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100 STAT. 1919

"(d) A person causing or allowing the departure of a vessel from a place within the jurisdiction of the United States in violation of a detention order issued under section 5113 of this title shall be fined not more than $10,000, imprisoned for not more than one year, or both. "(e) A person causing or allowing the alteration, concealment, or removal of a mark placed on a vessel under section 5103(b) of this title and the regulations prescribed under this chapter, except to make a lawful change or to escape enemy capture in time of war, shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.". (3) Immediately after part I, strike "[PART J—RESERVED FOR MEASUREMENT OF VESSELS]" and insert the following new part J:

Mi

w-'f:ii

"PART J—MEASUREMENT OF VESSELS T

"CHAPTER 141—GENERAL

"Sec.

 * j.sS''

"14101. Definitions. "14102. Regulations. "14103. Delegation of authority. "14104. Measurement to determine application of a law.

"§ 14101. Definitions "In this part— "(1) 'Convention' means the International Convention on Tonnage Measurement of Ships, 1969. "(2) 'existing vessel' means a vessel the keel of which was laid or that was at a similar stage of construction before July 18, 1982. "(3) 'Great Lakes' means— "(A) the Great Lakes; and ^--ii "(B) the St. Lawrence River west of— "(i) a rhumb line drawn from Cap des Hosiers to West Point, Anticosti Island; and '/§*'^* '*'

.-}n3 ""'* \. J, ^^

0S5

46 USC 14101. TIAS 10490.

'"^ f*^ • i^' ' '^

"(ii) on the north side of Anticosti Island, the meridian of longitude 63 degrees west. "(4) 'vessel engaged on a foreign voyage' means a vessel—

"(A) arriving at a place under the jurisdiction of the United States from a place in a foreign country; "(B) making a voyage between places outside the United States (except a foreign vessel engaged on that voyage); "(C) departing from a place under the jurisdiction of the United States for a place in a foreign country; or "(D) making a voyage between a place within a territory or possession of the United States and another place under the jurisdiction of the United States not within that territory or possession.

"§ 14102. Regulations The Secretary may prescribe regulations to carry out this part. "§ 14103. Delegation of authority "(a) The Secretary may delegate to a qualified person the authority to measure a vessel and issue an International Tonnage Certificate (1969) or other appropriate certificate of measurement under this part.

46 USC 14102. 46 USC 14103.

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 100 STAT. 1920

PUBLIC LAW 99-509—OCT. 21, 1986

"(b) Under regulations prescribed by the Secretary, a decision of the person delegated authority under subsection (a) of this section related to measuring a vessel or issuing a certificate may be appealed to the Secretary. "(c) For a vessel intended to be engaged on a foreign voyage, the Secretary may delegate to another country that is a party to the Convention the authority to measure the vessel and issue an International Tonnage Certificate (1969) under chapter 143 of this title. "(d) The Secretary may terminate a delegation made under this section after giving written notice to the person.

Infra.

46 USC 14104.

"§ 14104. Measurement to determine application of a law "When the application of a law of the United States to a vessel depends on the vessel's tonnage, the vessel shall be measured under this part.

"CHAPTER 143—CONVENTION MEASUREMENT

.; ••"'•'

46 USC 14301.

"Sec. "14301. Application. "14302. Measurement. "14303. International Tonnage Certificate (1969). "14304. Remeasurement. "14305. Optional regulatory measurement. "14306. Reciprocity for foreign vessels. "14307. Inspection of foreign vessels.

• M,••( > "= '> . •

' ''

J, '

•' ' . o '.^ ^,.. ^^, . • j ' "'' * ' - » i >i » ',-|"

"§ 14301. Application "(a) Except as otherwise provided in this section, this chapter applies to the following: "(1) a documented vessel. "(2) a vessel that is to be documented under chapter 121 of 46 USC 12101 et this title. «^9"(3) a vessel engaged on a foreign voyage. ^i "(b) This chapter does not apply to the following: "(1) a vessel of war. "(2) a vessel of less than 24 meters (79 feet) overall in length. "(3) a vessel operating only on the Great Lakes, unless the owner requests. "(4) a vessel (except a vessel engaged on a foreign voyage) the keel of which was laid or that was at a similar stage of construction before January 1, 1986, unless— "(A) the owner requests; or "(B) the vessel undergoes a change that the Secretary finds substantially affects the vessel's gross tonnage. "(5) before July 19, 1994, an existing vessel unless— "(A) the owner requests; or "(B) the vessel undergoes a change that the Secretary finds substantially affects the vessel's gross tonnage. "(c) A vessel made subject to this chapter at the request of the owner may be remeasured only as provided by this chapter. International "(d) After July 18, 1994, an existing vessel (except an existing agreements. vessel referred to in subsection (b)(5)(A) or (B) of this section) may retain its tonnages existing on July 18, 1994, for the application of relevant requirements under international agreements (except the Convention) and other laws of the United States. However, if the vessel undergoes a change substantially affecting its tonnage after July 18, 1994, the vessel shall be remeasured under this chapter.

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


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 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1921

"(e) This chapter does not affect an international agreement to which the United States Government is a party that is not in conflict with the Convention or the application of IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 1983, and A.541 (XIII) of November 17, 1983. "§ 14302. Measurement "(a) The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. "(b) Except as provided in section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter may not be required to be measured under another law. "(c) Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel's tonnage, if that law— "(1) becomes effective after July 18, 1994; or "(2) is in effect before July 19, 1994, is not enumerated in section 14305 of this title, and is identified by the Secretary by regulation as a law to which this chapter applies. "§ 14303. International Tonnage Certificate (1969) "(a) After measuring a vessel under this chapter, the Secretary shall issue, on request of the owner, an International Tonnage Certificate (1969) and deliver it to the owner or master of the vessel. "(b) The certificate shall be maintained as required by the Secretary. "§ 14304. Remeasurement "(a) To the extent necessary, the Secretary shall remeasure a vessel to which this chapter applies if— "(1) the Secretary or the owner alleges an error in its measurement; or "(2) the vessel or the use of its space is changed in a way that substantially affects its tonnage. "(b) Except as provided in this chapter or section 14504 of this title, a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121 of this title. "§ 14305. Optional regulatory measurement "(a) On request of the owner of a documented vessel measured under this chapter, the Secretary also shall measure the vessel under chapter 145 of this title. The tonnages determined under that chapter shall be used in applying— "(1) parts A, B, C, E, F, and G and sections 12106(c) and 12108(c) of this title; "(2) section 3(d)(3) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 903(d)(3)); "(3) section 4 of the Bridge to Bridge Radiotelephone Act (33 U.S.C. 1203(a)); "(4) section 4(a)(3) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)(3)); "(5) section 4283 of the Revised Statutes of the United States (46 App. U.S.C. 183); "(6) sections 27 and 27A of the Act of June 5, 1920 (46 App. U.S.C. 883 and 883-1); i.., "(7)Act ofJulyl4, 1956 (46 App. U.S.C. 883a);

International agreements.

46 USC 14302.:i

Effective date. Regulations.

46 USC 14303.

46 USC 14304.

Post, p. 1923. 46 USC 12101 et seq. 46 USC 14305.

Post, p. 1923. 46 USC 12106, 12108.

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 100 STAT. 1922 isaoiia.fliejiil

46 USC 8303, 8304. 16 UST 185.

xms,'.;j8Ii?;t'

46 USC 14306.

International agreements.

46 USC 14307. ,5<^:Vi

Records.

PUBLIC LAW 99-509—OCT. 21, 1986

,; '.

"(8) sections 351, 352, 355, and 356 of the Ship Radio Act (47 U.S.C. 351, 352, 354, and 354a); "(9) section 403 of the Commercial Fishing I n d u s t r y Vessel ,,,; Act (46 U.S.C. 3302 note); "(10) the Officers' Competency Certificates Convention, 1936, and sections 8303 and 8304 of this title; "(11) the International Convention for the Safety of Life at Sea as provided by IMCO Resolution A.494 (XII) of November 19, 1981; "(12) the International Convention on Standard s of Training, Certification, and Watchkeeping for Seafarers, 1978, as provided by IMO Resolution A.540 (XIII) of November 17, 1983; "(13) the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, as provided by IMO Resolution A.541 (XIII) of November 17, 1983; "(14) provisions of law establishing the threshold tonnage levels at which evidence of financial responsibility m u s t be demonstrated; or "(15) unless otherwise provided by law, any other law of the United States in effect before July 19, 1994, and not listed by the Secretary under section 14302(c) of this title. "(b) As long as the owner of a vessel has a request in effect under subsection (a) of this section, the tonnages determined under that request shall be used in applying the other provisions of law described in subsection (a) to that vessel. »»..M "§ 14306. Reciprocity for foreign vessels "(a) When the Secretary finds that the laws and regulations of a foreign country related to m e a s u r e m e n t of vessels a r e similar to those of this chapter and the regulations prescribed under this chapter, or when a foreign country is a party to the Convention, the Secretary shall accept the m e a s u r e m e n t and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter. "(b) Subsection (a) of this section does not apply to a vessel of a foreign country that does not recognize m e a s u r e m e n t s under this chapter. The Secretary may apply m e a s u r e m e n t standard s the Secretary considers appropriate to the vessel, subject to applicable international a g r e e m e n t s to which the United States Government is a party. "§ 14307. Inspection of foreign vessels "(a) The Secretary may inspect a vessel of a foreign country to verify that— "(1) the vessel has an International Tonnage Certificate (1969) and the m a i n characteristics of the vessel correspond to the information in the certificate; or "(2) if the vessel is from a country not a party to the Convention, the vessel has been measured under laws and regulations similar to those of this chapter and the regulations prescribed under this chapter. "(b) For a vessel of a country that is a party to the Convention, if the inspection reveals that the vessel does not have a n International Tonnage Certificate (1969) or that the m a i n characteristics of the vessel differ from those stated on the certificate or other records in a

