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Page:United States Statutes at Large Volume 100 Part 1.djvu/532

 100 STAT. 496

Reports.

Post, p. 497.

PUBLIC LAW 99-323—MAY 27, 1986

the proposed Presidential archival depository to the President of the Senate and the Speaker of the House of Representatives. The report shall include— "(A) a description of the land, facility, and equipment offered as a gift or to be made available without transfer of title; "(B) a statement specifying the estimated total cost of the proposed depository and the amount of the endowment for the depository required pursuant to subsection (g) of this section; "(C) a statement of the terms of the proposed agreement, if any; "(D) a general description of the types of papers, documents, or other historical materials proposed to be deposited in the depository to be created, and of the terms of the proposed deposit; "(E) a statement of any additional improvements and equipment associated with the development and operation of the depository, an estimate of the costs of such improvements and equipment, and a statement as to the extent to which such costs will be incurred by any Federal or State government agency; "(F) an estimate of the total annual cost to the United States of maintaining, operating, and protecting the depository; and "(G) a certification that such facility and equipment (whether offered as a gift or made available without transfer of title) comply with standards promulgated by the Archivist pursuant to paragraph (2) of this subsection. "(4) Prior to accepting any gift under subparagraph (C) of paragraph (1) for the purpose of making any physical or material change or addition to a Presidential archival depository, or prior to implementing any provision of law requiring the making of such a change or addition, the Archivist shall submit a report in writing on the proposed change or addition to the President of the Senate and the Speaker of the House of Representatives. The report shall include— "(A) a description of such gift; "(B) a statement specifying the estimated total cost of the proposed physical or material change or addition and the amount of the deposit in an endowment for the depository required pursuant to subsection (g) of this section in order to meet the cost of such change or addition; "(C) a statement of the purpose of the proposed change or addition and a general description of any papers, documents, or historical materials proposed to be deposited in the depository as a result of such change or addition; "(D) a statement of any additional improvements or equipment for the depository associated with such change or addition; "(E) an estimate of the increase in the total annual cost to the United States of maintaining, operating, and protecting the depository that will result from such change or addition; and "(F) a certification that the depository, and the equipment therein will, after such change or addition, comply with the standards promulgated by the Archivist pursuant to paragraph (2) of this subsection. "(5) The Archivist may not— "(A) accept or take title to land, a facility, or equipment under subparagraph (A) of paragraph (1) for the purpose of creating a Presidential archival depository;

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text:
Author:Dollie Radford

Poetry

 * "A Light Load" {1891)
 * "Songs and Other Verses" (1895)
 * "The Poet’s Larder" in The Idler 15 (Feb-July 1899) pp.607-614
 * "The Poet's Larder and Other Stories" (1900)
 * "A Ballad of Victory and Other Poems" (1907).
 * "Poems" (1910)
 * "The Poet's Larder and Other Stories" (1900)
 * "A Ballad of Victory and Other Poems" (1907).
 * "Poems" (1910)

Novels

 * "One Way of Love: an Idyll" (1898)

Verse play

 * “The Ransom” in Poetry Review 6 (1915) pp117-53.

Books for children

 * "Songs for Somebody" (1893)
 * "Good Night" (1895)
 * "The Young Gardeners Kalendar" (1904)
 * "Sea-Thrift: A Fairy Tale" (1904)
 * "In Summer Time: A Little Boy’s Dream" (1905)

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Author:Dollie Radford


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/533

 PUBLIC LAW 99-323—MAY 27, 1986

100 STAT. 497

"(B) enter into any agreement under subparagraph (B) of such paragraph or any other agreement to accept or establish a Presidential archival depository; or "(C) accept any gift under subparagraph (C) of such paragraph for the purpose of making any physical or material change to a Presidential archival depository, until the expiration of a period of 60 days of continuous session of Congress beginning on the date on which the Archivist transmits the report required under paragraph (3) of this subsection with respect to such Presidential archival depository or the report required under paragraph (4) of this subsection with respect to such change or addition, as the case may be.". (b) Section 2112(g) of title 44, United States Code, is amended to read as follows: "(g)(1) When the Archivist considers it to be in the public interest, the Archivist may solicit and accept gifts or bequests of money or other property for the purpose of maintaining, operating, protecting, or improving a Presidential archival depository. The proceeds of gifts or bequests, together with the proceeds from fees or from sales of historical materials, copies or reproductions, catalogs, or other items, having to do with a Presidential archival depository, shall be paid into an account in the National Archives Trust Fund and shall be held, administered, and expended for the benefit and in the interest of the Presidential archival depository in connection with which they were received, and for the same purposes and objects, including custodial and administrative services for which appropriations for the maintenance, operation, protection, or improvement of Presidential archival depositories might be expended. "(2) The Archivist shall provide for the establishment in such Trust Fund of separate endowments for the maintenance of the land, facility, and equipment of each Presidential archival depository, to which shall be credited any gifts or bequests received under paragraph (1) that are offered for that purpose. Income to each such endowment shall be available to cover the cost of facility operations, but shall not be available for the performance of archival functions under this title. "(3) The Archivist shall not accept or take title to any land, facility, or equipment under subparagraph (A) of subsection (a)(1), or Ante, p. 495. enter into any agreement to use any land, facility, or equipment under subparagraph (B) of such subsection for the purpose of creating a Presidential archival depository, unless the Archivist determines that there is available, by gift or bequest for deposit under paragraph (2) of this subsection in an endowment with respect to such depository, an amount for the purpose of maintaining such land, facility, and equipment equal to— "(A) the product of— "(i) the total cost of acquiring or constructing such facility and of acquiring and installing such equipment, multiplied by "(ii) 20 percent; plus "(B)(i) if title to the land is to be vested in the United States, the product of— "(I) the total cost of acquiring the land upon which such facility is located, or such other measure of the value of such land as is mutually agreed upon by the Archivist and the donor, multiplied by "(II) 20 percent; or

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Page:United States Statutes at Large Volume 100 Part 1.djvu/534

 100 STAT. 498

Ante, p. 495.

PUBLIC LAW 99-323—MAY 27, 1986

"(ii) if title to the land is not to be vested in the United States, the product o— f "(I) the total cost to the donor of any improvements to the land upon which such facility is located (other than such facility and equipment), multiplied by "(II) 20 percent; plus "(C) if the Presidential archival depository will exceed 70,000 square feet in area, an amount equal to the product of— "(i) the sum of— "(I) the total cost described in clause (i) of subparagraph (A); plus "(II) the total cost described in subclause (I) or (II) of subparagraph (B)(i), as the case may be, multiplied by "(ii) the percentage obtained by dividing the number of square feet by which such depository will exceed 70,000 square feet by 70,000. "(4) If a proposed physical or material change or addition to a Presidential archival depository would result in an increase in the costs of facility operations, the Archivist may not accept any gift under subparagraph (C) of paragraph (1) for the purpose of making such a change or addition, or may not implement any provision of law requiring the making of such a change or addition, unless the Archivist determines that there is available, by gift or bequest for deposit under paragraph (2) of this subsection in an endowment with respect to such depository, an amount for the purpose of maintaining the land, facility, and equipment of such depository equal to the difference between— "(A) the amount which, pursuant to paragraph (3) of this subsection, would have been required to have been available for deposit in such endowment with respect to such depository if such change or addition had been included in such depository on— "(i) the date on which the Archivist took title to the land, facility, and equipment for such depository under subparagraph (A) of subsection (a)(1); or "(ii) the date on which the Archivist entered into an agreement for the creation of such depository under subparagraph (B) of such paragraph, as the case may be; minus "(B) the amount which, pursuant to paragraph (3) of this subsection, was required to be available for deposit in such endowment with respect to such depository on the date the Archivist took such title or entered into such agreement, as the case may be.". APPLICABILITY

44 USC 2112 ^°^-

SEC. 4. Paragraphs (3) and (4) of section 2112(g) of title 44, United States Code (as added by the amendment made by section 3(b) of this Act) shall apply with respect to any Presidential archival depository created as a depository for the papers, documents, and other historical materials and Federal records pertaining to any President who takes the oath of office as President for the first time on or after January 20, 1985.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/535

 PUBLIC LAW 99-323—MAY 27, 1986

100 STAT. 499

STUDY OF MUSEUM OF THE PRESIDENTS

SEC. 5. (a) The Archivist of the United States, in consultation with the Secretary of the Smithsonian Institution and the National Capital Planning Commission, shall study the demand for, and the cost, and space and program requirements of, establishing a museum of the Presidents. With respect to such costs, the study shall examine the feasibility of establishing and operating such museum exclusively with non-Federal funds. (b) Each Federal agency shall cooperate with the Archivist in conducting the study required by subsection (a). (c) In the annual report for fiscal year 1986 required by section 2106 of title 44, United States Code, the Archivist shall include a statement of the results of the study required by subsection (a) and any recommendations of the Archivist with respect to establishing such a museum. Approved May 27, 1986.

