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 100 STAT. 456

Records.

Law enforcement and crime.

18 USC 929.

18 USC 922.

PUBLIC LAW 99-308—MAY 19, 1986

tion, competitive use, or other sporting use of firearms in the community, and such location is in the State which is specified on the license. Records of receipt and disposition of firearms transactions conducted at such temporary location shall include the location of the sale or other disposition and shall be entered in the permanent records of the licensee and retained on the location specified on the license. Nothing in this subsection shall authorize any licensee to conduct business in or from any motorized or towed vehicle. Notwithstanding the provisions of subsection (a) of this section, a separate fee shall not be required of a licensee with respect to business conducted under this subsection. Any inspection or examination of inventory or records under this chapter by the Secretary at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. Nothing in this subsection shall be construed to authorize the Secretary to inspect or examine the inventory or records of a licensed importer, licensed manufacturer, or licensed dealer at any location other than the location specified on the license. Nothing in this subsection shall be construed to diminish in any manner any right to display, sell, or otherwise dispose of firearms or ammunition, which is in effect before the date of the enactment of the Firearms Owners' Protection Act.". SEC. 104. AMENDMENTS TO SECTION 924.

(a) IN GENERAL.—Section 924 of title 18, United States Code, is amended— (1) so that subsection (a) reads as follows: "(a)(1) Except as otherwise provided in paragraph (2) of this subsection, subsection (b) or (c) of this section, or in section 929, whoever— "(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter; "(B) knowingly violates subsection (a)(4), (a)(6), (f), (g), (i), (j). or (k) of section 922; "(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(1); or "(D) willfully violates any other provision of this chapter, shall be fined not more than $5,000, imprisoned not more than five years, or both, and shall become eligible for parole as the Parole Commission shall determine. "(2) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly— "(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or "(B) violates subsection (m) of section 922, shall be fined not more than $1,000, imprisoned not more than one year, or both, and shall become eligible for parole as the Parole Commission shall determine."; (2) in subsection (c)— (A) by inserting "(1)" before "Whoever,";

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(B) by striking out "violence" each place it appears and inserting in lieu thereof "violence or drug trafficking crime,"; (C) by inserting "or drug trafficking crime" before "in which the firearm was used or carried."; (D) in the first sentence, by striking out the period at the end and inserting in lieu thereof ", and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, to imprisonment for ten years."; (E) in the second sentence, by striking out the period at the end and inserting in lieu thereof ", and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, to imprisonment for twenty years."; and (F) by adding at the end the following: "(2) For purposes of this subsection, the term 'drug trafficking crime' means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). "(3) For purposes of this subsection the term 'crime of violence' means an offense that is a felony and— "(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or "(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."; (3) by amending subsection (d) to read as follows: "(d)(1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922(1), or knowing violation of section 924, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter: Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, the seized firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure. "(2)(A) In any action or proceeding for the return of firearms or ammunition seized under the provisions of this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor.

imports, 18 USC 922.

26 USC l et seq. 26 USC 5845.

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


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 100 STAT. 458

18 USC 924.

18 USC 922.

PUBLIC LAW 99-308—MAY 19, 1986

"(B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor. "(C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition. "(D) The United States shall be liable for attorneys' fees under this paragraph only to the extent provided in advance by appropriation Acts. "(3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are— "(A) any crime of violence, as that term is defined in section 924(c)(3) of this title; "(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); "(C) any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title; "(D) any offense described in section 922(d) of this title where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition; "(E) any offense described in section 922(i), 9220"), 922(1), 922(n), or 924(b) of this title; and "(F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition."; and (4) by adding at the end the following new subsection: "(e)(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g), and such person shall not be eligible for parole with respect to the sentence imposed under this subsection. "(2) As used in this subsection— "(A) the term 'robbery' means any crime punishable by a term of imprisonment exceeding one year and consisting of the taking of the property of another from the person or presence of another by force or violence, or by threatening or placing another person in fear that any person will imminently be subjected to bodily harm; and "(B) the term 'burglary' means any crime punishable by a term of imprisonment exceeding one year and consisting of

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100 STAT. 459

entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense.". (b) CONFORMING REPEAL.—Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. App. 1201 et seq.) is repealed. SEC. 105. AMENDMENTS TO SECTION 925.

Section 925 of title 18, United States Code, is amended— (1) in subsection (c)— (A) by striking out "has been convicted of a crime punishable by imprisonment for a term exceeding one year (other than a crime involving the use of a firearm or other weapon or a violation of this chapter or of the National Firearms Act)" and inserting in lieu thereof "is prohibited from 26 USC 5801. possessing, shipping, transporting, or receiving firearms or ammunition"; (B) by inserting "transportation," after "shipment,"; (C) by striking out "and incurred by reason of such conviction"; and (D) by inserting "Any person whose application for relief from disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice." after "the public interest."; and (2) in subsection (d)— (A) by striking out "may authorize" and inserting in lieu thereof "shall authorize"; (B) by striking out "the person importing or bringing in the firearm or ammunition establishes to the satisfaction of the Secretary that"; (C) in paragraph (3), by inserting before the semicolon ", except in any case where the Secretary has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled"; and (D) by striking out "may permit" and inserting in lieu thereof "shall permit". SEC. 106. AMENDMENTS TO SECTION 926.

Section 926 of title 18 of the United States Code is amended— (1) by inserting "(a)" before "The Secretary" the first place it occurs; (2) by inserting "only" after "prescribe"; (3) by striking out "as he deems reasonably" and inserting in lieu thereof "as are"; (4) by striking out the last sentence and inserting in lieu thereof "No such rule or regulation prescribed after the date of the enactment of the Firearms Owners' Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.

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 100 STAT. 460

18 USC 845.

PUBLIC LAW 99-308—MAY 19, 1986

Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation."; and (5) by adding at the end the following: "(b) The Secretary shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations. "(c) The Secretary shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.". SEC. 107. TRANSPORTATION OF FIREARMS.

18 USC 926A.

(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting between section 926 and section 927 the following new section: "§ 926A. Interstate transportation of firearms "Any person not prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport an unloaded, not readily accessible firearm in interstate commerce notwithstanding any provision of any legislation enacted, or any rule or regulation prescribed by any State or political subdivision thereof". (b) CLERICAL AMENDMENT.—The table of sections for chapter 44 of title 18, United States Code, is amended by inserting between the item relating to section 926 and the item relating to section 927 the following new item: "926A. Interstate transportation of firearms.". SEC. 108. AMENDMENTS TO SECTION 929.

Section 929(a) of title 18, United States Code, is amended— (1) by inserting "(1)" before "Whoever,"; (2) by striking out "violence" each place it appears and inserting in lieu thereof "violence or drug trafficking crime,"; and (3) by adding at the end the following: "(2) For purposes of this subsection, the term 'drug trafficking crime' means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).". SEC. 109. AMENDMENT OF NATIONAL FIREARMS ACT.

(a) Section 58450)) of the National Firearms Act (26 U.S.C. 5845(b)) is amended by striking out "any combination of parts designed and intended for use in converting a weapon into a machinegun," and inserting in lieu thereof "any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun,". (b) CONFORMING AMENDMENT.—Section 5845(a)(7) of the National Firearms Act (26 U.S.C. 5845(a)(7)) is amended to read "(7) any silencer (as defined in section 921 of title 18, United States Code);'. 18 USC 921 note.

SEC. 110. EFFECTIVE DATE.

(a) IN GENERAL.—The amendments made by this Act shall become effective one hundred and eighty days after the date of the enactment of this Act. Upon their becoming effective, the Secretary shall

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publish and provide to all licensees a compilation of the State laws and published ordinances of which licensees are presumed to have knowledge pursuant to chapter 44 of title 18, United States Code, as amended by this Act. All amendments to such State laws and published ordinances as contained in the aforementioned compilation shall be published in the Federal Register, revised annually. and furnished to each person licensed under chapter 44 of title 18, United States Code, as amended by this Act. (b) PENDING ACTIONS, PETITIONS, AND APPELLATE PROCEEDINGS.—

The amendments made by sections 103(6)(B), 105, and 107 of this Act shall be applicable to any action, petition, or appellate proceeding pending on the date of the enactment of this Act. (c) MACHINEGUN PROHIBITION.—Section 102(9) shall take effect on the date of the enactment of this Act. Approved May 19, 1986.