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Page:United States Statutes at Large Volume 100 Part 3.djvu/115

 100 STAT. 1923

PUBLIC LAW 99-509—OCT. 21, 1986

way that increases the gross or net tonnage of the vessel, the Secretary promptly shall inform the country whose flag the vessel is flying. "(c) For a vessel of a country not a party to the Convention— "(1) if the vessel has been measured under laws and regulations that the Secretary finds are similar to those of this I chapter and the regulations prescribed under this chapter, the vessel shall be deemed to have been issued an International Tonnage Certificate (1969); and "(2) if the vessel has not been measured as described in clause (1) of this subsection, the Secretary may measure the vessel. "(d) An inspection under this section shall be conducted in a way that does not delay a vessel of a country that is a party to the Convention.

"CHAPTER 145—REGULATORY MEASUREMENT "Subchapter I—General "Sec. "14501. "14502. "14503. "14504.

'Sfidn/'; •

.,: ' ! '

,

Application. Measurement. Certificate of measurement. " J Remeasurement. "Subchapter II—Formal Systems "14511. Application. "14512. Standard tonnage measurement. "14513. Dual tonnage measurement.

.

•iSI-. D&//J^

' • "A ' •. • ^,.,..j^

"Subchapter III—Simplified System

'A'. 'XT'

'14521. Application. '14522. Measurement.

Subchapter I—General "§ 14501. Application '•• "This chapter applies to the following: f "(1) a vessel not measured under chapter 143 of this title if— ^ "(A) the vessel is to be documented under chapter 121 of -f this title; or "(B) the application of a law of the United States to the vessel depends on the vessel's tonnage. "(2) a vessel measured under chapter 143 of this title if the owner requests that the vessel also be measured under this chapter as provided in section 14305 of this title.

46 USC 14501.

"§ 14502. Measurement "The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

46 USC 14502.

"§ 14503. Certificate of measurement "The Secretary shall prescribe the certificate to be issued as evidence of a vessel's measurement under this chapter,

46 USC 14503.

"§ 14504. Remeasurement vessel to which this chapter applies if^ "(1) the Secretary or the owner alleges an error in its measurement;
 * "(a) To the extent necessary, the Secretary shall remeasure a

46 USC 14504.

Ante, p. 1920. 46 USC 12101 et seq.

Ante, p. 1921.

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 100 STAT. 1924

PUBLIC LAW 99-509—OCT. 21, 1986

^'

Post, p. 1925; infra.

Ante, p. 1920. 46 USC 12101 et seq.

"(2) the vessel or the use of its space is changed in a way that substantially affects its tonnage; "(3) after being measured under subchapter III of this chap• ter, the vessel becomes subject to subchapter II of this chapter because the vessel or its use is changed; or "(4) although not required to be measured under subchapter II of this chapter, the vessel was measured under subchapter II ^ ' and the owner requests that the vessel be measured under ' subchapter III of this chapter. "(b) Except as provided in this section and chapter 143 of this title, a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121 of this title.

IS 15 1 "Subchapter II—Formal Systems

46 USC 14511.

"§ 14511. Application "This subchapter applies to a vessel described in section 14501 of this title if— "(1) the owner requests; or, >. "(2) the vessel is— ••-:^ -' s "(A) self-propelled; "(B) at least 24 meters (79 feet) overall in length; and "(C) not operated only for pleasure.

46 USC 14512. Regulations.

"§ 14512. Standard tonnage measurement "(a) The Secretary shall prescribe regulations for measuring the gross and net tonnages of a vessel under this subchapter. The regulations shall provide for tonnages comparable to the tonnages that could have been assigned under sections 4151 and 4153 of the Revised Statutes of the United States, as sections 4151 and 4153 existed immediately before the enactment of this section. "(b) On application of the owner or master of a vessel of the United States used in foreign trade, the Secretary may attach an appendix to the vessel's register stating the measurement of spaces that may be deducted from gross tonnage under laws and regulations of other countries but not under those of the United States.

Post, p. 1928.

-v>-

46 USC 14513. '

• i f; 5 ' * . >

46 USC 83a.

'*' ' 5 J., 5

"§ 14513. Dual tonnage measurement "(a) On application by the owner and approval by the Secretary, the tonnage of spaces prescribed by the Secretary may be excluded ill measuring under this section the gross tonnage of a vessel measured under section 14512 of this title. The spaces prescribed by the Secretary shall be comparable to the spaces that could have been excluded under section 2 of the Act of September 29, 1965 (Public Law 89-219, 79 Stat. 891), as section 2 existed immediately before the enactment of this section. "(b) The Secretary shall prescribe the design, location, and dimensions of the tonnage mark to be placed on a vessel measured under this section. "(c)(1) If a vessel's tonnage mark is below the uppermost part of the load line marks, each certificate stating the vessel's tonnages shall state the gross and net tonnages when the mark is submerged and when it is not submerged.

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 100 STAT. 1925

PUBLIC LAW 99-509—OCT. 21, 1986

"(2) Except as provided in paragraph (1) of this subsection, a certificate stating a vessel's tonnages may state only one set of gross and net tonnages.

"Subchapter III—SimpliHed System "§ 14521. Application "This subchapter applies to a vessel described in section 14501 of this title that is not measured under subchapter II of this chapter. "§ 14522. M e a s u r e m e n t "(a) In this section, " l e n g t h " means the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and a t t a c h m e n t s. "(b)(1) The Secretary shall assign gross and net tonnages to a vessel based on its length, b read t h, depth, other dimensions, and appropriate coefficients. "(2) The Secretary shall prescribe the way dimensions (except length) a r e m e a s u r e d and which coefficients a r e appropriate. "(c) The resulting gross tonnages, t a k e n as a group, reasonably shall reflect the relative i n t e r n a l volumes of the vessels measured under this subchapter. The resulting n e t tonnages shall be in approximately the s a m e ratios to corresponding gross tonnages as a r e the n e t and gross tonnages of comparable vessels m e a s u r e d under subchapter II of this chapter. "(d) Under regulations prescribed by the Secretary, the Secretary may determine the gross and n e t tonnages of a vessel representative of a designated class, model, or type, and the n assign those gross and n e t tonnages to other vessels of the s a m e class, model, or type.

46 USC 14521. Ante, p. 1924. 46 USC 14522.

citiooB

"CHAPTER 147—PENALTIES "Sec. "14701. General violation. "14702. False statements.

'

" § 14701. General violation "The owner, c h a r t e r e r, m a n a g i n g operator, agent, master, and individual in charge of a vessel violating this part or a regulation prescribed under this part a r e each liable to the United States Government for a civil penalty of not more than $20,000. Each day of a continuing violation is a s e p a r a t e violation. The vessel also is liable in r e m for the penalty.

46 USC 14701.

" § 14702. False statement s "A person knowingly making a false statement or representation in a m a t t e r in which a statement or representation is required by this part or a regulation prescribed under this part is liable to the United States Government for a civil penalty of not more than $20,000 for each false statement or representation. The vessel also is liable in r e m for the penalty.".

46 USC 14702.

SEC. 5102. CONFORMING AND MISCELLANEOUS AMENDMENTS.

^ (a) Title 14, United States Code, is amended as follows: (1) In the analysis of chapter 17, add the following after item I 663: "664. User fees.".

a

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 100 STAT. 1926

PUBLIC LAW 99-509—OCT. 21, 1986 i

46 USC 664. Uniformed services. iit*7fl,~ 'Xp/.l

Reports.