LEGISLATIVE HISTORY—H.R. 1349: HOUSE REPORTS: No. 99-125 (Coram, on Government Operations). SENATE REPORTS: No. 99-257 (Coram, on Governraental Affairs). CONGRESSIONAL RECORD: VoL 131 (1985): June 4, considered and passed House. Vol. 132 (1986): Mar. 21, considered and passed Senate, araended. May 13, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/536

 100 STAT. 500

PUBLIC LAW 99-324—MAY 27, 1986

Public Law 99-324 99th Congress Joint Resolution May 27, 1986 [S.J. Res. 266]

To authorize and request the President to designate the month of June 1986 as "Youth Suicide Prevention Month".

Whereas the youth of society represent the hope for the future; Whereas the rate of youth suicide has increased more than threefold in the last two decades; Whereas over five thousand young Americans took their lives last year, many more attempted suicide, and countless families were affected; Whereas youth suicide is a phenomenon which must be addressed by a concerned society; and Whereas youth suicide is a national problem which can only be solved through the combined efforts of individuals, families, communities, organizations, and government to educate society: 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 June 1986 is designated as "Youth Suicide Prevention Month" and the President is authorized and requested to issue a proclamation calling upon the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such month with appropriate programs and activities. Approved May 27, 1986.

LEGISLATIVE HISTORY—S.J. Res. 266: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 27, considered and passed Senate. May 15, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/537

 PUBLIC LAW 99-325—MAY 28, 1986

100 STAT. 501

Public Law 99-325 99th Congress An Act To require the Architect of the Capitol to place a plaque at the original site of Providence Hospital.

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 "Providence Hospital Commemorative Plaque Act".

May 28, 1986 [H.R. 4382]

Providence Hospital Commemorative Plaque Act. District of Columbia.

SEC 2. PURPOSE.

The purpose of this Act is to commemorate Providence Hospital for providing 125 years of service to the District of Columbia by authorizing the placement of a plaque at the original site of the Hospital. SEC. 3. SPECIFICATIONS FOR AND INSTALLATION OF PLAQUE.

(a) SPECIFICATIONS.—The Architect of the Capitol is authorized to acquire by purchase or donation a plaque that— (1) is 36 inches in width and 24 inches in height; (2) displays on the left one-third of the plaque a bas-relief of Providence Hospital as it existed in 1866; and (3) displays on the right two-thirds of the plaque the following language in casion typeface: "ORIGINAL SITE OF PROVIDENCE HOSPITAL

"Providence Hospital was located on this site during the years 1861 through 1956. Founded in 1861 by the Daughters of Charity of Saint Vincent de Paul from Emmitsburg, Maryland, the hospital was chartered by an Act of Congress in 1864. 13 Stat. 43. "During the Civil War, while other hospitals in Washington, D.C., were filled with war casualties, Providence Hospital had the special mission of providing care primarily to the civilian population. Originally located in a private home, the hospital moved in 1866 to the more permanent quarters illustrated on this plaque. "On this site, Providence Hospital opened the area's first surgical amphitheater in 1882, inaugurated the first social service department in 1894, and opened the first contagious ward in 1898. "Providence Hospital moved to its present location at 12th and Varnum Streets, NE, in 1956.". (b) MOUNTING OF PLAQUE.—The plaque described in subsection (a) shall be mounted on a pedestal to be constructed according to such specifications as the Architect of the Capitol determines are appropriate for carrying out the purposes of this Act. (c) INSTALLATION.—Such plaque and pedestal shall be installed by the Architect of the Capitol at a location on the original site of Providence Hospital that is as near as practicable to the location of

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Page:U.S. Department of the Interior Annual Report 1880.djvu/38

 above directions in order to arrest the offender or to secure the government for the damages suffered, the agents were instructed to apply to the United States district attorney for the district in which the waste was committed to institute the proper legal proceedings for that purpose, which course, however, should be taken only in cases where the evidence was clear and indisputable. This letter has since formed the basis of all action of this department, having in view the prevention of trespasses upon the timber of the public lands and the collection of the value of the timber cut and the prosecution of the offender.

The appropriations for keeping these special agents in the field were very limited; for the year ending June 30, 1877, $12,500; for the year ending June 30, 1879, $25,000; and for the year ending June 30, 1880, $40,000; making a total down to June 30, 1880, of $77,500 since the inauguration of the present policy. Considered from the standpoint of a mere financial transaction, the operations of the department have been very successful. During the twenty-two years from December 24, 1855, to the 5th of April, 1877, while all action as to timber depredations took place under the circular of 1855 first mentioned, the sums recovered and turned into the Treasury amounted in gross to $248,795.68. During three years and three months from April 5, 1877, to the 30th of June, 1880, the proceeds from the same source amounted to $242,376.68 actually collected. It must be considered, however, that the amount for which judgment has been obtained—but not yet collected—is about as much more. The proceeds of the last three years and a half have therefore been much larger than those of the twenty-two years preceding.

The net money thus realized, however, forms no considerable and certainly not the most important part of the benefits derived from the appropriations made by Congress for that purpose. The repression and prevention of depredations on the public timber-lands on the Atlantic, Pacific, and Gulf coasts constitutes the chief and most beneficial result. At the time of the inauguration of the present system the export trade in timber had grown to enormous proportions on those coasts. Whole fleets of vessels entered the harbors of Puget Sound, the Columbia River, Pensacola, Sabine Pass, Atchafalaya, and places along the shore, whose cargoes consisted mainly of timber taken from the public lands, for which no compensation was paid to the government, and which was not used for the domestic or mining purposes of our own people, but for export to foreign countries. If this trade has not been entirely arrested, it has at least been very materially diminished. From the best sources of information at my command, I am able to report that little if any timber unlawfully taken from the public lands is now being shipped to foreign countries. While it was not the policy to interfere with the necessary use of timber by the settler or miner for domestic use or purposes immediately connected with mining business, it was thought but just to the people of the United States that extensive trading in stolen timber by large firms, and


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Page:United States Statutes at Large Volume 100 Part 1.djvu/538

 100 STAT. 502

PUBLIC LAW 99-325—MAY 28, 1986

the main entrance of such hospital as it existed in 1866. If such location is required for other purposes by the Congress, the Architect of the Capitol may place such plaque on or near any new building erected on such site. (d) MAINTENANCE.—The Architect of the Capitol shall maintain the plaque and pedestal installed under this section aj a part of the United States Capitol Grounds. SEC. 4. PAYMENT OF EXPENSES.