LEGISLATIVE HISTORY—S. 49 (H.R. 4332): HOUSE REPORTS: No. 99-495 accompanying H.R. 4332 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): June 24, July 9, considered and passed Senate. Vol. 132 (1986): Apr. 9, 10, H.R. 4332 considered and passed House; S. 49, amended, passed in lieu. May 6, Senate concurred in House amendments.

18 USC 921 et Register, publication.
 * ^9Federal

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 100 STAT. 462

PUBLIC LAW 99-309—MAY 20, 1986

Public Law 99-309 99th Congress Joint Resolution May 20, 1986 [S.J. Res. 337]

Designating May 18-24, 1986 as "Just Say No to Drugs Week".

Whereas America's youth are our Nation's most precious resource; Whereas young people are contributing to drug abuse prevention by starting "Just Say No" clubs and saying "no" to drugs; Whereas children across America will participate in a Walk Against Drugs on May 22; and Whereas America's youth should be recognized and encouraged for their efforts in the fight against drug abuse: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That in recognition of this Nation's young people to publicly fight drug abuse by just saying "no" to drugs and thereby contributing to the end of drug abuse in America, the President is directed to issue a proclamation designating the week of May 18, 1986, through May 24, 1986, as "Just Say No to Drugs Week", and calling on the people of the United States to observe this week with appropriate programs, ceremonies, and activities. Approved May 20, 1986.

LEGISLATIVE HISTORY—S.J. Res. 337: CONGRESSIONAL RECORD, Vol. 132 (1986): May 5, considered and peissed Senate. May 15, considered and passed House.

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 PUBLIC LAW 99-310—MAY 20, 1986

100 STAT. 463

Public Law 99-310 99th Congress Joint Resolution Designating the week beginning on May 11, 1986, as "National Asthma and Allergy Awareness Week".

Whereas asthma and allergic diseases result in physical, emotional, and economic hardship for more than thirty-five million Americans and their families; Whereas thousands of Americans, many of them young, die each year from asthma even though sufficient medical knowledge and resources exist to prevent many asthma-related deaths; Whereas student absenteeism is due in significant part to asthma and allergic diseases; Whereas environmental conditions in the workplace often cause or exacerbate asthma and allergic diseases among employees; Whereas many hospital patients suffer allergic reactions to prescribed medications; Whereas it is estimated that the American public pays $4,000,000,000 per year in medical bills directly attributable to the treatment and diagnosis of asthma and allergic diseases and pays another $2,000,000,000 per year as a result of the indirect social cost of such illnesses; Whereas, because of recent developments in the study of immunology, health care providers are better equipped to diagnose and treat asthma and allergic diseases; and Whereas increased public awareness of recent scientific advancements in the study of immunology will help dispel many of the common misconceptions concerning asthma, allergic diseases, and the victims of those illnesses: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on May 11, 1986, is hereby designated as "National Asthma and Allergy Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved May 20, 1986.

LEGISLATIVE HISTORY—H.J. Res. 427 (S.J. Res. 241): CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 30, considered and passed House. May 5, S.J. Res. 241 considered and passed Senate. May 15, H.J. Res. 427 considered and passed Senate.

May 20, 1986 [H.J. Res. 427]

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PUBLIC LAW 99-311—MAY 20, 1986

Public Law 99-311 99th Congress An Act May 20, 1986 [H.R. 1207]

31 USC 5111 note

Appropriation authorization, 31 USC 5111 note

81 USC 5111 note

To award a special gold medal to the family of Harry Chapin.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the President is authorized to present, on behalf of the Congress, to the family of Harry Chapin, a gold medal of appropriate design, in recognition of Harry Chapin's efforts to address issues of hunger around the world. (b) For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Effective October 1, 1985, there are authorized to be appropriated not to exceed $20,000 to carry out this section. SEC. 2. (a) The Secretary of the Treasury may cause duplicates in bronze of the medal provided for in the first section to be coined and sold under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. b) The appropriation used to carry out the first section shall be reimbursed out of the proceeds of such sales. SEC. 3. The medals provided for in this Act are national medals for the purpose of section 5111 of title 31, United States Code. Approved May 20, 1986.

LEGISLATIVE HISTORY—H.R. 1207: CONGRESSIONAL RECORD, Vol. 132 (1986): May 5, considered and passed House. May 8, considered and passed Senate.


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 PUBLIC LAW 99-312—MAY 20, 1986

100 STAT. 465

Public Law 99-312 99th Congress Joint Resolution To designate the week of June 1 through June 7, 1986, as "National Theatre Week".

Whereas many Americans have devoted much time and energy in advancing the cause of theatre; Whereas the theatres of America have pioneered the way for many performers and have given them their start in vaudeville and stage; Whereas theatre is brought to Americans through high schools, colleges and community theatre groups as well as through professional acting companies; Whereas citizens of America have been called upon to support the theatre arts in the Nation's interest; and Whereas many individuals and organizations are hailing the strength and vitality of the theatres of America: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of June 1 through June 7, 1986, shall be proclaimed as "National Theatre Week" throughout the country and that the President of the United States is authorized to issue a proclamation calling upon the citizens to support this effort with assistance to theatres throughout the country. Approved May 20, 1986.

LEGISLATIVE HISTORY—S.J. Res. 247: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 4, considered and passed Senate. May 7, considered and passed House.

-[S.J. Res. 247]

/ z / / ^

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 100 STAT. 466

PUBLIC LAW 99-313—MAY 20, 1986 Public Law 99-313 99th Congress Joint Resolution

May 20, 1986 [8.J. Res. 251]

To designate the week of May 11, 1986, through May 17, 1986, as "National Science Week, 1986".

Whereas science and technology are considered to be critical in the long-term economic development and international competitiveness of the Nation; Whereas the rate of scientific discovery and the application of high technologies have an immediate and profound impact on the quality of life; Whereas the scientific and technological leadership of the Nation continues to be challenged on an increasing basis from members of the international community; Whereas it is vital to build and maintain a highly dedicated and motivated workforce with scientific and technological skills; Whereas it is important that scientific research be made more interesting and accessible to youth as a potential career option; Whereas in order to take advantage of the opportunities and meet the challenges, the Nation must provide all citizens, particularly young people, with a quality educational experience in science and technology; Whereas it is in the national interest to stimulate and encourage the most talented and promising students to pursue careers in science and technology; and Whereas schools, universities, museums, the media, and professional, educational, and voluntary organizations, together with industry, labor, government, and private citizens, should be encouraged to work cooperatively to develop programs, events, and materials that will contribute to an increased public awareness of the importance of science and technology to the well-being and long-term prosperity of the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of May 11, 1986, through May 17, 1986, is designated as "National Science Week, 1986" and the President is authorized and requested to issue

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a proclamation calling upon the people of the United States to observe the week, with appropriate conferences, programs, ceremonies, and activities, including programs designed to further the awareness of all citizens, particularly the youth of the Nation, of the importance of science and technology. Approved May 20, 1986.

LEGISLATIVE HISTORY—S.J. Res. 251: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 21, considered and passed Senate. May 13, considered and passed House.

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 100 STAT. 468

PUBLIC LAW 99-314-MAY 20, 1986

Public Law 99-314 99th Congress Joint Resolution May 20, 1986 [S.J. Res. 323]

To designate May 21, 1986, as "National Andrei Sakharov Day".