'MJ ak

46 USC 3701 et seq., 4301 et seq.\ ante, p. 1913.

(2) In section 651, strike "preceding fiscal year." and substitute "preceding fiscal year, including amounts collected as provided under section 664 of this title.". (3) After section 663, add the following new section:

"§ 664. User fees "(a) A fee or charge for a service or thing of value provided by the Coast Guard shall be prescribed as provided in section 9701 of title 31. "(b) Amounts collected by the Secretary for a service or thing of value provided by the Coast Guard shall be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. "(c) Before January 1 of each year, the Secretary shall submit a report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes— "(1) a verification of each activity for which a fee or charge is "(A) the amount collected in the prior fiscal year; and "(B) that the amount spent on that activity in that fiscal year is not less than the amount collected; and ^ ' "(2) the amount expected to be collected in the current fiscal year for each activity for which a fee or charge is expected to be collected.". (b) Title 46, United States Code, is amended as follows: ^ "''' (1) In section 2101— •iH •< (A) between clauses (20) and (21), insert the following new clause: ^IJ\ti. "(20a) 'overall in length' means— "(A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of— "(i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of ' keel, on a waterline parallel to the designed waterline); or "(ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and >; "(B) for any other vessel, the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments."; and (B) add at the end the following new clause: "(47) 'vessel of war' means a vessel— "(A) belonging to the armed forces of a country; r:;,:• ' "(B) bearing the external marks distinguishing vessels of m orm i war of that country; "(C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and "(D) staffed by a crew under regular armed forces discipline.". (2) Section 2102 is amended by striking "chapters 43" and substituting "chapters 37, 43, 51,".
 * • collected stating—

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 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1927

(3) In section 2109, strike "This" and substitute "Except as otherwise provided, this". (4) In section 2110— M a,%i IA -(A) strike "examination of vessels" and substitute "exam•! ination of vessels under part B of this subtitle"; and (B) strike "measurement or". r (5) Section 3701(5) and (6) is repealed. '^ (6) In section 12102— iiot»il (A) insert the subsection designation "(a)" at the begin'*^'' ' ning of the text of the section; and (B) add at the end of the section the following new subsection: " "(b) A vessel is eligible for documentation only if it has been measured under part J of this subtitle. However, the Secretary may Ante, p. 1919. issue a temporary certificate of documentation for a vessel before it is measured.". SEC. 5103. MISCELLANEOUS PROVISIONS.

46 USC note

(a) Laws effective after January 1, 1986, that are inconsistent ^^' with this subtitle supersede this subtitle to the extent of the inconsistency. (b) A reference to a law replaced by this subtitle, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this subtitle. (c) An order, rule, or regulation in effect under a law replaced by this subtitle continues in effect under the corresponding provision of this subtitle until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by this subtitle is deemed to have been taken or committed under the' corresponding provision of this subtitle. (e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this subtitle. (f) If a provision enacted by this subtitle is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this subtitle is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications. (g) The Secretary of Transportation shall— 46 USC 14301
 * . (1) before July 19, 1990, submit to Congress—

. « note(A) a study of— (i) the impact of applying vessel tonnage determined i Js« r under chapter 143 of title 46 (as enacted by section 5101 of this subtitle). United States Code, in laws of the United States that contain provisions based on ton. s, ' nage, including an analysis of the number and types of 'ji^, vessels that would become subject to additional laws or more stringent requirements because of that application; and Ji •"• u (ii) the extent to which the tonnage thresholds in laws of the United States whose application is based on tonnage would have to be raised so that additional ^ application is based on tonnage determined under chapter 143; and (B) a recommendation of the levels to which the tonnage thresholds in laws of the United States whose application is
 * " i " vessels would not become subject to those laws if their

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 100 STAT. 1928

PUBLIC LAW 99-509—OCT. 21, 1986 ii

Ante, p. 1920.

Reports.

46 USC note prec. 2101.

")81J q^

based on tonnage should be raised if a complete conversion to the International Convention measurement system under chapter 143 is made; •Hi (2) in conducting the study under clause (1) of this subsection, consult with representatives of the private sector having experience with the operation of vessels likely to be affected by laws of the United States whose application is based on tonnage; and (3) before July 19, 1988, submit to Congress an interim '"^- progress report on the study conducted under clause (1) of this subsection. SEC. 5104. REPEALS.

(a) The repeal of a law by this subtitle may not be construed as a legislative implication that the provision was or was not in effect before its repeal. (b) The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this subtitle: Revised Statutes Revised Statutes Section

United States Code

4148 4149 4151 4153 4154

Title Section

46 App. 46 App. 46 App. 46 App. 46 App.

71 72 75 77 81

Statutes at Large

United States Code

Statutes at Large

Date

Chapter or Public Law

Section Volume

Page

Title

Section

1882 Aug. 5

398

22

300 46 App.

81

1935 Aug. 27

747

49

888 46 App.

88-88i

1965 Sept. 29

89-219

79

891 46 App.

72, 74, 77,8383k

1973 Oct. 1

93-115

87

418 46 App.

86-86i

1976 Sept. 10

94-406

90

1236 46 App.

8

420

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100 STAT. 1929

Subtitle C—Establishment of a Timetable for Completion of Coast Guard Offshore Safety Studies

itg < vi

SEC. 5201. REGULATIONS.

(a) DEADLINE FOR EFFECTIVENESS.—The Secretary of the department in which the Coast Guard is operating (hereafter in this subtitle referred to as the "Secretary") shall issue final regulations, to become effective before September 1, 1987, relating to the evacuation of personnel as provided for in the advance notice of proposed rulemaking regarding the revision of the regulations on outer Continental Shelf activities (50 Fed. Reg. 9290 (1985)), published March 7, 1985. (b) CONSIDERATION OF STANDBY VESSELS FOR EVACUATION.—In

preparing regulations referred to in subsection (a), the Secretary shall consider requiring standby vessels for the evacuation of personnel from manned installations on the outer Continental Shelf. SEC. 5202. REPORTS TO CONGRESS.

(a) PRELIMINARY REPORT.—The Secretary shall, before December 31, 1986, submit to the Congress a report setting forth the progress made in preparing the regulations referred to in section 5201(a). 0>) FINAL REPORT.—The Secretary shall, before September 1, 1987, submit to the Congress a report setting forth the justification for the manned installation evacuation procedures contained in the final regulations referred to in section 5201(a).

TITLE VI—CIVIL SERVICE, POSTAL SERVICE, AND GOVERNMENTAL AFFAIRS GENERALLY -r

Subtitle A—Civil Service and Postal Service SEC. 6001. ELECTIONS TO CONTRIBUTE TO THE THRIFT SAVINGS FUND. (a)

PARTICIPANTS IN

THE

FEDERAL

EMPLOYEES' RETIREMENT

SYSTEM.—(1) Paragraph (4) of section 8432(b) of title 5, United States Code (as added by Public Law 99-335), is amended— Ante, p. 541. (A) by inserting "(A)" after "(4)"; (B) by inserting "continues as an employee or Member without a break in service through April 1, 1987," in the first sentence after "January 1, 1987,"; (C) by striking out "January 1, 1987." in the second sentence .> > and inserting in lieu thereof "April 1, 1987."; gf (D) by striking out "the last day of that election period." in the third sentence and inserting in lieu thereof "the date on which the employee or Member makes that election."; and (E) by adding at the end thereof the following new subparagraph: "(B) Notwithstanding subsection (a), the maximum amount that ^.j,..,^ an employee or Member may contribute during any pay period which begins on or after April 1, 1987, and before October 1, 1987, pursuant to an election made during the election period provided

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 100 STAT. 1930

PUBLIC LAW 99-509—OCT. 21, 1986

under subparagraph (A) is the amount equal to 15 percent of such individual's basic pay for such pay period.". Ante, p. 541. (2) Section 8432(c) of title 5, United States Code, is amended— (A) in paragraph (1)— (i) by inserting "(A)" after "(c)(1)"; and (ii) by adding at the end thereof the following new subparagraphs: "(B) In the case of each employee or Member who is an employee or Member on January 1, 1987, and continues as an employee or Member without a break in service through April 1, 1987, the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for that period of service. "(C) If an employee or Member— "(i) is an employee or Member on January 1, 1987; "(ii) separates from Government employment before April 1, \- 1987; and .i "(iii) before separation, completes the number of years of civilian service applicable to such employee or Member under subparagraph (A) or (B) of subsection (g)(2), the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for service performed on or after January 1, 1987, and before the date of the separation."; and (B) in paragraph (2), by inserting after subparagraph (B) the following: "(C) Notwithstanding subparagraph (B), the amount contributed under subparagraph (A) by an employing agency with respect to any contribution made by an employee or Member during any pay period which begins after the date on which such employee or Member makes an election under subsection (b)(4) and before July 1, 1987, shall be the amount equal to the sum of— "(i) two times such portion of the total amount of the employee's or Member's contribution as does not exceed 3 percent of such employee's or Member's basic pay for such pay period; ., and "(ii) such portion of the total amount of the employee's or / "'*' Member's contributions as exceeds 3 percent, but does not exceed 5 percent, of such employee's or Member's basic pay for such pay period.". 5 USC 8432 note. (3) The contributions required to be made to the Thrift Savings Fund under paragraphs (1)(B), (1)(C), and (3) of section 8432(c) of title 5, United States Code, shall be made as soon as practicable during the 15-day period which begins on April 1, 1987. 5 USC 8351 note. (b) PARTICIPANTS IN THE CiVIL SERVICE RETIREMENT AND DISABILITY SYSTEM.—Section 206(b) of the Federal Employees' Retirement Ante, p. 593. System Act of 1986 (Public Law 99-335) is amended to read as follows: "(b)(1) An election may first be made by an employee of the Federal Government or a Member of Congress under subsection (a)(2) of section 8351 of title 5, United States Code (as added by Ante, p. 593. subsection (a)(1)), during an election period prescribed for the purposes of this subsection by the Executive Director of the Federal Retirement Thrift Investment Board. Such period shall begin on April 1, 1987.