(a) AUTHORITY TO ACCEPT GIFTS.—Notwithstanding any other provision of law, the Architect of the Capitol is authorized to accept and administer on behalf of the Congress gifts and bequests of money for the purpose of acquisition, preparation, and installation of the plaque and pedestal described in section 3. (b) TREATMENT OF GIFTS FOR TAX PURPOSES.—For the purpose of Federal income, estate, and gift taxes, any gift or bequest accepted by the Architect of the Capitol under this Act shall be deemed to be a gift or bequest to or for the benefit of the United States. (c) OBLIGATIONS AND EXPENDITURES.—The Architect of the Capitol

is authorized to incur all obligations and to make all expenditures as may be necessary to carry out the purposes of this Act without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (d) ESTABLISHMENT OF ACCOUNT.—All gifts and bequests of money received for the purposes of this Act shall be deposited by the Architect of the Capitol in a special account established by the Secretary of the Treasury and shall be subject to immediate disbursement as needed by the Architect in order to carry out this Act. (e) REPORT.—The Architect of the Capitol shall submit to the Congress a final report of the money received and expended by him in carrying out this Act. SEC. 5. LIMITATIONS.

(a) IN GENERAL.—The United States may not pay any expense of the acquisition, preparation, and mounting of the plaque or the construction of the pedestal under this Act. (b) DONATION OF FUNDS.—The Architect of the Capitol shall carry out this Act only if sufficient funds are donated for such purpose. Approved May 28, 1986.

LEGISLATIVE HISTORY—H.R. 4382: CONGRESSIONAL RECORD, Vol. 132 (1986): May 13, considered and passed House. May 14, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/539

 PUBLIC LAW 99-326—MAY 28, 1986

100 STAT. 503

Public Law 99-326 99th Congress Joint Resolution To designate the week beginning on June 1, 1986, as "National Neighborhood Housing Services Week".

Whereas America's neighborhoods contain the ethnic, social, and economic relationships which are fundamental to a strong and diverse nation; Whereas, when the physical, economic, and social structures of a neighborhood deteriorate, great harm is caused to the homes, businesses, and residents of the neighborhood, particularly for the elderly and for the poor; Whereas the reversal of such deterioration is essential to the strength of America's families, neighborhoods, and businesses; Whereas, throughout the United States, Neighborhood Housing Services programs, which are partnerships of local residents, business leaders, and government officials, are working to revitalize more than 200 neighborhoods; Whereas Neighborhood Housing Services programs have generated more than three billion dollars in reinvestment funds to revitalize America's neighborhoods; and Whereas, to accomplish their aims, such programs utilize primarily local and private resources and the assistance of hundreds of volunteers who contribute countless hours of volunteer work: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on June 1, 1986, is hereby designated as "National Neighborhood Housing Services Week", and the President is authorized and requested to issue a proclamation calling upon local and State jurisdictions, appropriate Federal agencies, and the people of the United States to observe such week with appropriate ceremonies and activities. Approved May 28, 1986.

LEGISLATIVE HISTORY—H.J. Res. 492: CONGRESSIONAL RECORD, Vol. 132 (1986): May 7, considered and passed House. May 15, considered and passed Senate.

May 28, 1986 [H.J. Res. 492]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/540

 100 STAT. 504

PUBLIC LAW 99-327—MAY 28, 1986

Public Law 99-327 99th Congress Joint Resolution May 28, 1986 [H.J. Res. 526]

To designate the week of May 25, 1986, through May 31, 1986, as "Critical Care Week".

Whereas the public is not sufficiently aware of the special medical needs of the critically ill; Whereas patients such as trauma and burn victims, AIDS victims, and postoperative patients with complications vitally need critical care units within hospitals; Whereas critical care units, where they are available, often serve as many as 15 per centum of the inpatients of a hospital; Whereas four thousand three hundred critical care units have already been established in the United States; Whereas the Society of Critical Care Medicine and its members throughout the United States are dedicated to improving the care of critically ill patients through research and education: 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 May 25, 1986, through May 31, 1986, is designated "Critical Care Week". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe this week with appropriate programs and activities. Approved May 28, 1986.

LEGISLATIVE HISTORY—H.J. Res. 526: CONGRESSIONAL RECORD, Vol. 132 (1986): May 7, considered and passed House. May 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/541

 PUBLIC LAW 99-328—MAY 28, 1986

100 STAT. 505

Public Law 99-328 99th Congress Joint Resolution Allowing qualified persons representing all the States to be naturalized on Ellis Island on July 3 or 4, 1986.

May 28, 1986 [H.J. Res. 613]

Whereas citizenship ceremonies are planned on July 3 and 4, 1986, as part of the centennial celebration of the Statue of Liberty; Whereas, as this is a national celebration, these ceremonies should include a naturalization ceremony that truly reflects that the United States is a Nation of Immigrants; Whereas, the immigrants who entered the United States through Ellis Island settled throughout the United States; Whereas, it would be most appropriate to have residents from all the States participating in the naturalization ceremony; and Whereas, the Immigration and Nationality Act limits participation 8 USC 1101 note. in the naturalization ceremony to individuals who reside only within the jurisdiction of a single district of a United States District Court: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF 2 RESIDENTS REPRESENTATIVE OF EACH STATE.

The Governor of each State is requested to and may designate (to the Attorney General, or his designee, by not later than June 1, 1986) 2 qualified persons (as defined in section 4(1)) for naturalization as citizens of the United States in an appropriate ceremony on Ellis Island on July 3 or 4, 1986. SEC. 2. WAIVER OF CERTAIN PROVISIONS OF THE IMMIGRATION AND NATIONALITY ACT.

Notwithstanding any provision of title III of the Immigration and Nationality Act and notwithstanding any provision of chapter 87 of 8 USC 1401. title 28, United States Code, to the contrary, each qualified person 28 USC 1391 et who is designated under section 1 may be naturalized on Ellis Island seq. on July 3 or 4, 1986, before any judge or justice of the United States. SEC. 3. NO AUTHORIZATION OF ADDITIONAL FUNDS.

This Act does not authorize the appropriation of any amounts for the transportation, lodging, or other expenses associated with the naturalization of designated, qualified persons under section 2. SEC. 4. DEFINITIONS. In this Act: (1) QuAUFiED PERSON.—The term "qualified person" means, with respect to a State, a person— (A) who is a resident of the State, but not a citizen of the United States, (B) who, except as provided in section 2, has completed all statutory and regulatory requirements for naturalization, and

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Page:United States Statutes at Large Volume 100 Part 1.djvu/542

 100 STAT. 506

PUBLIC LAW 99-328—MAY 28, 1986 (C) whose application to file a naturalization petition (Form N-400) on the person's own behalf has been approved before June 1, 1986. (2) STATE AND GOVERNOR.—The term "State" means each of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam, and the term "Governor" means, with respect to a State, the chief executive officer of the State. Approved May 28, 1986.

LEGISLATIVE HISTORY—H.J. Res. 613 (S.J. Res. 334): HOUSE REPORTS: No. 99-587 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): May 12, considered and passed House. May 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/543

 PUBLIC LAW 99-329—MAY 28, 1986

100 STAT. 507

Public Law 99-329 99th Congress Joint Resolution Designating "Baltic Freedom Day".