Whereas Andrei Sakharov has earned world-wide admiration and respect for his courageous and energetic efforts to secure fundamental human freedoms for the peoples of the Soviet Union, including those rights guaranteed in the Final Act of the Conference on Security and Cooperation in Europe signed at Helsinki, Finland on August 1, 1975; Whereas Andrei Sakharov has been awarded the 1975 Nobel Peace Prize for "his love of truth and strong belief in the inviolability of human beings... his courageous defense of the human spirit..." and for his life which has made him "the conscience of mankind"; Whereas Andrei Sakharov, due to his selfless work for human rights and world peace, has been illegally banished by the Government of the Union of Soviet Socialist Republics to the closed city of Gorky, where on May 21, 1986, he will spend his sixty-fifth birthday in almost total isolation; Whereas Andrei Sakharov has been subjected to cruel and unusual medical procedures by the Soviet authorities when he conducted hunger strikes to protest repeated denials of his wife's, Elena Bonner's, request to be permitted to go to the West for medical treatment; Whereas the Government of the Union of Soviet Socialist Republics has undertaken extraordinary measures, including confiscation of personal and professional correspondence and intensive physical and electronic surveillance, to isolate Andrei Sakharov and Elena Bonner in Gorky; Whereas the Soviet Union as signatory to the Universal Declaration of Human Rights has committed itself to respect the rights to freedom of movement and of residence within the borders of each state as well as the right to leave one's own country and return to it; Whereas the Soviet Union and other signatories of the Helsinki Final Act stated their desire "to contribute to the strengthening of peace and understanding among peoples and to the spiritual enrichment of the human personality" and were "conscious that... contacts between people, and the solution of humanitarian problems will contribute to the attainment of these aims," further made it their objective "to facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organizations of the participating states, and to contribute to the solution of the humanitarian problems that arise in that connexion"; Whereas the participating states of the Helsinki Final Act are convened in Bern, Switzerland, at the Human Contacts Experts Meeting inter alia to discuss implementation of those Helsinki Final Act provisions concerning the resolution in a positive and

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100 STAT. 469

humanitarian spirit questions related to family visits, the reunification of families, binational marriage and promotion of other personal and professional contacts between people and between organizations; and Whereas Andrei Sakharov continues to advocate full compliance by all signatory states with the provisions of the Helsinki Final Act and the Universal Declaration of Human Rights: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That May 21, 1986, is designated "National Andrei Sakharov Day" and that the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities. SEC. 2. The President of the United States is authorized and requested to urge the Government of the Union of Soviet Socialist Republics to permit Andrei Sakharov and Elena Bonner freely to choose their place of residence. Approved May 20, 1986.

LEGISLATIVE HISTORY—S.J. Res. 323: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, considered and passed Senate. May 12, considered and passed House.

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 100 STAT. 470

PUBLIC LAW 99-315—MAY 21, 1986

Public Law 99-315 99th Congress An Act —'[H.R. 4767]

Rivers and harbors.

To deauthorize the project for improvements at Racine Harbor, Wisconsin. i' J f

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the project for improvements at Racine Harbor, Wisconsin, authorized by section 2 of the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved March 2, 1907 (34 Stat. 1075, 1100), is not authorized after the date of the enactment of this Act. (b) The Secretary of the Army, acting through the Chief of Engineers, shall transfer without consideration to Racine County, Wisconsin, title to any facilities constructed by the United States as part of the project described in subsection (a). Approved May 21, 1986.

LEGISLATIVE HISTORY—H.R. 4767: CONGRESSIONAL RECORD, Vol. 132 (1986): May 8, considered and passed House. May 12, considered and passed Senate.

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 PUBLIC LAW 99-316—MAY 21, 1986

100 STAT. 471

Public Law 99-316 99th Congress Joint Resolution Designating the week of May 26, 1986, through June 1, 1986, as "Older Americans Melanoma/Skin Cancer Detection and Prevention Week".

Whereas skin cancer, including melanoma and nonmelanoma types, is the most common cancer in the United States, accounts for between 30 and 40 per centum of all cancers, and is increasing at a significant rate; Whereas the incidence of skin cancer increases throughout adult life, the highest age-specific incidence rates for melanoma and other skin cancers occur in the United States population over the age of fifty years; Whereas specific causes for the prevalence of the disease in this population are not entirely known, and more research is required on the causes, it is nevertheless clear that early detection and early treatment of melanoma and nonmelanoma skin cancers result in high cure rates; Whereas older Americans should become aware that melanoma and nonmelanoma skin cancers are major health problems, and education about detection and prevention of such cancers should become a national concern; Whereas the American Academy of Dermatology and State and local dermatologic organizations are committed to heightening the awareness and understanding of melanoma and nonmelanoma skin cancers among older Americans; and Whereas the Second Annual National Melanoma and Skin Cancer Detection and Prevention Program, a coordinated national voluntary effort of professional dermatologic organizations to reduce the increasing incidence of melanoma and nonmelanoma skin cancers and to better control such cancers, will occur during the week of May 26, 1986, through June 1, 1986: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of May 26, 1986, through June 1, 1986, is designated as "Older Americans Melanoma/Skin Cancer Detection and Prevention Week", and the President is authorized and requested to issue a proclamation calling upon all Government agencies and the people of the United States to observe the week with appropriate programs and activities. Approved May 21, 1986.

LEGISLATIVE HISTORY—S.J. Res. 267: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 21, considered and passed Senate. May 7, considered and passed House.

May 21, 1986 [S.J. Res. 267]

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 100 STAT. 472

PUBLIC LAW 99-317—MAY 23, 1986

Public Law 99-317 99th Congress Joint Resolution May 23, 1986 [H.J. Res. 234]

Designating the week of May 18, 1986, through May 24, 1986, as "National Food Bank Week".

Whereas substantial evidence indicates that poverty in the United States has risen in recent years, with the Census Bureau reporting that 35,500,000 people currently live below the poverty line, the greatest such number in over 15 years; Whereas the correlation between poverty and hunger has been demonstrated in national, State, and local studies; Whereas an estimated 20,000,000 people in the United States periodically go hungry; Whereas non-profit food banks all over the United States are witnessing an increasing demand for food from families, children, the elderly, unemployed workers, and the homeless; Whereas, despite such increasing demand, food banks are meeting the challenge of collecting surplus food which would otherwise be wasted and distributing it to food kitchens, day care centers, homes for the elderly, halfway houses, church-operated meal programs, and needy families; Whereas Second Harvest has become the nationally recognized leader and pioneer of food banking, has forged a successful working relationship with the Nation's food and transportation industries, and has obtained voluntary private sector response to the needs of the Nation's hungry; Whereas Second Harvest succeeded in working with over 250 national companies to distribute over 100,000,000 pounds of food products through its member food banks during 1985; Whereas from May 18, 1986, through May 22, 1986, Second Harvest is holding its national conference to bring together its member food banks, affiliated food banks, and food industry representatives to focus attention on the growing food needs of people in the United States; and Whereas Second Harvest, its members, and other food banks all over the United States deserve commendation for their work with private sector and non-profit organizations to help feed the Nation's hungry: Now, therefore, be it

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100 STAT. 473

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of May 18, 1986, through May 24, 1986, is designated as "National Food Bank Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved May 28, 1986.

LEGISLATIVE HISTORY—H.J. Res. 234: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 14, considered and passed House. May 15, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): May 23, Presidential statement.

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 100 STAT. 474

PUBLIC LAW 99-318—MAY 23, 1986

Public Law 99-318 99th Congress An Act ^—'[S. 8]

Corporations.