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100 STAT. 1931

"(2) An election made by an employee or Member as provided in Effective date, paragraph (1) shall take effect on the first day of the employee's or Member's first pay period which begins on or after the date of such election. "(3) Notwithstanding section 8351(b)(2) of title 5, United States Ante, p. 593. Code (as added by subsection (a)(1)), the maximum amount that an employee or Member may contribute during any pay period which begins on or after April 1, 1987, and before October 1, 1987, pursuant to an election made during the election period provided under paragraph (1) is the amount equal to 7.5 percent of such individual's basic pay for such pay period.". (c) INAPPLICABILITY OF LIMITATION ON NUMBER OF ELECTIONS 5 USC 8432 note. WITHIN A SIX-MONTH PERIOD.—(1) The requirement to make contributions for a 6-month period after an election, as provided in subsection (a) of section 8432 of title 5, United States Code, shall not Ante, p. 541. apply to contributions made pursuant to an election made during the period provided in subsection (b)(4) of such section or 206(b) of - * ' «• » the Federal Employees' Retirement System Act of 1986. Ante, p. 1930. (2) The first election period prescribed under section 8432(b)(1) of title 5, United States Code, shall commence on July 1, 1987. (3) Each employee or Member who makes an election referred to in paragraph (1) may make an election under section 8432(b)(1) of title 5, United States Code, during the election period that begins on July 1, 1987. (d) REGULATIONS.—The Executive Director of the Federal Retire- 5 USC 8432 note, ment Thrift Investment Board may prescribe regulations to carry out subsections (a), (b), and (c) and the amendments made by subsections (a) and (b). (e)

BUDGET OF THE FEDERAL EMPLOYEES' THRIFT INVESTMENT

BOARD.—Section 8472 of title 5, United States Code, is amended by Ante, p. 578. adding at the end thereof the following: "(i) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31. "(j) The Board may submit to the President, and, at the same time, shall submit to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title or any other provision of law,". (f) EFFECTIVE DATE.—This section, other than subsection (d), and 5 USC 8432 note, the amendments made by this section shall take effect on January 1, 1987. SEC. 6002. CIVIL SERVICE RETIREMENT AND DISABILITY FUND.

(a) INVESTMENT AND RESTORATION OF THE FUND.—Section 8348 of title 5, United States Code, is amended by adding at the end the following new subsection: "(j)(l) Notwithstanding subsection (c) of this section, the Secretary Public debt limit, of the Treasury may suspend additional investment of amounts in the Fund if such additional investment could not be made without «!• q: r; causing the public debt of the United States to exceed the public debt limit. "(2) Any amounts in the Fund which, solely by reason of the Public debt limit, public debt limit, are not invested shall be invested by the Secretary of the Treasury as soon as such investments can be made A^ithout exceeding the public debt limit.

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 100 STAT. 1932

31 USC 3101 et
 * ^9-

' •

Public debt limit.

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Securities. Public debt limit.

" >>' ''• '

Ante, p. 516. ' ^

'

PUBLIC LAW 99-509—OCT. 21, 1986

"(3) Upon expiration of the debt issuance suspension period, the Secretary of the Treasury shall immediately issue to the Fund obligations under chapter 31 of title 31 that (notwithstanding subsection (d) of this section) bear such interest rates and maturity dates as are necessary to ensure that, after such obligations are issued, the holdings of the Fund will replicate to the maximum extent practicable the obligations that would then be held by the Fund if the suspension of investment under paragraph (1) of this subsection, and any redemption or disinvestment under subsection (k) of this section for the purpose described in such paragraph, during such period had not occurred. "(4) On the first normal interest payment date after the expiration of any debt issuance suspension period, the Secretary of the Treasury shall pay to the Fund, from amounts in the general fund of the Treasury of the United States not otherwise appropriated, an amount determined by the Secretary to be equal to the excess of"(A) the net amount of interest that would have been earned by the Fund during such debt issuance suspension period if— "(i) amounts in the Fund that were not invested during such debt issuance suspension period solely by reason of the } public debt limit had been invested, and < "(ii) redemptions and disinvestments with respect to the nt: Fund which occurred during such debt issuance suspension period solely by reason of the public debt limit had not -m occurred, over "(B) the net amount of interest actually earned by the Fund during such debt issuance suspension period. "(5) For purposes of this subsection and subsections (k) and (1) of this section— ^. "(A) the term 'public debt limit' means the limitation imposed by section 3101(b) of title 31; and "(B) the term 'debt issuance suspension period' means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit.". (b) SALES AND REDEMPTIONS BY THE FUND.—Section 8348 of title 5, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection: "(k)(1) Subject to paragraph (2) of this subsection, the Secretary of the Treasury may sell or redeem securities, obligations, or other invested assets of the Fund before maturity in order to prevent the public debt of the United States from exceeding the public debt limit. "(2) The Secretary may sell or redeem securities, obligations, or other invested assets of the Fund under paragraph (1) of this subsection only during a debt issuance suspension period, and only to the extent necessary to obtain any amount of funds not exceeding the amount equal to the total amount of the payments authorized to be made from the Fund under the provisions of this subchapter or chapter 84 of this title or related provisions of law during such period. A sale or redemption may be made under this subsection even if, before the sale or redemption, there is a sufficient amount in the Fund to ensure that such payments are made in a timely manner.". (c)

REPORTS REGARDING THE OPERATION AND STATUS OF THE

FUND.—Section 8348 of title 5, United States Code, as amended by

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100 STAT. 1933

subsections (a) and (b), is further amended by adding at the end the following new subsection: "(1)(1) The Secretary of the Treasury shall report to Congress on Reports, the operation and status of the Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (j) of this section. The report shall be submitted as soon as possible after the expiration of such, period, but not later than the date that is 30 days after the first ,,.„ normal interest payment date occurring after the expiration of such period. The Secretary shall concurrently transmit a copy of such report to the Comptroller General of the United States. "(2) Whenever the Secretary of the Treasury determines that, by Public debt limit, reason of the public debt limit, the Secretary will be unable to fully comply with the requirements of subsection (c) of this section, the Secretary shall immediately notify Congress of the determination. The notification shall be made in writing.". SEC. 6003. CHANGE IN METHOD BY WHICH REVENUE FOREGONE IS COMPUTED FOR CERTAIN CATEGORIES OF MAIL.

(a) IN GENERAL.—Section 3626 of title 39, United States Code, is amended by adding at the end the following: "(i)(l) As used in this subsection— "(A) 'reduced-rate category' means any class of mail or kind of mailer for which a rate schedule is established under subsection (a) of this section; and "(B) 'regular-rate category' means any class or kind of mail other than a class or kind referred to in section 2401(c) of this title. "(2) This subsection shall be used in determining the costs recovered by revenues plus appropriations for the reduced-rate categories, for the purpose of distinguishing costs to be recovered from rates and fees for regular-rate categories under this chapter, and for the purpose of determining the appropriation requests under section 2401(c) of this title relating to the reduced-rate categories. It shall be assumed that the combination of postage and appropriations to be received for each of the reduced-rate categories will bear the same ratio to the costs attributed as required by section 3622(b)(3) of this title to such respective categories, as the revenues to be received from the most closely corresponding regular-rate category, as estimated in determining the rates for such category, bear to the costs attributed to that regular-rate category as required by section 3622(b)(3) of this title.". (b) CONFORMING AMENDMENT.—Section 2401(c) of title 39, United States Code, is amended by striking "3626" and inserting "3626(a)(h)". (c) EFFECTIVE DATE.—The amendments made by this section shall 39 USC 3626 take effect on January 1, 1989, or on the effective date of the next note, general change in rates and fees under sections 3622 and 3625 of title 39, United States Code, whichever is sooner. SEC. 6004. APPLICABILITY OF CERTAIN LIMITATIONS.

Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) shall not apply with respect to any transfer of funds from the principal campaign committee of the incumbent candidate for the office of Representative who died on January 20, 1985, to the principal campaign committee of his surviving spouse, who was a candidate for such office.

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 100 STAT. 1934 Program Fraud Civil Remedies ^l^USC 3801

PUBLIC LAW 99-509—OCT. 21, 1986 Subtltlc B—Prograiti Fraud Civil Remedies

SEC. 6101. SHORT TITLE.

^°*^-

This subtitle may be cited as the "Program Fraud Civil Remedies Act of 1986".

31 USC 3801

SEC. 6102. FINDINGS AND PURPOSES.

,

.,

.