Whereas the people of the Baltic Republics of Lithuania, Latvia, and Estonia have cherished the principles of religious and political freedom and independence; Whereas the Baltic Republics have existed as independent, sovereign nations belonging to and fully recognized by the League of Nations; Whereas the Union of Soviet Socialist Republics (U.S.S.R.) in collusion with Nazi-Germany signed the Molotov-Ribbentrop Pact which allowed the U.S.S.R. in 1940 to illegally seize and occupy the Baltic States and by force incorporated them against their national will and contrary to their desire for independence and sovereignty into the U.S.S.R.; Whereas due to Soviet and Nazi tyranny, by the end of World War II, the Baltic nations had lost 20 per centum of their total population; Whereas the people of the Baltic Republics have individual and separate cultures, national traditions, and languages distinctively foreign to those of Russia; Whereas the U.S.S.R. since 1940 has systematically implemented its Baltic genocide by deporting native Baltic peoples from their homelands to forced labor and concentration camps in Siberia and elsewhere, and by relocating masses of Russians to the Baltic Republics, thus threatening the Baltic cultures with extinction through russification; Whereas the U.S.S.R. has imposed upon the captive people of the Baltic Republics an oppressive political system which has destroyed every vestige of democracy, civil liberties, and religious freedom; Whereas the people of Lithuania, Latvia, and Estonia find themselves today subjugated by the U.S.S.R., locked into a union they deplore, denied basic human rights, and persecuted for daring to protest; Whereas the U.S.S.R. refuses to abide by the Helsinki accords which the U.S.S.R. voluntarily signed; Whereas the United States as a member of the United Nations has repeatedly voted with a majority of that international body to uphold the right of other countries of the world to determine their fates and be free of foreign domination; Whereas the U.S.S.R. has steadfastly refused to return to the people of the Baltic States of Lithuania, Latvia, and Estonia the right to exist as independent republics separate and apart from the U.S.S.R. or permit a return of personal, political, and religious freedoms; and

May 28, 1986 [S.J. Res. 271]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/544

 100 STAT. 508

PUBLIC LAW 99-329—MAY 28, 1986

Whereas 1986 marks the forty-sixth anniversary of the United States continued policy of nonrecognition of the illegal forcible occupation of Lithuania, Latvia, and Estonia by the U.S.S.R.: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That— (1) the Congress recognizes the continuing desire and the right of the people of Lithuania, Latvia, and Estonia for freedom and independence from the domination of the U.S.S.R.; (2) the Congress deplores the refusal of the U.S.S.R. to recog^ nize the sovereignty of the Baltic Republics and to yield to their rightful demands for independence from foreign domination and oppression; (3) the Congress reaffirms the indictment against the U.S.S.R. of the Copenhagen Manifesto signed by the Baltic Tribunal on July 26, 1985, by Doctor Theodor Veiter, Reverend Michael Bourdeaux, Sir James Fawcett, Per Ahlmark, and Jean Marie Daillet; (4) the fourteenth day of June 1986, the anniversary of the mass deportation of Baltic peoples from their homelands in 1941, be designated "Baltic Freedom Day" as a symbol of the solidarity of the American people with the aspirations of the enslaved Baltic people; and (5) the President of the United States be authorized and requested to issue a proclamation for the observance of Baltic Freedom Day with appropriate ceremonies and activities and to submit the issue of the Baltic Republics to the United Nations so that the issue of Baltic self-determination will be brought to the attention of the United Nations General Assembly. Approved May 28, 1986.

LEGISLATIVE HISTORY—S.J. Res. 271: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 27, considered and passed Senate. May 15, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/545

 PUBLIC LAW 99-330—MAY 29, 1986

100 STAT. 509

Public Law 99-330 99th Congress An Act To settle and adjust the claim of the Tehran American School for $13,333.94.

May 29, 1986 [S. 173]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Tehran be cited as the "Tehran American School Claim Act of 1985". ^'T^^i^^. SEC. 2. The Comptroller General of the United States be, and he Act of 1985!" hereby is, authorized and directed to settle and adjust the claim of the Tehran American School for $13,333.94, which amount constitutes proceeds from the sale of three motor vehicles arranged by the United States Embassy in Tehran, Iran, in 1979. There is hereby appropriated from any money in the Treasury not otherwise appropriated such amount as may be necessary for the payment of the claim. Approved May 29, 1986.

LEGISLATIVE HISTORY—S. 173: HOUSE REPORTS: No. 99-582 (Comm. on the Judiciary). SENATE REPORTS: No. 99-177 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 21, considered and passed Senate. Vol. 132 (1986): May 20, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/546

 100 STAT. 510

PUBLIC LAW 99-331—MAY 31, 1986

Public Law 99-331 99th Congress An Act May 31 1986 -—[S. 2460]

'^^ extend until June 30, 1986, the date on which certain limitations become effective with respect to obligations that may be made from the Military Personnel accounts Qf ti^g Department of Defense for fiscal year 1986.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third proviso of section 8103 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99-190; 99 Stat. 1221), relating to obligations from Military Personnel accounts for fiscal year 1986, is amended by striking out "May 1, 1986" and inserting in lieu thereof "June 30, 1986". Approved May 31, 1986.

LEGISLATIVE HISTORY—S. 2460: CONGRESSIONAL RECORD, Vol. 132 (1986): May 15, considered and passed Senate. May 22, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/547

 PUBLIC LAW 99-332—JUNE 5, 1986

100 STAT. 511

Public Law 99-332 99th Congress Joint Resolution Designating June 26, 1986, as "National Interstate Highway Day".

June 5, 1986 [H.J. Res. 636]

Whereas the 42,500-mile National System of Interstate and Defense Highways is the world's largest transportation and public works project and connects the various regions of the Nation; Whereas June 1986 is the thirtieth anniversary of the enactment of the Federal-Aid Highway Act of 1956 under which construction of 70 Stat. 374. the the Interstate System commenced and which established the Highway Trust Fund; and Whereas the design and construction of the Interstate System has provided substantial employment and economic growth for all segments of our society: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That June 26, 1986, is designated as "National Interstate Highway Day". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities to recognize the thirtieth anniversary of the establishment of the National System of Interstate and Defense Highways and the Highway Trust Fund. Approved June 5, 1986.

LEGISLATIVE HISTORY—H.J. Res. 636: CONGRESSIONAL RECORD, Vol. 132 (1986): May 15, considered and passed House. May 21, considered and passed Senate.

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Page:Narrative of an Official Visit to Guatemala.djvu/101

CH. VI.] buches. At the base of the mountain in question is a sulphureous lake, where, they say, these invalids are in the habit of going, at certain seasons of the year, to drink the waters, which are considered a specific cure: if they are so, there appear to be very few of these unfortunate people who have availed themselves of this easy method of getting rid of this disgusting malady.

The Intendancy of San Salvador, being now united to the Alcaldia Mayor of Sonsonate, forms one of the five states of the federal constitution, under the title of San Salvador. The Alcaldia of Sonsonate contains twenty-one settlements, with 45,000 souls distributed through eleven parishes, being twenty leagues from east to west, and twelve from north to south. Notwithstanding that the ecclesiastical establishment is larger and richer in this country, in proportion to its size and population, than in Mexico, the cures are very badly provided.


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Page:United States Statutes at Large Volume 100 Part 1.djvu/548

 100 STAT. 512

PUBLIC LAW 99-333—JUNE 5, 1986

Public Law 99-333 99th Congress Joint Resolution June 5, 1986 [S.J. Res. 344]

To designate the week beginning June 8, 1986, as "National Children's Accident Prevention Week".

Whereas the children of the United States are the most precious resource of the United States; Whereas approximately 25 per centum of all children in the United States under the age of fourteen suffer accidental injuries each year; Whereas accidental injury is the leading cause of death among children in the United States, resulting in more than ten thousand such deaths each year; Whereas the incidence of such deaths can be greatly reduced by taking precautions to prevent such accidental injuries and seeking expert pediatric emergency care when such accidental injuries do occur; Whereas the incidence of accidental injuries among children is greatest during the summer months of each year, when children are usually not in school and are outdoors much of the time; and Whereas the adults of the United States should become aware of the significant incidence of accidental injuries to children, the increased incidence of such accidental injuries during the summer months, and the need to take precautions to prevent such accidental injuries: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning June 8, 1986, is designated "National Children's Accident Prevention Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved June 5, 1986.