To grant a Federal charter to the Vietnam Veterans of America, Inc.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER

36 USC 3801.

SECTION 1. The Vietnam Veterans of America, Inc., a nonprofit corporation organized under the laws of the State of New York, is hereby recognized as such and is granted a charter. CORPORATE POWERS

36 USC 3802.

SEC. 2. The Vietnam Veterans of America, Inc. (hereinafter in this Act referred to as the "corporation"), shall have only those powers granted to it through its articles of incorporation filed in the State in which it is incorporated and its constitution and bylaws, and subject to the laws of such State. OBJECTS AND PURPOSES OF CORPORATION

36 USC 3803.

SEC: 3. The objects and purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws and include a commitment to— (1) uphold and defend the Constitution of the United States; (2) foster the improvement of the condition of Vietnam-era veterans; (3) promote the social welfare (including educational, economic, social, physical, and cultural improvement) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence and usefulness of Vietnam-era veterans and other veterans; (4) improve conditions for Vietnam-era veterans and develop channels of communication to assist Vietnam-era veterans; (5) conduct and publish research, on a nonpartisan basis, pertaining to the relationship between Vietnam-era veterans and the American society, to the Vietnam war experience, to the role of the United States in securing peaceful coexistence for the world community, and to other matters which affect the educational, economic, social, physical, or cultural welfare of Vietnam-era veterans and other veterans and the families of such veterans; (6) assist disabled Vietnam-era veterans and other veterans in need of assistance and the dependents and survivors of such veterans; and (7) consecrate the efforts of the members of the corporation and Vietnam-era veterans generally to mutual helpfulness and service to their country.

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SERVICE OF PROCESS

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

36 USC 3804.

MEMBERSHIP

SEC. 5. Except as provided in section 8, eligibility for membership 36 USC 3805. in the corporation and the rights and privileges of members shall be as provided in the constitution and bylaws of the corporation. BOARD OF DIRECTORS

SEC. 6. Except as provided in section 8, the board of directors of 36 USC 3806. the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the State in which it is incorporated. OFFICERS

SEC. 7. Except as provided in section 8, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the State in which it is incorporated.

36 USC 3807.

NONDISCRIMINATION

SEC. 8. In establishing the conditions of membership in the cor- 36 USC 3808. poration and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. RESTRICTIONS ON CORPORATE POWERS

SEC. 9. (a) No part of the income or assets of the corporation shall 36 USC 3809. inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (d) The corporation shall not claim congressional approval or Federal Government authority by virtue of this Act for any of its activities. LIABILITY FOR ACTS OF OFFICERS AND AGENTS

SEC. 10. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

36 USC 3810.

BOOKS AND RECORDS; INSPECTION

SEC. 11. The corporation shall keep correct and complete books 36 USC 3811. and records of accounts and shall keep minutes of any proceeding of

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PUBLIC LAW 99-318—MAY 23, 1986

the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote. All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. AUDIT OF FINANCIAL TRANSACTIONS

SEC. 12. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by inserting after paragraph (71) the following new paragraph: "(72) The Vietnam Veterans of America, Inc.". ANNUAL REPORT

36 USC 3812.

SEC. 13. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit of the corporation required by section 2 of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1102). The report shall not be printed as a public document. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER

36 USC 3813.

SEC. 14. The right to alter, amend, or repeal this charter is expressly reserved to the Congress. DEFINITION OF "STATE"

36 USC 3814.

SEC. 15. For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and each of the territories and possessions of the United States. TAX-EXEMPT STATUS

36 USC 3815.

SEC. 16. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code

26 USC 1 et seq.

of 1954. EXCLUSIVE RIGHT TO NAMES

36 USC 3816.

SEC. 17. The corporation shall have the sole and exclusive right to use the name "The Vietnam Veterans of America, Inc.", "Vietnam Veterans of America, Inc.", and "Vietnam Veterans of America",

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and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing in this section shall be construed to interfere or conflict with established or vested rights. FAILURE TO COMPLY WITH RESTRICTIONS OR PROVISIONS

SEC. 18. If the corporation shall fail to comply with any of the 36 USC 3817. restrictions or provisions of this Act, the charter granted by this Act shall expire. Approved May 28, 1986.

LEGISLATIVE HISTORY—S. 8 (H.R. 512): HOUSE REPORTS: No. 99-591 accompanying H.R. 512 (Comm. on the Judiciary). SENATE REPORTS: No. 99-268 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 8, 9, considered and passed Senate. May 12, H.R. 512 considered and passed House; proceedings vacated and S. 8 passed in lieu. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): May 23, Presidential statement.

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 100 STAT. 478

PUBLIC LAW 99-319—MAY 23, 1986

Public Law 99-319 99th Congress An Act May 23, 1986 [S. 974] Protection and Advocacy for Mentally 111 Individuals Act of 1986. 42 USC 10801 note.

To provide for protection and advocacy for mentally ill individuals, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Protection and Advocacy for Mentally 111 Individuals Act of 1986". TITLE I—PROTECTION AND ADVOCACY SYSTEMS PART A—ESTABLISHMENT OP SYSTEMS FINDINGS AND PURPOSE

42 USC 10801.

State and local governments.

SEC. 101. (a) The Congress finds that— (1) mentally ill individuals are vulnerable to abuse and serious injury; (2) mentally ill individuals are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and (3) State systems for monitoring compliance with respect to the rights of mentally ill individuals vary widely and are frequently inadequate. (b) The purposes of this Act are— (1) to ensure that the rights of mentally ill individuals are protected; and (2) to assist States to establish and operate a protection and advocacy system for mentally ill individuals which will— (A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and (B) investigate incidents of abuse and neglect of mentally ill individuals if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred. DEFINITIONS

42 USC 10802.

SEC. 102. For purposes of this title: (1) The term "abuse" means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury to a mentally ill individual, and includes acts such as— (A) the rape or sexual assault of a mentally ill individual; (B) the striking of a mentally ill individual; (C) the use of excessive force when placing a mentally ill individual in bodily restraints; and

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(D) the use of bodily or chemical restraints on a mentally ill individual which is not in compliance with Federal and State laws and regulations. (2) The term "eligible system" means the system established in a State to protect and advocate the rights of persons with developmental disabilities under part C of the Developmental Disabilities Assistance and Bill of Rights Act. (3) The term "mentally ill individual" means an individual— (A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and (B) who is an inpatient or resident in a facility rendering care or treatment. (4) The term "neglect" means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury to a mentally ill individual or which placed a mentally ill individual at risk of injury, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a mentally ill individual, the failure to provide adequate nutrition, clothing, or health care to a mentally ill individual, or the failure to provide a safe environment for a mentallv ill individual. (5) The term "Secretary means the Secretary of Health and Human Services. (6) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

42 USC 6061.

ALLOTMENTS

SEC. 103. The Secretary shall make allotments under this title to eligible systems to establish and administer systems— (1) which meet the requirements of section 105; and (2) which are designed to— (A) protect and advocate the rights of mentally ill individuals; and (B) investigate incidents of abuse and neglect of mentally ill individuals if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.

42 USC 10803.

USE OF ALLOTMENTS

SEC. 104. (a)(1) An eligible system may use its allotment under this title to enter into contracts with State agencies and nonprofit organizations which operate throughout the State. In order to be eligible for a contract under this paragraph— (A) such an agency shall be independent of any agency which provides treatment or services (other than advocacy services) to mentally ill individuals; and (B) such an agency or organization shall have the capacity to protect and advocate the rights of mentally ill individuals. (2) In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations which, on the date of enactment of this Act, provide protection or advocacy services to mentally ill individuals.

contracts. State and local governments. 42 USC 10804.

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PUBLIC LAW 99-319—MAY 23, 1986

(b)(l) If an eligible system is a public entity, the government of the State in which the system is located may not require the system to obligate more than 5 percent of its allotment under this title in any fiscal year for administrative expenses. (2) An eligible system may not use more than 5 percent of any allotment under this title for any fiscal year for the costs of providing technical assistance and training to carry out this title. SYSTEM REQUIREMENTS

State and local governments. 42 USC 10805.