,

(a) FINDINGS.—The Congress finds that— ^ ' ij0> (1) false, fictitious, and fraudulent claims and statements in Government programs are a serious problem; .}hmiMf:r!?iiitk"l vd (2) false, fictitious, and fraudulent claims and statements in V Government programs result in the loss of millions of dollars annually by allowing persons to receive Federal funds to which ,, they are not entitled; (3) false, fictitious, and fraudulent claims and statements in Government programs undermine the integrity of such programs by allowing ineligible persons to participate in such programs; and «; ' (4) present civil and criminal remedies for such claims and statements are not sufficiently responsive. (b) PURPOSES.—The purposes of this subtitle are— (1) to provide Federal agencies which are the victims of false, fictitious, and fraudulent claims and statements with an administrative remedy to recompense such agencies for losses resulting from such claims and statements, to permit adminisa i t trative proceedings to be brought against persons who make, present, or submit such claims and statements, and to deter the making, presenting, and submitting of such claims and statements in the future; and (2) to provide due process protections to all persons who are subject to the administrative adjudication of false, fictitious, or fraudulent claims or statements. SEC. 6103. PROVISION OF ADMINISTRATIVE REMEDIES FOR CLAIMS AND STATEMENTS.

FALSE

(a) ESTABLISHMENT OF REMEDIES.—Subtitle III of title 31, United States Code, is amended by inserting after chapter 37 the following new chapter:

"CHAPTER 38—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS iy-dic,.

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31 USC 3801.

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"3801. Definitions. ^^x "3802. False claims and statements; liability. , - :. '. • • t"3803. Hearing and determinations. ..,,.^, , "3804. Subpoena authority. , ,s "3805. Judicial review. ' ' ',. ' "3806. Collection of civil penalties and assessments. ^ •'' "3807. Right to administrative offset. "3808. Limitations. ' " ' ' ' • - • "3809. Regulations. , ,• "3810. Reports. " "3811. Effect on other law. '• "3812. Prohibition against delegation.' ' " '

"§ 3801. Definitions "(a) For purposes of this chapter—

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100 STAT. 1935

f

"(1) 'authority' means— "(A) an executive department; "(B) a military department; "(C) an establishment (as such term is defined in section oJiw 11(2) of the Inspector General Act of 1978) which is not an executive department; and a:f! "(D) the United States Postal Service; "(2)'authority head'means— 'to ^1 "(A) the head of an authority; or "(B) an official or employee of the authority designated, 3di "y in regulations promulgated by the head of the authority, to act on behalf of the head of the authority; "(3) 'claim' means any request, demand, or submission— jiio'ct. "(A) made to an authority for property, services, or money (including money representing grants, loans, insurance, or benefits); ro?i"(B) made to a recipient of property, services, or money J ' from an authority or to a party to a contract with an authority— 0 "(i) for property or services if the United States— "(I) provided such property or services; 1 "(II) provided any portion of the funds for the J purchase of such property or services; or "(III) will reimburse such recipient or party for oi *fie:i3'i the purchase of such property or services; or oi sl<feo "(ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the j'iirfciio'j United States— "(I) provided any portion of the money requested "•'•^'\ o e or demanded; or "(II) will reimburse such recipient or party for sjx.' any portion of the money paid on such request or demand; or ';c 'r "(C) made to an authority which has the effect of decreas' ing an obligation to pay or account for property, services, or money, except that such term does not include any claim made in any return of tax imposed by the Internal Revenue Code of 1954; "(4) 'investigating official' means an individual who— "(A)(i) in the case of an authority in which an Office of Inspector General is established by the Inspector General Act of 1978 or by any other Federal law, is the Inspector General of that authority or an officer or employee of such Office designated by the Inspector General; "(ii) in the case of an authority in which an Office of It- * Inspector General is not established by the Inspector General Act of 1978 or by any other Federal law, is an officer or &flt' employee of the authority designated by the authority head to conduct investigations under section 3803(a)(1) of this title; or " ^ "(iii) in the case of a military department, is the Inspector 5 General of the Department of Defense or an officer or employee of the Office of Inspector General of the Depart• ment of Defense who is designated by the Inspector General; and {Ii b "(B) who, if a member of the Armed Forces of the United States on active duty, is serving in grade 0-7 or above or, if

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5 USC app.

pfe Si iSfi Dc J "

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= ' Post, p. 2095. i,

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Post, p. 1939.

laEaoeij,

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 100 STAT. 1936

PUBLIC LAW 99-509—OCT. 21, 1986

a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic 5 USC 5331. pay for grade GS-16 under the General Schedule; "(5) knows or has reason to know', for purposes of establishPost, p. 1937. ing liability under section 3802, means that a person, with respect to a claim or statement— "(A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; "(B) acts in deliberate ignorance of the truth or falsity of -> the claim or statement; or "(C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required; "(6) 'person' means any individual, partnership, corporation, association, or private organization; "(7) 'presiding officer' means— "(A) in the case of an authority to which the provisions of 5 USC 551 et seq. subchapter II of chapter 5 of title 5 apply, an administrative law judge appointed in the authority pursuant to section 3105 of such title or detailed to the authority pursuant to section 3344 of such title; or "(B) in the case of an authority to which the provisions of such subchapter do not apply, an officer or employee of the authority who— 5 USC 3301 "(i) is selected under chapter 33 of title 5 pursuant to etseq., the competitive examination process applicable to administrative law judges; "(ii) is appointed by the authority head to conduct Post, p. 1939. ' hearings under section 3803 of such title; "(iii) is assigned to cases in rotation so far as t,),. practicable; -; "(iv) may not perform duties inconsistent with the duties and responsibilities of a presiding officer; "(v) is entitled to pay prescribed by the Office of Personnel Management independently of ratings and recommendations made by the authority and in accord5 USC 5101 ance with chapter 51 of such title and subchapter III of et seq•.' chapter 53 of such title; 5 USC 5331 «(yj) ig jjQ^ subject to performance appraisal pursuant 5 U ^ 4301 etseq. ' "(vii) may be removed, suspended, furloughed, or ., '. reduced in grade or pay only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing by such Board; "(8) 'reviewing official' means any officer or employee of an authority— "(A) who is designated by the authority head to make the f determination required under section 3803(a)(2) of this title; "(B) who, if a member of the Armed Forces of the United States on active duty, is serving in grade 0-7 or above or, if a civilian employee, is serving in a position for which the i rate of basic pay is not less than the minimum rate of basic 5 USC 5331. '. pay for grade GS-16 under the General Schedule; and ^'(C) who is— "! * "(i) not subject to supervision by, or required to report to, the investigating official; and
 * ° chapter 43 of such title; and

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100 STAT. 1937

"(ii) not employed in the organizational unit of the authority in which the investigating official is employed; and "(9) 'statement' means any representation, certification, affirmation, document, record, or accounting or bookkeeping entry made— "(A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or • "(B) with respect to (including relating to eligibility for)— ^^ "(i) a contract with, or a bid or proposal for a contract with; or (ii) a grant, loan, or benefit from, ^ an authority, or any State, political subdivision of a State, or other party, if the United States Government provides any portion of the money or property under such contract 1.< or for such grant, loan, or benefit, or if the Government will reimburse such State, political subdivision, or party for any portion of the money or property under such contract or for such grant, loan, or benefit, except that such term does not include any statement made in any return of tax imposed by the Internal Revenue Code of 1954. Post, p. 2095. "(b) For purposes of paragraph (3) of subsection (a)— "(1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; "(2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and "(3) a claim shall be considered made, presented, or submitted to an authority, recipient, or party when such claim is actually 5 made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of such authority, recipient, or party. "(c) For purposes of paragraph (9) of subsection (a)— "(1) each written representation, certification, or affirmation constitutes a separate statement; and "(2) a statement shall be considered made, presented, or submitted to an authority when such statement is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf ^ of such authority. "§ 3802. False claims and statements; liability "(a)(1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know— "(A) is false, fictitious, or fraudulent; ' "(B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent; "(C) includes or is supported by any written statement that— "(i) omits a material fact; "(ii) is false, fictitious, or fraudulent as a result of such omission; and

31 USC 3802.

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 100 STAT. 1938

PUBLIC LAW 99-509—OCT. 21, 1986

sril 'lo "(iii) is a statement in which the person making, presentgj |<^j-, ing, or submitting such statement has a duty to include such material fact; or < ( "(D) is for payment for the provision of property or services which the person has not provided as claimed, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim. Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such claim, which is determined under this chapter to be in violation of the preceding sentence. "(2) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that— "(A) the person knows or has reason to know— ' > lit w "(i) asserts a material fact which is false, fictitious, or V iB 10; fraudulent; or •fii\ jQ i "(iiXI) omits a material fact; and "(II) is false, fictitious, or fraudulent as a result of such nj omission; -\Q " (B) in the case of a statement described in clause (ii) of .aeos q,4?Ai^ subparagraph (A), is a statement in which the person making, presenting, or submitting such statement has a duty to include l/ji, such material fact; and £ ». "(C) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement. "(3) An assessment shall not be made under the second sentence of paragraph (1) with respect to a claim if payment by the Government has not been made on such claim. "(b)(1) Except as provided in paragraphs (2) and (3) of this subsection— Post, p. 1939. ,4„, "(A) a determination under section 3803(a)(2) of this title that there is adequate evidence to believe that a person is liable 1: under subsection (a) of this section; or 'f! "(B) a determination under section 3803 of this title that a person is liable under subsection (a) of this section. Contracts. may provide the authority with grounds for commencing any administrative or contractual action against such person which is authorized by law and which is in addition to any action against -' • ^ such person under this chapter. "(2) A determination referred to in paragraph (1) of this subsection may be used by the authority, but shall not require such authority, to commence any administrative or contractual action which is authorized by law, "(3) In the case of an administrative or contractual action to suspend or debar any person who is eligible to enter into contracts with the Federal Government, a determination referred to in paragraph (1) of this subsection shall not be considered as a conclusive determination of such person's responsibility pursuant to Federal procurement laws and regulations.

