 553 of title 5, United States Code. (2) Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as it may require to implement section 3. (c) CONSTRUCTION.—Nothing in this Act (other than the requirements of sections 3 and 4) shall be construed to limit, restrict, or expand the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of smokeless tobacco products. SEC. 6. INJUNCTIONS.

The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of sections 3 and 4 upon application of the Federal Trade Commission

71-19A 0 - 89 - 4: (X 3 Parti

15 USC 4405.

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PUBLIC LAW 99-252—FEB. 27, 1986 in the case of a violation of section 3 or upon application of the Attorney General of the United States acting through the several United States attorneys in their several districts in the case of a violation of section 3 or 4.

15 USC 4406.

SEC. 7. PREEMPTION.

(a) FEDERAL ACTION.—No statement relating to the use of smokeless tobacco products and health, other than the statements required by section 3, shall be required by any Federal agency to appear on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product. (b) STATE AND LOCAL ACTION.—No statement relating to the use of

smokeless tobacco products and health, other than the statements required by section 3, shall be required by any State or local statute or regulation to be included on any package or in any advertisement (unless the advertisement is an outdoor billboard advertisement) of a smokeless tobacco product. (c) EFFECT ON LIABILITY LAW.—Nothing in this Act shall relieve any person from liability at common law or under State statutory law to any other person. 15 USC 4407.

SEC. 8. REPORTS.

(a) SECRETARY'S REPORT.—The Secretary of Health and Human Services shall transmit a report to the Congress not later than January 11, 1987, and biennially thereafter, containing— (1) a description of the effects of health education efforts on the use of smokeless tobacco products, (2) a description of the use by the public of smokeless tobacco products, (3) an evaluation of the health effects of smokeless tobacco products and the identification of areas appropriate for further research, and (4) such recommendations for legislation and administrative action as the Secretary considers appropriate. (b) FTC REPORT.—The Federal Trade Commission shall transmit a report to the Congress not later than January 11, 1987, and biennially thereafter, containing (1) a description of the current sales, advertising, and marketing practices associated with smokeless tobacco products, and (2) such recommendations for legislation and administrative action as it deems appropriate. 15 USC 4408.

SEC. 9. DEFINITIONS.

For purposes of this Act: (1) The term "smokeless tobacco" means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity. (2) The term "commerce" means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands,

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American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island. (3) The term "United States", when used in a geographical sense, includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and installations of the Armed Forces. (4) The term "package" means a pack, box, carton, pouch, or container of any kind in which smokeless tobacco products are offered for sale, sold, or otherwise distributed to consumers. (5) The term "sale or distribution" includes sampling or any other distribution not for sale. (6) The term "Secretary" means the Secretary of Health and Human Services. SEC. 10. TECHNICAL AMENDMENT.

Section 402(d)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(d)(2)) is amended by inserting before the semicolon a comma and the following: "except that this clause shall not apply to confectionery which is introduced or delivered for introduction into, or received or held for sale in, interstate commerce if the sale of such confectionery is permitted under the laws of the State in which such confectionery is intended to be offered for sale". SEC. 11. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in sections 3(f) and 5(b) and 15 USC 4401 subsection (b), this Act shall take effect one year after the date of "°*®enactment of this Act. (b) EXCEPTION.—Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7, 8, 9, and 10

shall take effect on the date of the enactment of this Act. Approved February 27, 1986.

LEGISLATIVE HISTORY—S. 1574: SENATE REPORT No. 99-209 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 16, considered and passed Senate. Vol. 132 (1986): Feb. 3, considered and passed House, amended. Feb. 6, Senate concurred in House amendments.

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6 It may be said that exceptions to this rule are becoming rare, and that if now proper measures are taken to secure them in the individual ownership of land, and to aid them liberally in their agricultural pursuits by furnishing them implements and cattle, they will in a comparatively short space of time result in the permanent settlement of most of those tribes and bands which but a few years ago were roaming through the country as savages.