42 USC 1396.

SEC. 105. (a) A system established in a State under section 103 to protect and advocate the rights of mentally ill individuals shall— (1) have the authority to— (A) investigate incidents of abuse and neglect of mentally ill individuals if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred; (B) pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are receiving care or treatment in the State; and (C) pursue administrative, legal, and other remedies on behalf of an individual who— (i) was a mentally ill individual; and (ii) is a resident of the State, but only with respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care or treatment; (2) be independent of any agency in the State which provides treatment or services (other than advocacy services) to mentally ill individuals; (3) have access to facilities in the State providing care or treatment; (4) in accordance with section 106, have access to all records of— (A) any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access; and (B) any individual— (i) who by reason of the mental or physical condition of such individual is unable to authorize the system to have such access; (ii) who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the State; and (iii) with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe that such individual has been subject to abuse or neglect; (5) have an arrangement with the Secretary and the agency of the State which administers the State plan under title XIX of the Social Security Act for the furnishing of the information required by subsection (b); (6) establish a board— (A) which will advise the system on policies and priorities to be carried out in protecting and advocating the rights of mentally ill individuals; and

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34 at certain seasons, and sweeping masses of gravel and loose rock into the valleys below, apt to render them incapable of cultivation, while on the mountain sides the forests once destroyed would in most cases never grow up again. Measures instituted at the beginning of this administration to discourage and lessen such evil practices by bringing large depredators to punishment and seizing quantities of timber taken from the public lands for mercantile purposes, were at first received with widespread discontent and opposition.

Gradually the wisdom of the policy which dictated such measures began to be recognized even in many of the districts where the operations of this department had taken place. In every one of my reports I urged this important subject upon the attention of Congress and the country, and now it may be observed that there is scarcely a responsible journal in the United States that has not during the last two years from time to time published articles on the injury inflicted upon the country by rapid and indiscriminate destruction of its forests and the necessity of preserving a fair proportion of them. Many letters from the Western States and Territories are coming to this department, urgently asking that existing evils in this respect be remedied by proper changes in the laws. While this wholesome sentiment upon this important question is rapidly growing up, I regret to say that in spite of the repeated recommendation of the passage of a law to facilitate the prevention of the wasteful devastation of the public timber-lands, and to enable the government to dispose of timber to settlers and miners, as well as for legitimate mercantile purposes under such regulations as would prevent the indiscriminate and permanent destruction of our forests, almost all the legislation that has been had upon this subject consisted in acts relieving those who had committed depredations in the past of their responsibility, and protecting them against the legal consequences of their trespasses. Such laws authorizing the composition of past offenses, might not have appeared objectionable in themselves had they been accompanied by other legislation regulating the cutting of timber on the public lands or the selling of timber from them in such a manner as to render possible at the same time the preservation of such a proportion of the forests as appears necessary for the public good; but without such additional provisions they constituted only an encouragement to trespassers, inasmuch as they were apt to encourage the hope that at a future time similar acts condoning their offenses would be passed. In the absence of the desired legislation nothing remained to this department but to make every possible effort even under such discouraging circumstances, at least to limit the extent of the work of lawless and dangerous destruction, as far as it could be done by executive action with the small means at our disposal.

When I took charge of the Interior Department the only regulation with regard to this subject then in force consisted in a general circular issued on the 24th of December, 1855, by the then Commissioner of the


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(B) which sheill include attorneys, mental health professionals, individuals from the public who are knowledgeable about mental illness, a provider of mental health services, individuals who have received or are receiving mental health services, and family members of such individuals, and at least one-half the membership of which shall be comprised of individuals who have received or are receiving mental health services or who are family members of such individuals; and (7) on January 1, 1987, and January 1 of each succeeding year, prepare and transmit to the Secretary and the head of the State mental health agency of the State in which the system is located a report describing the activities, accomplishments, and expenditures of the system during the most recently completed fiscal year. (b) The Secretary and the agency of a State which administers its State plan under title XIX of the Social Security Act shall provide the eligible system of the State with a copy of each annual survey report and plan of corrections for cited deficiencies made pursuant to titles XVIII and XIX of the Social Security Act with respect to any facility rendering care or treatment to mentally ill individuals in the State in which such system is located. A report or plan shall be made available within 30 days after the completion of the report or plan.

Reports.

42 USC 1396.

42 USC 1395. Reports.

ACCESS TO RECORDS

SEC. 106. (a) An eligible system which, pursuant to section 105(a)(4), has access to records which, under Federal or State law, are required to be maintained in a confidential manner by a provider of mental health services, shall, except as provided in subsection (b), maintain the confidentiality of such records to the same extent as is required of the provider of such services. (b)(1) Except as provided in paragraph (2), an eligible system which has access to records pursuant to section 105(a)(4) may not disclose information from such records to the individual who is the subject of the information if the mental health professional responsible for supervising the provision of mental health services to such individual has provided the system with a written determination that disclosure of such information to such individual would be detrimental to such individual's health. (2)(A) If disclosure of information has been denied under paragraph (1) to an individual— (i) such individual; (ii) the legal guardian, conservator, or other legal representative of such individual; or (iii) an eligible system, acting on behalf of an individual described in subparagraph (B), may select another mental health professional to review such information and to determine if disclosure of such information would be detrimental to such individual's health. If such mental health professional determines, based on professional judgment, that disclosure of such information would not be detrimental to the health of such individual, the system may disclose such information to such individual. (B) An eligible system may select a mental health professional under subparagraph (A)(iii) on behalf of— (i) an individual whose legal guardian is the State; or

71-194 0 - 89 - 18: QL 3 Part i

State and local governments. Classified information. 42 USC 10806.

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PUBLIC LAW 99-319—MAY 23, 1986

(ii) an individual who has a legal guardian, conservator, or other legal representative other than the State if such guardian, conservator, or representative does not, within a reasonable time after such individual is denied access to information under paragraph (1), select a mental health professional under subparagraph (A) to review such information. (C) If the laws of a State prohibit an eligible system from obtaining access to the records of mentally ill individuals in accordemce with section 105(a)(4) and this section, section 105(a)(4) and this section shall not apply to such S3rstem before— (i) the date such system is no longer subject to such a prohibition; or (ii) the expiration of the 2-year period beginning on the date of the enactment of this Act, whichever occurs first. LEGAL ACTIONS State and local governments. Contracts. 42 USC 10807.

SEC. 107. (a) Prior to instituting any legal action in a Federal or State court on behalf of a mentally ill individual, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 104(a), shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action. (b) Subsection (a) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a mentally ill individual. PART B—ADMINISTRATIVE PROVISIONS APPLICATIONS

42 USC 10821. State and local governments.

State and local governments. Contracts.

SEC. 111. NO allotment may be made under this title to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain— (1) assurances that amounts paid to such system from an allotment under this title will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of mentally ill individuals; (2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to mentally ill individuals; (3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 104(a), will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and (4) such other information as the Secretary may by regulation prescribe.

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ALLOTMENT FORMULA AND REALLOTMENTS

SEC. 112. (a)(l)(A) Except as provided in paragraph (2) and subject to the availability of appropriations under section 117, the Secretary shall make allotments under section 103 from amounts appropriated under section 117 for a fiscal year to eligible systems on the basis of a formula prescribed by the Secretary which is based equally— (i) on the population of each State in which there is an eligible system; and (ii) on the population of each such State weighted by its relative per capita income. (B) For purposes of subparagraph (A)(ii), the term "relative per capita income" means the quotient of the per capita income of the United States and the per capita income of the State, except that if the State is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or the Virgin Islands, the quotient shall be considered to be one. (2) Notwithstanding paragraph (1) and subject to the availability of appropriations under section 117— (A) the amount of the allotment of the eligible system of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico shall not be less than $125,000; and (B) the amount of the allotment of the eligible system of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands shall not be less than $67,000. OaXD To the extent that all the amounts appropriated under section 117 for a fiscal year are not allotted to eligible systems because— (A) one or more eligible systems have not submitted an application for an allotment for such fiscal year; or (B) one or more eligible systems have notified the Secretary that they do not intend to use the full amount of their allotment, the amount which is not so allotted shall be reallotted among the remaining eligible systems. (2) The amount of an allotment to an eligible system for a fiscal year which the Secretary determines will not be required by the system during the period for which it is available shall be available for reallotment by the Secretary to other eligible systems with respect to which such a determination has not been made. (3) The Secretary shall make reallotments under paragraphs (1) and (2) on such date or dates as the Secretary may fix 0)ut not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make such reallotment in the Federal Register). A reallotment to an eligible system shall be made in proportion to the original allotment of such system for such fiscal year, but with such proportionate amount for such system being reduced to the extent it exceeds the sum the Secretary estimates such system needs and will be able to use during such period. The total of such reductions shall be similarly reallotted among eligible systems whose proportionate amounts were not so reduced. Any amount so reallotted to an eligible system for a fiscal year shall be deemed to be a part of its allotment under subsection (a) for such fiscal year.