LEGISLATIVE HISTORY—S.J. Res. 344: CONGRESSIONAL RECORD, Vol. 132 (1986): May 15, considered and peissed Senate. May 22, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/549

 PUBLIC LAW 99-334—JUNE 6, 1986

100 STAT. 513

Public Law 99-334 99th Congress An Act To amend the Communications Act of 1934 to provide for reduction in the term of office of members of the Federal Communications Commission, and for other purposes.

j^^^^ g ^ggg [S. 2179]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) is amended by striking "seven" and inserting in lieu thereof "five". (b) The amendment made by subsection (a) of this section shall Effective date. take effect on the date of enactment of this Act, except that— '^ use 154 note. (1) upon the expiration of the term of office prescribed by law to occur on June 30, 1986, any person appointed as a member of the Federal Communications Commission to fill such office for the term following such date shall be eligible to serve until June 30, 1990, and any person appointed as a member of the Federal Communications Commission to the term of office prescribed by law to expire on June 30, 1987, shall be eligible to serve until June 30, 1989; and (2) notwithstanding the provisions of subsection (a) of this section, persons appointed as members of the Federal Communications Commission to terms of office prescribed by law to expire on June 30, 1988, June 30, 1991, and June 30, 1992, shall be eligible to serve until the expiration of the term of office on June 30, 1988, June 30, 1991, and June 30, 1992, whichever is applicable. Approved June 6, 1986.

LEGISLATIVE HISTORY—S. 2179: SENATE REPORTS: No. 99-263 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 27, considered and passed Senate. May 22, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): June 6, Presidential statement.

71-194 0 - 89 - 19: QL 3 Part i

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Page:United States Statutes at Large Volume 100 Part 1.djvu/550

 100 STAT. 514

PUBLIC LAW 99-335—JUNE 6, 1986

Public Law 99- •335 99th Congress

An Act June 6, 1986 [H.R. 2672]

Federal Employees' Retirement System Act of 1986. New Jersey International and Bulk Mail Center.

To amend title 5, United States Code, to establish a new retirement and disability plan for Federal employees, postal employees, and Members of Congress, 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. REDESIGNATION OF BUILDING.

(a) REDESIGNATION.—The New York Bulk and Foreign Mail Center in Jersey City, New Jersey, shall hereafter be known and designated as the "New Jersey International and Bulk Mail Center". Any reference to such building in any law, map, regulation, document, record, or other paper of the United States shall be considered to be a reference to the New Jersey International and Bulk Mail Center. (b) EFFECTIVE DATE.—This section shall take effect 6 months after the date of the enactment of this Act. SEC. 2. DEDICATION OF MICHAEL McDERMOTT PLACE.

(a) ERECTION OF SIGN.—The United States Postal Service shall erect a suitable sign bearing the inscription "Michael McDermott Place", anywhere on its property adjacent to the street and parking area located immediately to the east of the New York Bulk and Foreign Mail Center building in Jersey City, New Jersey, so as to dedicate such portion of such street in memory of former postal employee Michael McDermott. (b) EFFECTIVE DATE.—This section shall take effect on the date of the enactment of this Act.

TITLE I~FEDERAL EMPLOYEES' RETIREMENT SYSTEM SEC. 100. SHORT TITLE; TABLE OF CONTENTS.

5 USC 8401 note.

(a) SHORT TITLE.—This Act may be cited as the "Federal Employees' Retirement System Act of 1986". (b) TABLE OF CONTENTS.—The table of contents is as follows: TABLE OF CONTENTS TITLE I-FEDERAL EMPLOYEES' RETIREMENT SYSTEM Sec. 100. Short title; table of contents. Sec. lOOA. Purposes. Sec. 101. Establishment. TITLE II—OTHER AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE Sec. 201. Treatment under Civil Service Retirement System of certain individuals excluded from Federal Employees' Retirement System. Sec. 202. Non-applicability of Civil Service Retirement System to individuals under Federal Employees' Retirement System.

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Page:U.S. Department of the Interior Annual Report 1880.djvu/39

 the exporting to foreign countries of timber unlawfully taken from the government lands to the detriment of the public interest, should be effectually arrested. Whatever our success in this respect may have been so far, it is certain that the evil will spring up again if the efforts of the government to arrest it should be in the least relaxed in the future, or if Congress should fail, by leaving the laws of the country in their present condition, to show an active sympathy with this policy. To that want of proper legislation I have each successive year called attention in my reports to you, as well as by direct appeals to Congress. The main features of the legislation urged by this department are very simple. They consist in two propositions: First, that the government should be authorized to sell timber from lands principally valuable for the timber growing upon them—that is to say, not agricultural nor mineral—at reasonable, perhaps even at merely nominal, rates to supply all domestic needs and all the wants of local business enterprise, as well as of commerce, the latter so far as compatible with the public interest; and, secondly, that these sales of timber be so regulated as to preserve the necessary proportion of the forests on the public lands from waste and indiscriminate destruction. Such a policy can, in my opinion, be carried out without great cost, with a simple machinery, and in perfect justice to the wants of settlers and the business enterprises of the country. It is virtually the policy proposed to Congress by the Public Lands Commiss i on in the report and the bill submitted to Congress at its last session.

I would also urge once more upon Congress the importance of the passage of a law, repeatedly recommended in my reports, prescribing a severe penalty for the willful, negligent, or careless setting of fires upon public timber-lands of the United States, and also providing for the recovery of damages thereby sustained. The extensive as well as wanton destruction of the timber upon public lands, by the willful or negligent and careless setting of fires by hunters or prospectors or tourists, is a matter of general notoriety. The destruction caused in this way from year to year is almost beyond calculation. While in several, if not in all of the States, such acts are made penal offenses by statute, no law of the United States provides specifically for their punishment when committed upon the public lands. If forest-fires in the Western States and Territories cannot be wholly prevented by such a law, the punishment of some offenders here and there will certainly make the class of persons most liable to commit such offenses more careful, and thereby at least limit the extent of the immense damage now caused by negligence or recklessness.

The question of the preservation of forests in just proportion to the area of the country is engaging the attention of prudent men in every civilized nation. By competent authorities it is estimated that this proportion should be about one-fourth of the whole. In some foreign countries the injury caused by the barbarous ignorance and improvidence of


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Page:United States Statutes at Large Volume 100 Part 1.djvu/551

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 515

Sec. 203. Pay for the Executive Director of the Federal Retirement Thrift Investment Board. Sec. 204. Alternative forms of annuities. Sec. 205. Retirement counseling. Sec. 206. Participation by certain employees and Members only in the Thrift Savings Plan. Sec. 207. Miscellaneous amendments. TITLE III—OTHER PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM AND THE CIVIL SERVICE RETIREMENT SYSTEM Sec. 301. Elections. Sec. 302. Effect of an election under section 301 to become subject to the Federal Employees' Retirement System. Sec. 303. Provisions relating to an election to become subject to chapter 83 subject to certain offsets relating to Social Security. Sec. 304. Amendments relating to Social Security. Sec. 305. Extension of Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983; refund of excess contributions. Sec. 306. Applicability to the United States Postal Service. Sec. 307. Use of "normal-cost percentage". Sec. 308. Retirement study. Sec. 309. Repeal of automatic transfer provision. Sec. 310. Disclosure of return information. Sec. 311. Initial appointments to the Federal Retirement Thrift Investment Board. Sec. 312. Plan for delayed contributions to the Thrift Savings Fund. TITLE IV—FOREIGN SERVICE RETIREMENT Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 411.

Sec. 412. Sec. 413. Sec. 414. Sec. 415. Sec. 416. Sec. 417.

Short title; references to Foreign Service Act of 1980. Redesignation of certain provisions of the Foreign Service Act of 1980. Definition of court. Creditable service for purposes of subchapters I and II. Contributions to the Foreign Service Retirement and Disability System. Offset of annuity by the amount of Social Security benefits. 18-month period to elect survivor annuity. Alternate forms of annuities. Treatment of certain recall service. Remployment. Comparability between the Federal Employees' Retirement System and the Foreign Service Pension System. Moderation of remarriage penalty. Lump-sum payments. Exclusion of participants in Foreign Service Pension System from Foreign Service Retirement and Disability System. Foreign Service Pension System. Table of contents. Effective date.