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Rh they appear are likely to be transitory, and sometimes too much direct attention to them only fixes a child's attention upon them. At all events, adults too easily assume their own habits and wishes as standards, and regard all deviations of children's impulses as evils to be eliminated. That artificiality against which the conception of following nature is so largely a protest, is the outcome of attempts to force children directly into the mold of grown-up standards.

In conclusion, we note that the early history of the idea of following nature combined two factors which had no inherent connection with one another. Before the time of Rousseau educational reformers had been inclined to urge the importance of education by ascribing practically unlimited power to it. All the differences between peoples and between classes and persons among the same people were said to be due to differences of training, of exercise, and practice. Originally, mind, reason, understanding is, for all practical purposes, the same in all. This essential identity of mind means the essential equality of all and the possibility of bringing them all to the same level. As a protest against this view, the doctrine of accord with nature meant a much less formal and abstract view of mind and its powers. It substituted specific instincts and impulses and physiological capacities, differing from individual to individual (just as they differ, as Rousseau pointed out, even in dogs of the same litter), for abstract faculties of discernment, memory, and generalization. Upon this side, the doctrine of educative accord with nature has been reënforced by the development of modern biology, physiology, and psychology. It means, in effect, that great as is the significance of nurture, of modification, and transformation through direct educational effort, nature, or unlearned capacities, affords the foundation and ultimate resources for such nurture.

On the other hand, the doctrine of following nature was a political dogma. It meant a rebellion against existing social institutions, customs, and ideals (See ante, p. ). Rousseau's

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100 STAT. 1939

"§ 3803. Hearing and determinations 31 USC 3803. "(a)(1) The investigating official of an authority may investigate Reports, allegations that a person is liable under section 3802 of this title and Ante, p. 1937. shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General. "(2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under section 3802 of this title, the reviewing official shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a presiding officer of such authority. Such notice shall include— "(A) a statement of the reasons of the reviewing official for the referral of such allegations; "(B) a statement specifying the evidence which supports such ! ^'' allegations; "(C) a description of the claims or statements for which '* liability under section 3802 of this title is alleged; "(D) an estimate of the amount of money or the value of T property or services requested or demanded in violation of « ' section 3802 of this title; and "(E) a statement of any exculpatory or mitigating cir^* cumstances which may relate to such claims or statements. ' "(b)(1) Within 90 days after receipt of a notice from a reviewing official under paragraph (2) of subsection (a), the Attorney General or an Assistant Attorney General designated by the Attorney General shall transmit a written statement to the reviewing official which specifies— "(A) that the Attorney General or such Assistant Attorney ^'^^ ^^^ S; "^^ General approves or disapproves the referral to a presiding officer of the allegations of liability stated in such notice; ill "(B) in any case in which the referral of allegations is approved, that the initiation of a proceeding under this section with respect to such allegations is appropriate; and '" ^"'^ • > "(C) in any case in which the referral of allegations is disapproved, the reasons for such disapproval. ^ S^ "(2) A reviewing official may refer allegations of liability to a JS^ presiding officer only if the Attorney General or an Assistant Attorney General designated by the Attorney General approves the referral of such allegations in a written statement described in paragraph (1) of this subsection. "(3) If the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to an authority head a written finding that the continuation of any hearing under this ' "^s if. section with respect to a claim or statement may adversely affect . ki any pending or potential criminal or civil action related to such claim or statement, such hearing shall be immediately stayed and may be resumed only upon written authorization of the Attorney '• General. "^ ^^ "(c)(1) No allegations of liability under section 3802 of this title with respect to any claim made, presented, or submitted by any person shall be referred to a presiding officer under paragraph (2) of subsection O> if the reviewing official determines that— t) "(A) an amount of money in excess of $150,000; or 1S©8 '^'O -t woo

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 100 STAT. 1940 Ante, p. 1937.

42 USC 1381. 42 USC 401. 42 USC 1395 note. ' 42 USC 602. 42 USC 1396a. 42 USC 1397. 7 USC 2012. 88 USC 301 et seq.-mi et seq., 801 et seq. 42 USC 1786. 42 USC 3030f. 45 USC 231t. 42 USC 1751 ^°^-

42 USC 8621 note.

PUBLIC LAW 99-509—OCT. 21, 1986

"(B) property or services with a value in excess of $150,000, is requested or demanded in violation of section 3802 of this title in such claim or in a group of related claims which are submitted at the time such claim is submitted. "(2)(A) Except as provided in subparagraph (B) of this paragraph, no allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual shall be referred to a presiding officer under paragraph (2) of subsection (b). "(B) Allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual may be referred to a presiding officer under paragraph (2) of subsection (b) if— "(i) such claim or statement is made by such individual in making application for such benefits; "(ii) such allegations relate to the eligibility of such individual \f to receive such benefits; and "(iii) with respect to such claim or statement, the individual— "(I) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; "(II) acts in deliberate ignorance of the truth or falsity of the claim or statement; or "(III) acts in reckless disregard of the truth or falsity of the claim or statement. "(C) For purposes of this subsection, the term 'benefits' means— "(i) benefits under the supplemental security income program under title XVI of the Social Security Act; "(ii) old age, survivors, and disability insurance benefits under title II of the Social Security Act; "(iii) benefits under title XVIII of the Social Security Act; "(iv) aid to families with dependent children under a State plan approved under section 402(a) of the Social Security Act; "(v) medical assistance under a State plan approved under section 1902(a) of the Social Security Act; "(vi) benefits under title XX of the Social Security Act; "(vii) benefits under the food stamp program (as defined in section 3(h) of the Food Stamp Act of 1977); "(viii) benefits under chapters 11, 13, 15, 17, and 21 of title 38; "(ix) benefits under the Black Lung Benefits Act; "(j^) benefits under the special supplemental food program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966; "(xi) benefits under section 336 of the Older Americans Act; "(xii) any annuity or other benefit under the Railroad Retirement Act of 1974; "(xiii) benefits under the National School Lunch Act; "(xiv) benefits under any housing assistance program for lower income families or elderly or handicapped persons which is administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture; "(xv) benefits under the Low-Income Home Energy Assistance Act of 1981; and

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100 STAT. 1941

"(xvi) benefits under part A of the Energy Conservation in Existing Buildings Act of 1976, which are intended for the personal use of the individual who receives the benefits or for a member of the individual's family. "(d)(1) On or after the date on which a reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section, the reviewing official shall mail, by registered or certified mail, or shall deliver, a notice to the person alleged to be liable under section 3802 of this title. Such notice shall specify the allegations of liability against such person and shall state the right of such person to request a hearing with respect to such allegations. "(2) If, within 30 days after receiving a notice under paragraph (1) of this subsection, the person receiving such notice requests a hearing with respect to the allegations contained in such notice— "(A) the reviewing official shall refer such allegations to a presiding officer for the commencement of such hearing; and "(B) the presiding officer shall commence such hearing by mailing by registered or certified mail, or by delivery of, a notice which complies with paragraphs (2)(A) and (3)(B)(i) of subsection (g) to such person. "(e)(1)(A) Except as provided in subparagraph (B) of this paragraph, at any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to review, and upon payment of a reasonable fee for duplication, shall be entitled to obtain a copy of, all relevant and material documents, transcripts, records, and other materials, which relate to such allegations and upon which the findings and conclusions of the investigating officigil under paragraph (1) of subsection (a) are based. "(B) A person is not entitled under subparagraph (A) to review and obtain a copy of any document, transcript, record, or material which is privileged under Federal law. "(2) At any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to obtain all exculpatory information in the possession of the investigating official or the reviewing official relating to the allegations contained in such notice. The provisions of subparagraph (B) of paragraph (1) do not apply to any document, transcript, record, or other material, or any portion thereof, in which such exculpatory information is contained. "(f) Any hearing commenced under paragraph (2) of subsection (d) shall be conducted by the presiding officer on the record in order to determine— "(1) the liability of a person under section 3802 of this title; and "(2) if a person is determined to be liable under such section, the amount of any civil penalty or assessment to be imposed on such person. Any such determination shall be based on the preponderance of the evidence. "(g)(1) Each hearing under subsection (f) of this section shall be conducted— "(A) in the case of an authority to which the provisions of subchapter II of chapter 5 of title 5 apply, in accordance with— "(i) the provisions of such subchapter to the extent that such provisions are not inconsistent with the provisions of this chapter; and

42 USC 6861.

Ante, p. 1937. ,,

Records.