42 USC 10822.

District of Columbia. Puerto Rico. Guam. American Samoa. Northern Mariana Islands. Trust Territory of the Pacific Islands. Virgin Islands.

Federal Register, publication.

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 100 STAT. 484

PUBLIC LAW 99-319—MAY 23, 1986 PAYMENTS UNDER ALLOTMENTS

42 USC 10823.

SEC. 113. For each fiscal year, the Secretary shall make payments to each eligible system from its allotment under this title. Any amount paid to an eligible system for a fiscal year and remaining unobligated at the end of such year shall remain available to such system for the next fiscal year for the purposes for which it was made. REPORTS BY THE SECRETARY

42 USC 10824. 42 USC 6006.

SEC. 114, (a) The Secretary shall include in each report required under section 107(c) of the Developmental Disabilities Assistance and Bill of Rights Act a separate statement which contains— (1) a description of the activities, accomplishments, and expenditures of systems to protect and advocate the rights of mentally ill individuals supported with payments from allotments under this title, including— (A) a specification of the total number of mentally ill individuals served by such systems; (B) a description of the types of activities undertaken by such systems; (C) a description of the t3rpes of facilities providing care or treatment with respect to which such activities are undertaken; (D) a description of the manner in which such activities are initiated; and (E) a description of the accomplishments resulting from such activities; (2) a description of— (A) systems to protect and advocate the rights of mentally ill individuals supported with payments from allotments under this title; (B) activities conducted by States to protect and advocate such rights; (C) mechanisms established by residential facilities for mentally ill individuals to protect and advocate such rights; and (D) the coordination among such systems, activities, and mechanisms; (3) a specification of the number of systems established with allotments under this title and of whether each such system was established by a public or nonprofit private entity; and (4) recommendations for activities and services to improve the protection and advocacy of the rights of mentally ill individuals and a description of needs for such activities and services which have not been met by systems established under this title. (b) In preparing each statement required by subsection (a), the Secretary shall use and include information submitted to the Secretary in the reports required under section 105(a)(7). TECHNICAL ASSISTANCE

42 USC 10825.

SEC. 115. The Secretary shall provide technical assistance to eligible systems with respect to activities carried out under this title.

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ADMINISTRATION

SEC. 116. The Secretary shall carry out this title through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration.

42 USC 10826.

AUTHORIZATION OF APPROPRIATIONS

SEC. 117. For allotments under this title, there are authorized to 42 USC 10827. be appropriated $10,000,000 for fiscal year 1986, $10,500,000 for fiscal year 1987, and $11,025,000 for fiscal year 1988. TITLE II—RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH PATIENTS RESTATEMENT OF BILL OF RIGHTS

SEC. 201. It is the sense of the Congress that, as previously stated in title V of the Mental Health Systems Act, each State should review and revise, if necessary, its laws to ensure that mental health patients receive the protection and services they require, and that in making such review and revision, States should take into account the recommendations of the President's Commission on Mented Health and the following: (1) A person admitted to a program or facility for the purpose of receiving mental health services should be accorded the following: (A) The right to appropriate treatment and related services in a setting and under conditions that— (i) are the most supportive of such person's personal liberty; and (ii) restrict such liberty only to the extent necessary consistent with such person's treatment needs, applicable requirements of law, and applicable judicial orders. (B) The right to an individualized, written, treatment or service plan (such plan to be developed promptly after admission of such person), the right to treatment based on such plan, the right to periodic review and reassessment of treatment and related service needs, and the right to appropriate revision of such plan, including any revision necessary to provide a description of mental health services that may be needed after such person is discharged from such program or facility. (C) The right to ongoing participation, in a manner appropriate to such person's capabilities, in the planning of mental health services to be provided such person (including the right to participate in the development and periodic revision of the plan described in subpars^aph (B)), and, in connection with such participation, the right to be provided with a reasonable explanation, in terms and language appropriate to such person's condition and ability to understand, of— (i) such person's general mental condition and, if such program or facility has provided a physical examination, such person's general physical condition; (ii) the objectives of treatment;

State and local governments. 42 USC 10841. 42 USC 9501.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/522

 100 STAT. 486

Classified information. Classified information.

PUBLIC LAW 99-319—MAY 23, 1986 (iii) the nature and significant possible adverse effects of recommended treatments; (iv) the reasons why a particular treatment is considered appropriate; (v) the reasons why access to certain visitors may not be appropriate; and (vi) any appropriate and available alternative treatments, services, and types of providers of mental health services. (D) The right not to receive a mode or course of treatment, established pursuant to the treatment plan, in the absence of such person's informed, voluntary, written consent to such mode or course of treatment, except treatment— (i) during an emergency situation if such treatment is pursuant to or documented contemporaneously by the written order of a responsible mental health professional; or (ii) as permitted under applicable law in the case of a person committed by a court to a treatment program or facility. (E) The right not to participate in experimentation in the absence of such person's informed, voluntary, written consent, the right to appropriate protections in connection with such participation, including the right to a reasonable explanation of the procedure to be followed, the benefits to be expected, the relative advantages of alternative treatments, and the potential discomforts and risks, and the right and opportunity to revoke such consent. (F) The right to freedom from restraint or seclusion, other than as a mode or course of treatment or restraint or seclusion during an emergency situation if such restraint or seclusion is pursuant to or documented contemporaneously by the written order of a responsible mental health professional. (G) The right to a humane treatment environment that affords reasonable protection from harm and appropriate privacy to such person with regard to personal needs. (H) The right to confidentiality of such person's records. (I) The right to access, upon request, to such person's mental health care records, except such person may be refused access to— (i) information in such records provided by a third party under assurance that such information shall remain confidential; and (ii) specific material in such records if the health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to such person's health, except that such material may be made available to a similarly licensed health professional selected by such person and such health professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained in such material to such person.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/523

 PUBLIC LAW 99-319—MAY 23, 1986

100 STAT. 487

(J) The right, in the case of a person admitted on a residential or inpatient care basis, to converse with others privately, to have convenient and reasonable access to the telephone and mails, and to see visitors during regularly scheduled hours, except that, if a mental health professional treating such person determines that denial of access to a particular visitor is necessary for treatment purposes, such mental health professional may, for a specific, limited, and reasonable period of time, deny such access if such mental health professional has ordered such denial in writing and such order has been incorporated in the treatment plan for such person. An order denying such access should include the reasons for such denial. (K) The right to be informed promptly at the time of admission and periodically thereafter, in language and terms appropriate to such person's condition and ability to understand, of the rights described in this section. (L) The right to assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure provided for or by the program or facility. (M) Notwithstanding subparagraph (J), the right of access to (including the opportunities and facilities for private communication with) any available— (i) rights protection service within the program or facility; (ii) rights protection service within the State mental health system designed to be available to such person; (iii) system established under title I to protect and Ante, p. 478. advocate the rights of mentally ill individuals; and (iv) qualified advocate; for the purpose of receiving assistance to understand, exercise, and protect the rights described in this section and in other provisions of law. (N) The right to exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate, available treatment. (O) The right to referral as appropriate to other providers of mental health services upon discharge. (2)(A) The rights described in this section should be in addition to and not in derogation of any other statutory or constitutional rights. (B) The rights to confidentiality of and access to records as Classified provided in subparagraphs (H) and (I) of paragraph (1) should information. remain applicable to records pertaining to a person after such person's discharge from a program or facility. (3)(A) No otherwise eligible person should be denied admission to a program or facility for mental health services as a reprisal for the exercise of the rights described in this section. (B) Nothing in this section should— (i) obligate an individual mental health or health professional to administer treatment contrary to such professional's clinical judgment; (ii) prevent any program or facility from discharging any person for whom the provision of appropriate treatment, consistent with the clinical judgment of the mental health

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Page:United States Statutes at Large Volume 100 Part 1.djvu/524

 100 STAT. 488

Classified information.