TITLE V—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND RELATED MATTERS Sec. 501. References. Sec. 502. Contributions to the Central Intelligence Agency Retirement and Disability System. Sec. 503. Offset of annuity by the amount of Social Security benefits. Sec. 504. Thrift savings fund participation by participants in the Central Intelligence Agency Retirement and Disability System. Sec. 505. Alternative forms of annuities. Sec. 506. Participation in the Federal Employees' Retirement System. Sec. 507. Special retirement accrual for other intelligence personnel. TITLE VI-MISCELLANEOUS PROVISIONS Sec. 601. Annuities for survivors of District of Columbia judges. TITLE VII—AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATES Sec. 701. Authorization of appropriations for certain expenses of the Federal Retirement Thrift Investment Management System. Sec. 702. Effective dates.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/552

 100 STAT. 516 5 USC 8401 note.

42 USC 401.

PUBLIC LAW 99-335—JUNE 6, 1986

SEC. lOOA. PURPOSES.

The purposes of this Act are— (1) to establish a Federal employees' retirement plan which is coordinated with title II of the Social Security Act; (2) to ensure a fully funded and financially sound retirement benefits plan for Federal employees; (3) to enhance portability of retirement assets earned as an employee of the Federal Government; (4) to provide options for Federal employees with respect to retirement planning; (5) to assist in building a quality career work force in the Federal Government; (6) to encourage Federal employees to increase personal savings for retirement; and (7) to extend financial protection from disability to additional Federal employees and to increase such protection for eligible Federal employees. SEC. 101. ESTABLISHMENT.

(a) IN GENERAL.—Title 5, United States Code, is amended by inserting after chapter 83 the following new chapter: "eHAPTER 84—FEDERAL EMPLOYEES' RETIREMENT SYSTEM "SUBCHAPTER I—GENERAL PROVISIONS "Sec. "8401. Definitions. "8402. Federal Employees' Retirement System; exclusions. "8403. Relationship to the Social Security Act. "SUBCHAPTER II—BASIC ANNUITY "8410. Eligibility for annuity. "8411. Creditable service. "8412. Immediate retirement. "8413. Deferred retirement. "8414. Early retirement. "8415. Computation of basic annuity. "8416. Survivor reduction for a current spouse. "8417. Survivor reduction for a former spouse. "8418. Survivor elections; deposit; offsets. "8419. Survivor reductions; computation. "8420. Insurable interest reductions. "8420a. Alternative forms of annuities. "8421. Annuity supplement. "8421a. Reductions on account of earnings from work performed while entitled to an annuity supplement. "8422. Deductions from pay; contributions for military service. "8423. Government contributions. "8424. Lump-sum benefits; designation of beneficiary; order of precedence. "8425. Mandatory separation. "SUBCHAPTER III—THRIFT SAVINGS PLAN "8431. "8432. "8433. "8434. "8435. "8436. "8437. "8438. "8439. "8440.

Definition. Contributions. Benefits and election of benefits. Annuities: methods of payment; election; purchase. Protections for spouses and former spouses. Administrative provisions. Thrift Savings Fund. Investment of Thrift Savings Fund. Accounting and information. Tax treatment of the Thrift Savings Fund.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/553

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 517

"SUBCHAPTER IV-SURVIVOR ANNUITIES '8441. '8442. '8443. '8444. '8445.

Definitions. Rights of a widow or widower. Rights of a child. Rights of a named individual with an insurable interest. Rights of a former spouse. "SUBCHAPTER V—DISABILITY BENEFITS

"8451. '8452. '8453. '8454. '8455. '8456. '8457.

Disability retirement. Computation of disability annuity. Application. Medical examination. Recovery; restoration of earning capacity. Relationship to workers' compensation. Military reserve technicians.

"SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS "8461. "8462. "8463. "8464. "8465. "8466. "8467. "8468. "8469. "8470.

Authority of the Office of Personnel Management. Cost-of-living adjustments. Rate of benefits. Commencement and termination of annuities of employees and Members. Waiver, allotment, and assignment of benefits. Application for benefits. Court orders. Annuities and pay on reemployment. Withholding of State income taxes. Exemption from legal process; recovery of payments.

"SUBCHAPTER VII—FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM "8471. "8472. "8473. "8474. "8475. "8476. "8477. "8478. "8479.

Definitions. Federal Retirement Thrift Investment Board. Employee Thrift Advisory Council. Executive Director. Investment policies. Administrative provisions. Fiduciary responsibilities; liability and penalties. Bonding. Exculpatory provisions; insurance.

"SUBCHAPTER I—GENERAL PROVISIONS "§ 8401. Definitions 5 USC 8401. "For the purpose of this chapter— "(1) the term 'account means an account established and maintained under section 8439(a) of this title; "(2) the term 'annuitant' means a former employee or Member who, on the basis of that individual's service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor; "(3) the term 'average pay' means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; "(4) except as provided in subchapter III of this chapter, the term 'basic pay' has the meaning given such term by section 8331(3); "(5) the term 'Board' means the Federal Retirement Thrift Investment Board established by section 8472(a) of this title;

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Page:United States Statutes at Large Volume 100 Part 1.djvu/554

 100 STAT. 518

42 USC 401. 26 USC 3101 et seq-

PUBLIC LAW 99-335—JUNE 6, 1986 "(6) the term 'Civil Service Retirement and Disability Fund' or 'Fund' means the Civil Service Retirement and Disability Fund under section 8348; "(7) the term 'court' means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court; "(8) the term 'Director' means the Director of the Office of Personnel Management; "(9) the term 'dynamic assumptions' means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of longterm future— "(A) investment yields; "(B) increases in rates of basic pay; and "(C) rates of price inflation; "(10) the term 'earnings', when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund; "(11) the term 'employee' means— "(A) an individual referred to in subparagraph (A), (E), (F), (H), (I), or (J) of section 8331(1) of this title; and "(B) a Congressional employee as defined in section 2107 of this title, including a temporary Congressional employee and an employee of the Congressional Budget Office; any of whose civilian service after December 31, 1983, is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, except that such term does not include— "(i) any individual referred to in— "(I) clause (i), (v), (vi), or (ix) of paragraph (1) of section 8331; "(II) clause (ii) of such paragraph (other than an employee of the United States Park Police, or the United States Secret Service, any of whose civilian service after December 31, 1983, is such employment); or "(III) the undesignated material after the last clause of such paragraph; or "(ii) any individual excluded under section 8402(c) of this title; "(12) the term 'former spouse' means a former spouse of an individual— "(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and "(B) if the former spouse was married to such individual for at least 9 months; "(13) the term 'Executive Director' means the Executive Director appointed under section 8474(a); "(14) the term 'firefighter' means— "(A) an employee, the duties of whose position— "(i) are primarily to perform work directly connected with the control and extinguishment of fires; and "(ii) are sufficiently rigorous that employment opportunities are required to be limited to young and physically vigorous individuals, as determined by the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/555

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 519

Director considering the recommendations of the employing agency; and "(B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 10 years; "(15) the term 'Government' means the Federal Government and Gallaudet College; "(16) the term 'Indian court' has the meaning given such term by section 8331(24); "(17) the term 'law enforcement officer' means— "(A) an employee, the duties of whose position— "(i) are primarily— "(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or "(II) the protection of officials of the United States against threats to personal safety; and "(ii) are sufficiently rigorous that employment opportunities are required to be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; "(B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 10 years; and "(C) an employee— "(i) of the Bureau of Prisons or Federal Prison Industries, Incorporated; "(ii) of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or "(iii) in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (chapter 47 of title 10) require frequent 10 USC 801 et direct contact with these individuals in their detention and seq. are sufficiently rigorous that employment opportunities are required to be limited to young and physically vigorous individuals, as determined by the head of the employing agency; "(18) the term 'loss', when used with respect to the Thrift Savings Fund, means the amount of the loss resulting from the investment of sums in such Fund; "(19) the term 'lump-sum credit' means the unrefunded amount consisting of— "(A) retirement deductions made from the basic pay of an employee or Member under section 8422(a) of this title (or under section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983); 5 USC 8331 note. "(B) amounts deposited by an employee or Member under section 8422(e); and