Records,

5 USC 551 et seq.

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 100 STAT. 1942 -'

Regulations.
 * f

• s

Ante, p. 1937.

Regulations.

PUBLIC LAW 99-509—OCT. 21, 1986

"(ii) procedures promulgated by the authority head under paragraph (3) of this subsection; or "(B) in the case of an authority to which the provisions of such subchapter do not apply, in accordance with procedures promulgated by the authority head under paragraphs (2) and (3) of this subsection. "(2) An authority head of an authority described in subparagraph (B) of paragraph (1) shall by regulation promulgate procedures for the conduct of hearings under this chapter. Such procedures shall include: "(A) The provision of written notice of the hearing to any person alleged to be liable under section 3802 of this title, including written notice of— "(i) the time, place, and nature of the hearing; "(ii) the legal authority and jurisdiction under which the hearing is to be held; and "(iii) the matters of facts and law to be asserted. "(B) The provision to any person alleged to be liable under section 3802 of this title of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment. "(C) Procedures to ensure that the presiding officer shall not, except to the extent required for the disposition of ex parte matters as authorized by law— "(i) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to " participate; or - ' "(ii) be responsible to or subject to the supervision or ''direction of the investigating official or the reviewing •'- " official. "(D) Procedures to ensure that the investigating official and the reviewing official do not participate or advise in the decision required under subsection (h) of this section or the review of the decision by the authority head under subsection (i) of this section, except as provided in subsection (j) of this section. "(E) The provision to any person alleged to be liable under section 3802 of this title of opportunities to present such person's case through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. "(F) Procedures to permit any person alleged to be liable under section 3802 of this title to be accompanied, represented, and advised by counsel or such other qualified representative as - • the authority head may specify in such regulations. "(G) Procedures to ensure that the hearing is conducted in an - impartial manner, including procedures to— ' "(i) permit the presiding officer to at any time disqualify himself; and 'dr*o, "(ii) permit the filing, in good faith, of a timely and sufficient affidavit alleging personal bias or another reason ' ' for disqualification of a presiding officer or a reviewing official. "(3)(A) Each authority head shall promulgate by regulation procedures described in subparagraph (B) of this paragraph for the conduct of hearings under this chapter. Such procedures shall be in addition to the procedures described in paragraph (1) or paragraph (2) of this subsection, as the case may be.

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100 STAT. 1943

"(B) The procedures referred to in subparagraph (A) of this paragraph are: "(i) Procedures for the inclusion, in any written notice of a hearing under this section to any person alleged to be liable j; under section 3802 of this title, of a description of the proce- Ante, p. 1937. dures for the conduct of the hearing. "(ii) Procedures to permit discovery by any person alleged to Records. ,, be liable under section 3802 of this title only to the extent that I; the presiding officer determines that such discovery is necessary 1, for the expeditious, fair, and reasonable consideration of the V issues, except that such procedures shall not apply to docuf,- ments, transcripts, records, or other material which a person is ,i, .; entitled to review under paragraph (1) of subsection (e) or to ' • information to which a person is entitled under paragraph (2) of •,, such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under subsection (a)(2) of this section. "(4) Each hearing under subsection (f) of this section shall be held— "(A) in the judicial district of the United States in which the "" person alleged to be liable under section 3802 of this title resides or transacts business; "(B) in the judicial district of the United States in which the claim or statement upon which the allegation of liability under -'' such section was made, presented, or submitted; or .:^ ^ "(C) in such other place as may be agreed upon by such person .^.„ \\ and the presiding officer who will conduct such hearing. "(h) The presiding officer shall issue a written decision, including findings and determinations, after the conclusion of the hearing. Such decision shall include the findings of fact and conclusions of law which the presiding officer relied upon in determining whether a person is liable under this chapter. The presiding officer shall promptly send to each party to the hearing a copy of such decision and a statement describing the right of any person determined to be liable under section 3802 of this title to appeal the decision of the presiding officer to the authority head under paragraph (2) of subsection (i). "(i)(l) Except as provided in paragraph (2) of this subsection and section 3805 of this title, the decision, including the findings and Post, p. 1944. determinations, of the presiding officer issued under subsection (h) of this section are final. "(2)(A)(i) Except as provided in clause (ii) of this subparagraph, within 30 days after the presiding officer issues a decision under subsection (h) of this section, any person determined in such decision to be liable under section 3802 of this title may appeal such decision to the authority head. "(ii) If, within the 30-day period described in clause (i) of this subparagraph, a person determined to be liable under this chapter requests the authority head for an extension of such 30-day period to file an appeal of a decision issued by the presiding officer under mxsubsection (h) of this section, the authority head may extend such period if such person demonstrates good cause for such extension. "(B) Any authority head reviewing under this section the decision, findings, and determinations of a presiding officer shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (f) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the oojec-

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 190 STAT. 1944

Ante, p. 1937. Infra.

PUBLIC LAW 99-509—OCT. 21, 1986

tion. If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the authority head shall remand the matter to the presiding officer for consideration of such additional evidence. "(C) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment determined by the presiding officer pursuant to this section. The authority head shall promptly send to each party to the appeal a copy of the decision of the authority head and a statement describing the right of any person determined to be liable under section 3802 of this title to judicial review under section 3805 of this title. "(j) The reviewing official has the exclusive authority to compromise or settle any allegations of liability under section 3802 of this title against a person without the consent of the presiding officer at any time after the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section and prior to the date on which the presiding officer issues a decision under subsection (h) of this section. Any such compromise or settlement shall be in writing.

31 USC 3804. Records. Reports. Ante, p. 1939.

"§ 3804. Subpoena authority "(a) For the purposes of an investigation under section 3803(a)(1) of this title, an investigating official is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and data not otherwise reasonably available to the authority. "(b) For the purposes of conducting a hearing under section 3803(f) of this title, a presiding officer is authorized— "(1) to administer oaths or affirmations; and "(2) to require by subpoena the attendance and testimony of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the presiding officer considers relevant and material to the hearing. "(c) In the case of contumacy or refusal to obey a subpoena issued pursuant to subsection (a) or (b) of this section, the district courts of the United States shall have jurisdiction to issue an appropriate order for the enforcement of any such subpoena. Any failure to obey such order of the court is punishable by such court as contempt. In any case in which an authority seeks the enforcement of a subpoena issued pursuant to subsection (a) or (b) of this section, the authority shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in whkh the person receiving the subpoena resides or conducts business, to issue such an order.

31 USC 3805.

"§ 3805. Judicial review "(a)(1) A determination by a reviewing official under section 3803 of this title shall be final and shall not be subject to judicial review. "(2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to judicial review.

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 •'=-'*|->?!MW-

PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1945

"(b)(l)(A) Any person who has been determined to be liable under section 3802 of this title pursuant to section 3803 of this title may obtain review of such determination in— "(i) the United States district court for the district in which such person resides or transacts business; "(ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or "(iii) the United States District Court for the District of Columbia. "(B) Such review may be obtained by filing in any such court a written petition that such determination be modified or set aside. Such petition shall be filed— "(i) only after such person has exhausted all administrative remedies under this chapter; and "(ii) within 60 days after the date on which the authority head '^ sends such person a copy of the decision of such authority head under section 3803(i)(2) of this title. "(2) The clerk of the court shall transmit a copy of a petition filed under paragraph (1) of this subsection to the authority and to the Attorney General. Upon receipt of the copy of such petition, the authority shall transmit to the Attorney General the record in the proceeding resulting in the determination of liability under section 3802 of this title. Except as otherwise provided in this section, the district courts of the United States shall have jurisdiction to review the decision, findings, and determinations in issue and to affirm, modify, remand for further consideration, or set aside, in whole or in part, the decision, findings, and determinations of the authority, and to enforce such decision, findings, and determinations to the extent that such decision, findings, and determinations are affirmed or modified. "(c) The decisions, findings, and determinations of the authority with respect to questions of fact shall be final and conclusive, and shall not be set aside unless such decisions, findings, and determinations are found by the court to be unsupported by substantial evidence. In concluding whether the decisions, findings, and determinations of an authority are unsupported by substantial evidence, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. "(d) Any district court reviewing under this section the decision, findings, and determinations of an authority shall not consider any objection that was not raised in the hearing conducted pursuant to section 3803(f) of this title unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the court shall remand the matter to the authority for consideration of such additional evidence. "(e) Upon a final determination by the district court that a person is liable under section 3802 of this title, the court shall enter a final judgment for the appropriate amount in favor of the United States. "§ 3806. Collection of civil penalties and assessments "(a) The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed pursuant to the provisions of this chapter.