PUBLIC LAW 99-319—MAY 23, 1986 professional primarily responsible for such person's treatment, is or has become impossible as a result of such person's refusal to consent to such treatment; (iii) require a program or facility to admit any person who, while admitted on prior occasions to such program or facility, has repeatedly frustrated the purposes of such admissions by withholding consent to proposed treatment; or (iv) obligate a program or facility to provide treatment services to any person who is admitted to such program or facility solely for diagnostic or evaluative purposes. (C) In order to assist a person admitted to a program or facility in the exercise or protection of such person's rights, such person's attorney or legal representatives should have reasonable access to— (i) such person; (ii) the areas of the program or facility where such person has received treatment, resided, or had access; and (iii) pursuant to the written authorization of such person, the records and information pertaining to such person's diagnosis, treatment, and related services described in paragraph (1)(I). (D) Each program and facility should post a notice listing and describing, in language and terms appropriate to the ability of the persons to whom such notice is addressed to understand, the rights described in this section of all persons admitted to such program or facility. Each such notice should conform to the format and content for such notices, and should be posted in all appropriate locations. (4)(A) In the case of a person adjudicated by a court of competent jurisdiction as being incompetent to exercise the right to consent to treatment or experimentation described in subparagraph (D) or (E) of paragraph (1), or the right to confidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide authorization as described in paragraph (3)(C)(iii), such right may be exercised or such authorization may be provided by the individual appointed by such court as such person's guardian or representative for the purpose of exercising such right or such authorization. (B) In the case of a person who lacks capacity to exercise the right to consent to treatment or experimentation under subparagraph (D) or (E) of paragraph (1), or the right to confidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide authorization as described in paragraph (3)(C)(iii), because such person has not attained an age considered sufficiently advanced under State law to permit the exercise of such right or such authorization to be legally binding, such right may be exercised or such authorization may be provided on behalf of such person by a parent or legal guardian of such person. (C) Notwithstanding subparagraphs (A) and (B), in the case of a person admitted to a program or facility for the purpose of receiving mental health services, no individual employed by or receiving any remuneration from such program or facility should act as such person's guardian or representative.

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text: The Yellow Book/Volume 6/A Song

title: The Yellow Book/Volume 6/A Song


text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/37

Rh General Land Office. In this circular the Commissioner referred to the various opinions of Attorney-Generals construing the act of March 2, 1831, entitled “An act to punish offenses committed in cutting, destroying or removing live-oak and other timber or trees reserved for naval purposes”; and also the decision of the Supreme Court of the United States in the case of the United States vs. Ephraim Briggs (9 Howard, page 3, 1851), in which the Supreme Court decided that the said act authorized the prosecution and punishment of all trespassers on the public lands for cutting timber whether such timber was fit for naval purposes or not. This circular was addressed to the registers and receivers of local land offices throughout the United States charging them with the duty of investigating depredations and prosecuting trespassers; but it was found that the sums recovered in accordance with this circular were very small compared with the damages committed by trespassers upon the public lands during the period intervening between the publication of the circular and the incoming of this administration, and that the evil had grown rather than diminished in extent.

The present Commissioner of the General Land Office having submitted to me a report upon this subject, I addressed to him, on the 5th day of April, 1877, a letter expressing the opinion that the system theretofore adopted had failed to accomplish the desired purpose; that the interest of the government demanded an entire change in the mode of procedure, and that more effective measures should be adopted to compel an observance of the law, in order that the public lands might be protected from waste and spoliation. I further directed that agents should be employed for this purpose by the Commissioner of the General Land Office to be borne on his rolls as clerks or employés, and to be detailed for special duty to act under his instructions in ascertaining when, where, and by whom depredations had been committed on the public lands, and to report the facts in each case. Secondly, that if upon examination of the reports so obtained the facts elicited in any case were found to warrant the institution of legal proceedings to punish the trespassers, or to collect damages for the waste already committed, or both, report should be made to this department with the opinion of the Commissioner thereon, in order that such further proceedings might be had in the premises as the case required. Thirdly, that no agent so employed should be permitted to make any compromise for depredations on the public lands, but if any propositions for settlement were submitted to them, the agents were to be instructed to report the same to the Commissioner of the General Land Office, with a full statement of the facts in the case, showing the nature and extent of said depredations, when and by whom committed, the quantity and value of the timber, when cut, and the value of the land in its present and former condition, all of which, together with the opinion of the Commissioner thereon, was to be transmitted to this department for further consideration. Fourthly, that if in any case the emergencies should seem to require more prompt action than contemplated in the


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/525

 PUBLIC LAW 99-319—MAY 23, 1986

100 STAT. 489

TITLE III—CONSTRUCTION CONSTRUCTION

SEC. 801. (a) Titles I and II shall not be construed as establishing 42 USC I085i. any new rights for mentally ill individuals. (b) For purposes of this section, the term "mentally ill individual" has the same meaning as in section 102(3). TITLE IV—OTHER PROGRAMS ALZHEIMER'S DISEASE

SEC. 401. Part B of title III of the Public Health Service Act is 42 USC 243. amended by inserting before section 317 the following: "FAMILY SUPPORT GROUPS FOR ALZHEIMER'S DISEASE PATIENTS

"SEC. 316. (a) Subject to available appropriations, the Secretary, 42 USC 247a. acting through the National Institute of Mental Health, the National Institutes of Health, and the Administration on Aging, shall promote the establishment of family support groups to provide, without charge, educational, emotional, and practical support to assist individuals with Alzheimer's disease or a related memory disorder and members of the families of such individuals. In promoting the establishment of such groups, the Secretary shall give priority to— "(1) university medical centers and other appropriate health care facilities which receive Federal funds from the Secretary and which conduct research on Alzheimer's disease or provide services to individuals with such disease; and "(2) community-based programs which receive funds from the Secretary, acting through the Administration on Aging. "(b) The Secretary shall promote the establishment of a national network to coordinate the family support groups described in subsection (a). "(c) The Secretary shall report to Congress, not later than one Reports, year after the date of the enactment of this section, on family support groups and the network of such groups established pursuant to this section.".

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/526

 100 STAT. 490

PUBLIC LAW 99-319—MAY 23, 1986 BALANCED BUDGET PROVISION

42 USC 10801 note. 2 USC 622.

SEC. 402. This Act shall not be construed as superseding any of the balanced budget provisions set forth in section 3(7) of the Congressional Budget and Impoundment Control Act of 1974. Approved May 23, 1986.

LEGISLATIVE HISTORY—S. 974 (H.R. 3492) (H.R. 4055): HOUSE REPORTS: No. 99-401 and Pt. 2 accompanving H.R. 3492 (Comm. on Energy and eommerce) and No. 99-576 (Comm. of Conference). SENATE REPORTS: No. 99-109 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): July 31, considered and passed Senate. Vol. 132 (1986): Jan. 30, H.R. 4055 considered and passed House; S. 974, amended, passed in lieu. Feb. 5, Senate disagreed to House amendment. May 13, House agreed to conference report. May 14, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIMNTIAL DOCUMENTS, Vol. 22 (1986): May 23, Presidential statement.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/527

 PUBLIC LAW 99-320—MAY 23, 1986

100 STAT. 491

Public Law 99-320 99th Congress An Act To make technical corrections in the higher education title of the Consolidated Omnibus Budget Reconciliation Act of 1985.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Student Financial Assistance Technical Corrections Act of 1986". SEC. 2. (a) Section 16014(b) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (hereafter in this Act referred to as "the Act") is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (2) by inserting before paragraph (2), as redesignated by clause (1), the following new paragraph: "(1) Section 428(c)(l)(A) of the Act is amended by inserting before the period at the end of the first sentence of such section a comma and the following: 'including the administrative costs of supplemental preclaim assistance for default prevention as defined in paragraph (6)(C)'.". (b) Section 16016 of the Act is amended by striking out "section 435(d)(1)(D)" and inserting in lieu thereof "section 435(g)(l)(D)". (c) The second sentence of section 16023 of the Act is amended by striking out "to the Secretary" and inserting in lieu thereof "by the Secretary". (d)(1) Section 16041(b)(1) of the Act is amended by striking out "January 1, 1986" and inserting in lieu thereof "July 1, 1986". (2) Section 16041(d) of the Act is amended by striking out "January 1, 1986" and inserting in lieu thereof "July 1, 1986". Approved May 23, 1986.