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Page:United States Statutes at Large Volume 100 Part 1.djvu/556

 100 STAT. 520

5 USC 8331 note.

PUBLIC LAW 99-335—JUNE 6, 1986 "(C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348(c), (d), and (e), as determined by the Secretary (compounded annually); but does not include interest— "(i) if the service covered thereby aggregates 1 year or less; or "(ii) for a fractional part of a month in the total service; "(20) the term 'Member' has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees' Retirement System; "(21) the term 'net earnings' means the excess of earnings over losses; "(22) the term 'net losses' means the excess of losses over earnings; "(23) the term 'normal-cost percentage' means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay; "(24) the term 'Office' means the Office of Personnel Management; "(25) the term 'price index' has the same meaning as provided in section 8331(15); "(26) the term 'service' means service which is creditable under section 8411; "(27) the term 'supplemental liability' means the estimated excess of— "(A) the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over "(B) the sum of— "(i) the actuarial present value of deductions to be withheld from the future bcisic pay of employees and Members currently subject to this chapter pursuant to section 8422; "(ii) the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter; "(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable— "(I) to the System, or "(II) to contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and "(iv) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles;

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Page:United States Statutes at Large Volume 100 Part 1.djvu/557

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 521

"(28) the term 'survivor' means an individual entitled to an annuity under subchapter IV of this chapter; "(29) the term 'System' means the Federal Employees' Retirement System described in section 8402(a); "(30) the term 'military reserve technician' means a member of one of the reserve components of the armed forces specified in section 261(a) of title 10 who— "(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and "(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade; and "(31) the term 'military service' means honorable active service— "(A) in the armed forces; "(B) in the commissioned corps of the Public Health Service after June 30, 1960; or "(C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States. "§ 8402. Federal Employees' Retirement System; exclusions "(a) The provisions of this chapter comprise the Federal Employees' Retirement System. "(b) The provisions of this chapter shall not apply with respect to— "(1) any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since December 31, 1983 (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or "(2)(A) any employee or Member who hgis separated from the service after— "(i) having been subject to subchapter III of chapter 83 of this title, or subchapter I of chapter 8 of the Foreign Service Act of 1980; and "(ii) having completed at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title, or at least 5 years of civilian service creditable under subchapter I of the Foreign Service Act of 1980 (determined without regard to any deposit or redeposit requirement under either such subchapter, or any requirement that the individual become subject to either such subchapter after performing the service involved); or "(B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by

5 USC 8402.

42 USC 4io.

Post, pp. 589, ^^\-f^^22 USC 4041.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/558

 100 STAT. 522

PUBLIC LAW 99-335—JUNE 6, 1986

whom such individual is paid of such individual's desire to become subject to such subchapter); except to the extent provided for under title III of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter. "(c)(1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Rate Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)). "(2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration. "(3) The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration. "(4) The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration. 5 USC 8403 42 USC 1305.

"§ 8403. Relationship to the Social Security Act "Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act. "SUBCHAPTER II—BASIC ANNUITY

5 USC 8410.

5 USC 8411.

"§ 8410. Eligibility for annuity "Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.

"§ 8411. Creditable service "(a)(1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. "(2) Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. "(b) For the purpose of this chapter, creditable service of an employee or Member includes— "(1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986; "(2) service with respect to which deductions and withholdings under section 204(a)(l) of the Federal Employees' 5 USC 8331 note. Retirement Contribution Temporary Adjustment Act of 1983 have been made; "(3) except as provided in subsection (f), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees' Retirement System Act of 1986, would be creditable

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Page:United States Statutes at Large Volume 100 Part 1.djvu/559

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 523

under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual's desire to become subject to such subchapter); and "(4) a period of service (other than any service under any of the preceding provisions of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of chapter 8 of the Foreign Service Act of 1980, if the employee or Member waives credit for such service under the Foreign Service Pension System and makes a payment to the Fund equal to the amount that would hdve been deducted from pay under section 8422(a) had the employee been subject to tnis chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)). "(c)(1) Except as provided in paragraph (2) or (3), an employee or Member shall be allowed credit for— "(A) each period of military service performed before January 1, 1957; and "(B) each period of military service performed after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with respect to such period in accordance with section 8422(e). "(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded— "(A) based on a service-connected disability— "(i) incurred in combat with an enemy of the United States; or "(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or "(B) under chapter 67 of title 10. "(3) An employee or Member who has made a deposit under section 8334(j) (or a similar prior provision of law) with respect to a period of military service, and who has not taken a refund of such deposit— "(A) shall be allowed credit for such service without regard to the deposit requirement under paragraph (1)(B); and "(B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between— "(i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and "(ii) the amount which would otherwise have been required with respect to such period under paragraph (I)(B). "(d) Credit under this chapter shall be allowed for leaves of absence without pay granted an employee while performing military service, or while receiving benefits under subchapter I of chapter 81. An employee or former employee who returns to duty after a period of separation is deemed, for the purpose of this subsection, to have been on leave of absence without pay for that

Post, pp. 589, 591-593.

22 USC 3901.

lo use I33i etseq.

5 USC 8101.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/560

 100 STAT. 524 5 USC 8101.

Post, pp. 589, 591-593.

5 USC 8412.

PUBLIC LAW 99-335—JUNE 6, 1986

part of the period in which that individual was receiving benefits under subchapter I of chapter 81. Credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. "(e) Credit shall be allowed for periods of approved leave without pay granted an employee to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by section 8331(1) or 8401(11)), subject to the employee arranging to pay, through the employee's employing agency, within 60 days after commencement of such leave without pay, amounts equal to the retirement deductions and agency contributions which would be applicable under sections 8422(a) and 8423(a), respectively, if the employee were in pay status. If the election and all payments provided by this subsection are not made, the employee may not receive credit for the periods of leave without pay, notwithstanding the third sentence of subsection (d). "(f)(1) An employee or Member who has received a refund of retirement deductions under subchapter III of chapter 83 with respect to any service described in subsection (b)(3) may not be allowed credit for such service under this chapter unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest. "(2) An employee or Member may not be allowed credit under this chapter for any service described in subsection (b)(3) for which retirement deductions under subchapter III of chapter 83 have not been made, unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest. "(3) Interest under paragraph (1) or (2) shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office. "(4) For the purpose of survivor annuities, deposits authorized by the preceding provisions of this subsection may also be made by a survivor of an employee or Member. "§ 8412. Immediate retirement "(a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity. "(b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. "(c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. "(d) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency— "(1) after completing 25 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 25 years, or "(2) after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 20 years, is entitled to an annuity. "(e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—

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Page:United States Statutes at Large Volume 100 Part 1.djvu/561

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 525

"(1) after completing 25 years of service as an air traffic controller, or "(2) after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity. "(f) A Member who is separated from the service, except by resignation or expulsion— "(1) after completing 25 years of service, or "(2) after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(g) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section. "(h)(1) The applicable minimum retirement age under this subsection is— "(A) for an individual whose date of birth is before January 1, 1948, 55 years of age; "(B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A); "(C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age; "(D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and "(E) for an individual whose date of birth is after December 31, 1969, 57 years of age. "(2)(A) For an individual whose date of birth occurs during the 5year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs. "(B) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs. "§ 8413. Deferred retirement 5 USC 8413. "(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years. "(b)(1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains the applicable minimum

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/562

 100 STAT. 526

PUBLIC LAW 99-335—JUNE 6, 1986

retirement age under section 8412(h) and must precede the date on which the employee or Member becomes 62 years of age. "(2) The election of an annuity under this subsection shall not be effective unless— "(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and "(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election. "(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based. 5 USC 8414.