Ante, pp.1937, l^^^-

Records,

Records,

31 USC 3806.

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PUBLIC LAW 99-509—OCT. 21, 1986

"(b) Any penalty or assessment imposed in a determination which " •'^''' has become final pursuant to this chapter may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a hearing Ante, p. 1939. conducted under section 3803(f) of this title or pursuant to judicial Ante, p. 1944. review under section 3805 of this title may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review. "(c) The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b) of this section. "(d) Any action under subsection (b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States and the person against whom such action may be brought. "(e) The United States Claims Court shall have jurisdiction of any . ibtot H action under subsection (b) of this section to recover any penalty or assessment if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. "(f) The Attorney General shall have exclusive authority to compromise or settle any penalty or assessment the determination of which is the subject of a pending petition pursuant to section 3805 of this title or a pending action to recover such penalty or assessment pursuant to this section. "(g)(1) Except as provided in paragraph (2) of this subsection, any amount of penalty or assessment collected under this chapter shall be deposited as miscellaneous receipts in the Treasury of the United States. ^ ^.J "(2)(A) Any amount of a penalty or assessment imposed by the United States Postal Service under this chapter shall be deposited in the Postal Service Fund established by section 2003 of title 39. "(B) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with old age and 42 USC 401. survivors benefits under title II of the Social Security Act shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. "(C) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with disability benefits under title II of the Social Security Act shall be deposited in the Federal Disability Insurance Trust Fund. "(D) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with benefits 42 USC 1395c. under part A of title XVIII of the Social Security Act shall be deposited in the Federal Hospital Insurance Trust Fund. "(E) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with benefits 42 USC 1395J. under part B of title XVIII of the Social Security Act shall be deposited in the Federal Supplementary Medical Insurance Trust Fund.

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100 STAT. 1947

"§ 3807. Right to administrative offset "(a) The amount of any penalty or assessment which has become final under section 3803 of this title, or for which a judgment has been entered under section 3805(e) or 3806 of this title, or any amount agreed upon in a settlement or compromise under section 3803(j) or 3806(f) of this title, may be collected by administrative offset under section 3716 of this title, except that an administrative offset may not be made under this subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the person liable for such penalty or assessment. "(b) All amounts collected pursuant to this section shall be remitted to the Secretary of the Treasury for deposit in accordance with section 3806(g) of this title.

31 USC 3807. Taxes. Ante, p. 1939. Ante, pp. 1944, 1^45.

"§ 3808. Limitations 31 USC 3808. "(a) A hearing under section 3803(d)(2) of this title with respect to a claim or statement shall be commenced within 6 years after the date on which such claim or statement is made, presented, or submitted. "(b) A civil action to recover a penalty or assessment under section 3806 of this title shall be commenced within 3 years after the date on which the determination of liability for such penalty or • t '; assessment becomes final. "(c) If at any time during the course of proceedings brought pursuant to this chapter the authority head receives or discovers any specific information regarding bribery, gratuities, conflict of interest, or other corruption or similar activity in relation to a false claim or statement, the authority head shall immediately report such information to the Attorney General, and in the case of an authority in which an Office of Inspector General is established by the Inspector General Act of 1978 or by any other Federal law, to 5 USC app. the Inspector General of that authority. "§ 3809. Regulations "Within 180 days after the date of enactment of this chapter, each authority head shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations ' shall—
 * 31 USC 3809.

i

"(1) ensure that investigating officials and reviewing officials are not responsible for conducting the hearing required in section 3803(f) of this title, making the determinations required by subsections (f) and (h) of section 3803 of this title, or making collections under section 3806 of this title; and "(2) require a reviewing official to include in any notice required by section 3803(a)(2) of this title a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable.

i•':i^^l^•"•i

?K».7

 * x

"§ 3810. Reports 31 USC 3810. "Not later than October 31 of each year, each authority head shall prepare and transmit to the appropriate committees and subcommittees of the Congress an annual report summarizing actions

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Ante, p. 1939.

31 USC 3811. 44 USC 3501 et s«9-

PUBLIC LAW 99-509—OCT. 21, 1986

taken under this chapter during the most recent 12-month period ending the previous September 30. Such report shall include— "(1) a summary of matters referred by the investigating official of the authority to the reviewing official of the authority under section 3803(a)(1) of this title during such period; "(2) a summary of matters transmitted to the Attorney General under section 3803(a)(2) of this title during such period; "(3) a summary of all hearings conducted by presiding officers under section 3803(f) of this title, and the results of such hearings, during such period; and "(4) a summary of the actions taken during such period to collect any civil penalty or assessment imposed under this chapter. "§ 3811. Effect on other law "(a) This chapter does not diminish the responsibility of any agency to comply with the provisions of chapter 35 of title 44. "(b) This chapter does not supersede the provisions of section 3512 of title 44.

"(c) For purposes of this section, the term 'agency' has the same meaning as in section 3502(1) of title 44. 31 USC 3812.

"§ 3812. Prohibition against delegation "Any function, duty, or responsibility which this chapter specifies be carried out by the Attorney General or an Assistant Attorney General designated by the Attorney General, shall not be delegated to, or carried out by, any other officer or employee of the Department of Justice.". Ob) TECHNICAL AMENDMENT.—The table of chapters for subtitle III of title 31, United States Code, is amended by inserting after the item relating to chapter 37 the following new item: "38. Administrative Remedies for False Claims and Statements

3801".

Ante, p. 1934.

(c) CONFORMING AMENDMENTS.—Section 5040t))(l)(C) of title 5, United States Code, is amended— (1) by striking out "and" before "(ii)"; and (2) by inserting before the semicolon a comma and "and (iii) any hearing conducted under chapter 38 of title 31".

31 USC 3801

SEC. 6104. EFFECTIVE DATE.

"°

This subtitle and the amendments made by this subtitle shall take effect on the date of enactment of this Act, and shall apply to any claim or statement made, presented, or submitted on or after such date.

TITLE VII—FISCAL PROCEDURES 2 USC 907 note.

2 USC 907.

SEC. 7001. COST-OF-LIVING BENEFITS.

ADJUSTMENTS

IN

CERTAIN

FEDERAL

(a) IN GENERAL.—Benefits which are payable in calendar year 1987, 1988, 1989, 1990, or 1991, under programs listed in section 257(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), including any cost-of-living adjustment in such benefits, shall not be subject to modification, suspension, or reduction in such calendar year pursuant to a Presidential order issued under such Act.

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(b) DEFINITION.—For purposes of this section, the term "cost-ofliving adjustment" means any increase or change in the amount of a benefit or in standards relating to such benefit under any provision of Federal law which requires such increase or change as a result of any change in the Consumer Price Index (or any component thereof) or any other index which measures costs, prices, or wages. SEC. 7002. EXEMPT PROGRAMS AND ACTIVITIES.

(a) IN GENERAL.—Section 255(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)) is amended by inserting after the item relating to Compensation of the President the following new item: "Dual benefits payments account (60-0111-0-1-601);". (b) APPLICATION.—The amendment made by subsection (a) shall 2 USC 905 note. apply to fiscal years beginning after September 30, 1986. SEC. 7003. COMPUTATION OF RETIREMENT ANNUITY FOR PART-TIME EMPLOYMENT.

(a)(1) Subsection (b) of section 15204 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272; 100 Stat. 335) 38 USC 4109. is repealed. (2) The provision of title 38, United States Code, that was repealed by such subsection is revived. (b) Subsection (c) of section 15204 of such Act is redesignated as 5 USC 8339 note. subsection (b). (c) This section is effective with respect to individuals who retire Effective date. 38 USC 4109 after September 19, 1986. note.

SEC. 7004. REVENUE SHARING PAYMENTS.

Notwithstanding section 6702(b) of title 31, United States Code, the Secretary of the Treasury shall make the installment payment of revenue sharing funds under chapter 67 of such title that is 31 USC 6701 et otherwise required to be paid on or before October 5, 1986, by no seq. later than September 30, 1986. SEC. 7005. HIGHER EDUCATION SAVINGS.

For the purpose of complying with the instructions set forth in the concurrent resolution on the budget for the fiscal year 1987 (S. Con, Res. 120, 99th Congress, agreed to June 27, 1986), the provisions of the bill, S. 1965, as passed by the House of Representatives on Ante, p. 1268. September 24, 1986, as passed by the Senate on September 25, 1986, and submitted to the President, shall be treated as if they were included in this Act. SEC. 7006. MISCELLANEOUS.

(a) Section 20001(d) of the Consolidated Omnibus Budget ReconciliAnte, p. 390. ation Act of 1985 is amended— (1) by striking out "(I)(A) above i f in paragraph (2) and inserting in lieu thereof "paragraph (I)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that"; (2) by striking out "it is designed to mitigate the" in clause (A of such paragraph and inserting in lieu thereof "the provision mitigates"; (3) by striking out "it" in clause (B) of such paragraph and inserting in lieu thereof "the provision"; and (4) by adding at the end thereof the following new paragraph.

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