LEGISLATIVE HISTORY—S. 2329: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 24, considered and passed Senate. May 13, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): May 23, Presidential statement.

May 23, 1986 [S. 2329] Student Financial Assistance Technical Corrections Act of 1986. 20 USC 1001 note. Ante, p. 341. 20 USC 1078 and note. 20 USC 1078.

Ante, p. 343. 20 USC 1085. Ante, p. 349.

Ante, p. 356.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/528

 100 STAT. 492

PUBLIC LAW 99-321—MAY 23, 1986

Public Law 99-321 99th Congress Joint Resolution May 23, 1986 [S.J. Res. 246]

To designate May 25, 1986 as "Hands Across America Day", for the purpose of helping people to help themselves, and commending United Support of Artists for Africa and all participants for their efforts toward combating domestic hunger with a four thousand mile human chain from coast to coast.

Whereas thousands of recruits were rejected during World War II because of physical and mental problems associated with malnutrition; Whereas our Government committed itself to ending this national problem by successfully devising programs to eliminate malnutrition in America; Whereas our people became the best-fed, healthiest people in the world; Whereas a Physicians Task Force on Hunger recently estimated that at least twenty million American citizens now suffer from hunger, and that hunger is increasing rather than declining; Whereas physicians around the Nation are reporting an increase in nutrition-related health problems among the elderly and children, including diseases which are usually limited to third world countries; Whereas homelessness is an ever-increasing national problem and more than half the homeless population in the United States is comprised of children and women; Whereas it has been estimated that there are only enough shelters to house one hundred and eleven thousand men, women, and children on a given night, and there are as many as three million people in need of shelter; Whereas the General Accounting Office reports that the principal causes of homelessness in America are: unemployment, a lack of resources for deinstitutionalized mental patients, increases in personal crises, cuts in public assistance programs, reduced availability of low-income housing, and alcohol and drug abuse; Whereas participation by all citizens who are interested in helping to address this enormous problem should be encouraged; Whereas a private fund-raising effort by United Support of Artists for Africa entitled "Hands Across America" is planned for May 25, 1986; Whereas millions of participants in this effort who will join hands across this country on that day should be commended for asking all Americans to rededicate themselves to fulfilling the most basic needs of our people in this land of compassion and abundance, by expending every effort to eradicate hunger and homelessness in our Nation: Now, therefore, be it

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/529

 PUBLIC LAW 99-321—MAY 23, 1986

100 STAT. 493

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That May 25, 1986, is designated as "Hands Across America Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved May 23, 1986.

LEGISLATIVE HISTORY—S.J. Res. 246 (H.J. Res. 462): CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 6, H.J. Res. 462 considered and passed House. Mar. 4, S.J. Res. 246 considered and passed Senate. May 15, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/530

 100 STAT. 494

PUBLIC LAW 99-322—MAY 23, 1986

Public Law 99-322 99th Congress An Act May 23, 1986 [S. 2416]

2 USC 902 note.

38 USC 1801 et s«9.

To revise further the limitation applicable to chapter 37 of title 38, United States Code, for fiscal year 1986, for the purpose of implementing any order issued by the President for such fiscal year under any law providing for the sequestration of new loan guarantee commitments, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Act entitled "An Act to establish, for the purpose of implementing any order issued by the President for fiscal year 1986 under any law providing for sequestration of new loan guarantee commitments, a guaranteed loan limitation amount applicable to chapter 37 of title 38, United States Code, for fiscal year 1986", approved March 7, 1986 (Public Law 99-255; 100 Stat. 39), is amended— (1) by striking out "guaranteed loan limitation amount" and inserting in lieu thereof "limitation"; and (2) by striking out "$18,200,000,000" and inserting in lieu thereof "$40,000,000,000". 03) The title of such Act is amended by striking out "guaranteed loan limitation amount" and inserting in lieu thereof "limitation". SEC. 2. TREATMENT OF CERTAIN ADMINISTRATIVE EXPENSES.

Housing. Veterans^

Education.

38 USC 1824 Jiote.

(a) IN GENERAL.—Section 182403) of title 38, United States Code, is amended by adding at the end the following new sentence: "For purposes of this subsection, the term 'administrative expenses' shall not include expenses incurred by the Administrator for appraisals performed after February 1, 1986, on a contractual basis in connection with the liquidation of housing loans guaranteed, insured, or made under this chapter.". (b) USE OF SAVING.—Any saving in the General Operating Expenses Account of the Veterans' Administration that results from the implementation of the amendment made by subsection (a) shall be used by the Administrator of Veterans' Affairs for the purpose of administering the housing, compensation, pension, and education programs in title 38, United States Code, in a more timely manner. Approved May 23, 1986.

LEGISLATIVE HISTORY—S. 2416: CONGRESSIONAL RECORD, Vol. 132 (1986): May 6, considered and passed Senate. May 20, considered in House. May 21, considered and passed House, amended. Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/531

 PUBLIC LAW 99-323—MAY 27, 1986

Public Law 99-323 99th Congress

100 STAT. 495

An Act

To reduce the costs of operating Presidential libraries, and for other purposes.

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Presidential Libraries Act of 1986". RESEARCH AND MUSEUM FACILITIES

SEC. 2. Section 2101(1) of title 44, United States Code, is amended by inserting before the semicolon a comma and "and may include research facilities and museum facilities in accordance with this chapter".

May 27, 1986 [H.R. 1349] Presidential Libraries Act of 1986. Historic preservation. 44 USC 101 note.

PRESIDENTIAL ARCHIVAL DEPOSITORIES

SEC. 3. (a) Section 2112(a) of title 44, United States Code, is amended to read as follows: "(a)(1) When the Archivist considers it to be in the public interest, Gifts and property. the Archivist may— "(A)(i) accept, for and in the name of the United States, land, Real property. a facility, and equipment offered as a gift to the United States for the purpose of creating a Presidential archival depository; "(ii) take title to the land, facility, and equipment on behalf of the United States; and "(iii) maintain, operate, and protect the land, facility, and equipment as a Presidential archival depository and as part of the national archives system; "(B)(i) make agreements, upon terms and conditions the Archivist considers proper, with a State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, a facility, and equipment of the State, subdivision, university, or other organization, to be made available by it without transfer of title to the United States; and "(ii) maintain, operate, and protect the depository as a part of the national archives system; and "(C) accept, for and in the name of the United States, gifts offered for the purpose of making any physical or material change or addition to a Presidential archival depository. "(2) The Archivist shall promulgate architectural and design standards applicable to Presidential archival depositories in order to ensure that such depositories (A) preserve Presidential records subject to chapter 22 of this title and papers and other historical 44 USC 2201 et materials accepted for deposit under section 2111 of this title and (B) seq. contain adequate research facilities. "(3) Prior to accepting and taking title to any land, facility, or Reports. equipment under subparagraph (A) of paragraph (1), or prior to entering into any agreement under subparagraph (B) of such paragraph or any other agreement to accept or establish a Presidential archival depository, the Archivist shall submit a written report on

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