5 USC 4311.

5 USC 5361.

"§ 8414. Early retirement "(a)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(b)(l) Except as provided in paragraphs (2) and (3), an employee who— "(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or "(B) while serving in a geographic area designated by the Director, is separated from the service voluntarily during a period in which (as determined by the Director)— "(i) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and "(ii) a significant percentage of the total number of employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title or comparable provisions); after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. "(2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee's agency for which the employee is qualified, and the offered position is not lower than 2 grades (or pay levels) below the employee's grade (or pay level) and is within the employee's commuting area. "(3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d) or (e) of section 8412. "(c) A military reserve technician who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of ceasing to satisfy the condition described in section 8401(30)(B) is entitled to an annuity.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/563

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 527

"§ 8415. Computation of basic annuity "(a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is 1 percent of that individual's average pay multiplied by such individual's total service. "(b) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Member or Congressional employee, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying IVio percent of the individual's average pay by the years of such service. "(c) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Congressional employee or Member, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying IVio percent of the individual's average pay by the years of such service. "(d) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a) or (b) of section 8425 is— "(1) IVio percent of that individual's average pay multiplied by so much of such individual's total service as does not exceed 20 years; plus "(2) 1 percent of that individual's average pay multiplied by so much of such individual's total service as exceeds 20 years. "(e)(1) In computing an annuity under this subchapter for an employee whose service includes service performed on a part-time basis— "(A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a parttime basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and "(B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee's actual service, as determined by prorating the employee's total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis. "(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis. "(f)(1) The annuity of an employee or Member retiring under section 8412(g) or 8418(b) is computed in accordance with applicable provisions of this section, except that the annuity shall be reduced by five-twelfths of 1 percent for each full month by which the commencement date of the annuity precedes the sixty-second anniversary of the birth of the employee or Member. "(2)(A) Paragraph (1) does not apply in the case of an employee or Member retiring under section 8413(b) if the employee or Member would satisfy the age and service requirements for title to an annuity under section 8412(a), (b), (d)(2), (e)(2), or (f)(2), determined

5 USC 8415.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/564

 100 STAT. 528

PUBLIC LAW 99-335—JUNE 6, 1986

as if the employee or Member had, as of the date of separation, attained the age specified in subparagraph (B). "(B) A determination under subparagraph (A) shall be based on how old the employee or Member will be as of the date on which the annuity under section 8413(b) is to commence. "(g)(1) In applying subsection (a) with respect to an employee under paragraph (2), the percentage applied under such subsection shall be 1.1 percent, rather than 1 percent. "(2) This subsection applies in the case of an employee who— "(A) retires entitled to an annuity under section 8412; and "(B) at the time of the separation on which entitlement to the annuity is based, is at least 62 years of age and has completed at least 20 years of service; but does not apply in the case of a Congressional employee, military reserve technician, law enforcement officer, firefighter, or air traffic controller. 5 USC 8416.

"§ 8416. Survivor reduction for a current spouse "(a)(1) If an employee or Member is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity under section 8442 based on the service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by the Office. "(2) Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse's consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)— "(A) that the spouse's whereabouts cannot be determined; or "(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate. "(3) Except as provided in subsection (d), a waiver made under this subsection shall be irrevocable. "(b)(1) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee's or Member's spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee's or Member's annuity under section 8419(a) for the purpose of providing an annuity for such employee's or Member's spouse in the event such spouse survives the employee or Member. "(2) The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage. "(3) An election to provide a survivor annuity to an individual under this subsection—

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Page:U.S. Department of the Interior Annual Report 1880.djvu/40

 past times has become already too great to be repaired, and the evil consequences are keenly felt. In the United States the consumption of timber is enormous and rapidly increasing. It is in the nature of things that where timber is taken from the public lands without restraint the process is attended with the most reckless waste. No attention is paid to the preservation of young trees or of anything that is not immediately used. What is looked upon as everybody's property is apt to be in nobody's care. Thus, our forests are disappearing with appalling rapidity, especially in those parts of the country where they will not renew themselves when once indiscriminately destroyed. Like spendthrifts, we are living not upon the interest but upon the capital. The consequences can easily be foreseen. They will inevitably be disastrous, unless the Congress of the United States soon wakes up to the greatness of the danger and puts this ruinous business upon a different footing by proper legislation, either according to the principles advocated by this department and the Public Lands Commission, or upon others that may be found equally effective. The action of the government will apply only to the public lands; but those portions of the country in which the great body of the public lands is situated stands most in need of speedy and energetic action. I have considered it my duty to call attention to this subject upon every proper occasion, and that duty has been performed. All further responsibility will rest with the legislative branch of the government. It is to be hoped that the voice of warning will be heeded before it is too late.

BUREAU OF RAILROAD ACCOUNTS.

The report of the Auditor of Railroad Accounts, herewith presented, gives the operations of his office during the year ending June 30, 1880, under the law relating to indebted Pacific railroad companies and certain land-grant railroads.

The Auditor and railroad engineer made two inspections of railroad property—one during the months of August and September, 1880, the detailed results of which are embodied in his report. About 6,655 miles of railroads, coming under the operations of the bureau, have been inspected.

The Auditor reports a gratifying improvement in the condition of railroad property, more especially in that of the Union and Central Pacific Companies. The largely increased earnings of the companies have enabled them to maintain and improve their property to a much greater extent than heretofore.

Among the properties included in the inspections, aside from the Union Pacific and Central Pacific, were those of the Southern Pacific, Atlantic and Pacific, and Northern Pacific Companies, in all of which the government is more or less interested, either as creditor or otherwise. They are all making increased earnings, although rates both for freight and passengers have been reduced, and it is believed that as the country


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/565

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 529

"(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or "(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection. "(4) Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if— "(A) the employee or Member was married to such individual at the time of retirement; and "(B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a). "(c)(1) An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a). "(2) The election and reduction shall take effect the first day of the first month beginning 9 months after the date of marriage. Any such election to provide a survivor annuity for an individual— "(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or "(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection. "(d)(1) An employee or Member— "(A) who is married on the date of retiring under this chapter, and "(B) with respect to whose spouse a waiver under subsection (a) has been made, may, during the 18-month period beginning on such date, elect to have a reduction made under section 8419 in order to provide a survivor annuity under section 8442 for such spouse. "(2)(A) An election under this subsection shall not be effective unless the amount described in subparagraph (B) is deposited into the Fund before the expiration of the 18-month period referred to in paragraph (1). "(B) The amount to be deposited under this subparagraph is equal to the sum of— "(i) the difference (for the period between the date on which the annuity of the former employee or Member commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former employee or Member from the Fund under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and

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Page:United States Statutes at Large Volume 100 Part 1.djvu/566

 100 STAT. 530

PUBLIC LAW 99-335—JUNE 6, 1986

"(ii) the costs associated with providing for the election under this subsection. The amount to be deposited under clause (i) shall include interest, computed at the rate of 6 percent a year. "(3) An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee's or Member's retirement. "(4) Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement. "(5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election. 5 USC 8417.

Regulations. 5 USC 8418.

"§ 8417. Survivor reduction for a former spouse "(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made. "(b)(1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445. "(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved. "(3) An election under this subsection— "(A) shall not be effective to the extent that it— "(i) conflicts with— "(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or "(II) any agreement referred to in such section 8445(a) which was entered into before such date; or "(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and "(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse's written consent. The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2). "§ 8418. Survivor elections; deposit; offsets "(a)(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund, before the expiration of the 2-year period involved, an amount determined by the Office (as nearly as may be administra-

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