One of the most fruitful measures of the present administration has been the introduction of freighting and mechanical pursuits among the Indians. In last year's report I had the pleasure to state that the experiment of employing Indians as freighters with their own ponies had been completely successful. This year's experience has been such as to confirm my conviction that this measure has in its effects been one of the most beneficent innovations ever made in Indian management. The Indians so employed have not only continued to prove themselves the most faithful, efficient, trustworthy, and economical freighters the government ever had, but they have become fond of this occupation, and gradually more skilled in carrying it on. The Commissioner of Indian Affairs reports that the Kiowas and Comanches in the Indian Territory, and the Sioux at the Pine Ridge and Rosebud Agencies, have transported during the past year not less than eight million pounds of supplies and annuity goods, over distances of 165, 160, 200, and 92 miles, respectively; and in compensation therefor, they have received the sum of $115,900, which, although appearing large, has been a considerable saving compared with the amounts formerly paid to white transportation contractors. "So popular has this branch of industry become, that the demands of the Indians for freighting are largely in excess of the quantity of government freight to be transported; and the letting of a transportation contract for Indian goods to a white man would be deemed an infringement on their rights and privileges." * * * "Skill and care in the management of their teams, despatch in the handling and forwarding of the freight, and absolute honesty and trustworthiness in the care of the goods in transitu, have characterized the Indian transportation service; not a package has been lost, not a case or bale broken open or tampered with. The success of the enterprise has made it a permanent feature in the policy of Indian civilization."

At the beginning of this administration no freighting was done by Indians. Last year the number of Indian freight wagons running was stated at 1,356. This year it has been nearly 2,000. Indian freighting has been gradually introduced at the Cheyenne and Arapaho, Kiowa and Comanche, Devil's Lake, Sisseton, Fort Hall, Osage, Kaw, Pawnee, Ponca, Oakland, Sac and Fox, Pottawatomie, White Earth, Great Nemaha, Western Shoshone, Grand Ronde, Siletz, Warm Spring, Green Bay, Yakama, Shoshone, Rosebud, and Pine Ridge Agencies, and in


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PUBLIC LAW 99-253—FEB. 28, 1986 Public Law 99-253 99th Congress An Act

Feb. 28, 1986 [S. 2036]

To make certain technical corrections to amendments made by the Food Security Act of 1985, 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. CROSS COMPLIANCE FOR 1986 THROUGH 1990 CROPS OF WHEAT.

7 USC l445b-3. Ante, p. 1383. Loans.

Paragraph (2) of section 107D(n) of the Agricultural Act of 1949 (as added by section 308 of the Food Security Act of 1985 (Public Law 99-198)) is amended to read as follows: "(2) The Secretary may require that, as a condition of eligibility of producers on a farm for loans, purchases, or payments under this section, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect not exceed the crop acreage base for that commodity.". SEC. 2. CROSS COMPLIANCE FOR 1986 THROUGH 1990 CROPS OF FEED GRAINS.

7 USC I444e. Ante, p. 1395. Loans.

Paragraph (2) of section 105C(n) of the Agricultural Act of 1949 (as added by section 401 of the Food Security Act of 1985 (Public Law 99-198)) is amended to read as follows: "(2) The Secretary may require that, as a condition of eligibility of producers on a farm for loans, purchases, or payments under this section, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect not exceed the crop acreage base for that commodity.". SEC. 3. AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEES.

Ante, p. 1635.

The fifth paragraph of section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) (as amended by section 1711(a) of the Food Security Act of 1985 (Public Law 99-198)) is amended by— (1) in the third sentence, striking out "community committee" and inserting in lieu thereof "local committee"; and (2) striking out the fourth and fifth sentences and inserting in lieu thereof the following new sentences: "Each local administrative area shall have one local committee consisting of at least three members elected to three-year terms in a local election to be held every third year, except that there may be more than one local committee per administrative area in counties that, as of the date of enactment of the Food Security Act of 1985, have more than three local committees. Only one local administrative area shall hold an election in any given year in each county. Only farmers within a local administrative area who are producers who participate or cooperate in programs administered within their area shall be eligible for nomination and election to the local committee for that area: Provided, That

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 PUBLIC LAW 99-253—FEB. 28, 1986

100 STAT. 37

the foregoing requirement of this sentence shall not apply to any county that, on the date of enactment of the Food Security Act of 1985, had less than three local administrative areas. Only Ante, p. 1354. farmers who are participating or cooperating producers within an area shall be eligible to vote in the election in that area.". SEC. 4 DETERMINATION OF CROP ACREAGE BASES. . Subsection (b)(l)(B)(ii) of section 504 of the Agricultural Act of 7 USC 1464. 1949 (as added by section 1031 of the Food Security Act of 1985 (Public Law 99-198)) is amended by striking out "paragraph (I)(A) Ante, p. 1460. and paragraph (l)(B)(i)" and inserting in lieu thereof "clause (i)". Approved February 28, 1986.

LEGISLATIVE HISTORY—S. 2036: CONGRESSIONAL RECORD, Vol. 132 (1986): Jan. 30, considered and passed Senate. Feb. 4, considered and passed House, amended. Feb. 7, Senate concurred in House amendment.

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