text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/135

 PUBLIC LAW 99-549—OCT. 27, 1986 Public Law 99-549 99th Congress

100 STAT. 3063 -noit:

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An Act

To amend the Act establishing a Commission on the Bicentennial of the Constitution of the United States to clarify the status of employees of the Commission, to raise ' the limits on private contributions, and for other purposes.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. OFFICIAL SEAL.

The first section of the Act entitled "An Act to provide for the establishment of a Commission on the Bicentennial of the Constitution", enacted September 29, 1983 (Public Law 98-101; 97 Stat. 719), hereinafter in this Act referred to as "Public Law 98-101", is amended by adding at the end thereof the following: "The Commission shall have an official seal, which shall be judicially noticed.".

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SEC. 2. COMMEMORATIONS BY STATE AND LOCAL GOVERNMENTS.

Section 3 of Public Law 98-101 is amended— (1) by inserting "(a)" after the section designation; and (2) by adding at the end thereof the following: "(b) It is not the purpose of this Act to preempt any unit of State or local government from celebrating the bicentennial of the Constitution, and nothing in this Act shall prevent any such unit from establishing its own logo, symbol, or mark in connection therewith.".

97 Stat. 719. ." >

SEC. 3, AMENDMENTS RELATING TO CERTAIN ADMINISTRATIVE PROVISIONS AND POWERS.

' Section 5 of Public Law 98-101 is amended— (1) in subsection (h)(2)(A), by striking out "$25,000" and inserting in lieu thereof "$250,000"; (2) in subsection (h)(2)(B), by striking out "$100,000" and inserting in lieu thereof "$1,000,000"; and (3) by adding at the end thereof the following: "(k) The Commission may transfer funds received by it to another Federal department or agency if the Commission determines that the use of such funds by such department or agency would promote the commemoration of the bicentennial of the Constitution. This subsection is effective only to the extent and in such amounts as are provided in advance in appropriation Acts. "(1) The Commission may issue rules and regulations to carry out the purposes of this Act.". SEC. 4. BICENTENNIAL LOGO.

(a) IN GENERAL.—Section 5(j) of Public Law 98-101 is amended to read as follows: "(j)(l) For the purpose of this Act, the term 'Bicentennial logp' means the symbol or mark designated by the Commission for use in connection with the commemoration of the bicentennial of the Constitution.

97 Stat. 720.

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Regulations,

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Page:United States Statutes at Large Volume 100 Part 4.djvu/136

 100 STAT. 3064 Regulations.

Regulations.

Law enforcement and crime.

Federal Register, publication. Regulations. 97 Stat. 720.

PUBLIC LAW 99-549—OCT. 27, 1986

"(2) The Commission may, in accordance with rules and regulations which the Commission shall prescribe, authorize the manufacture, reproduction, use, sale, or distribution of the Bicentennial logo. Such rules and regulations shall provide, among other things, that all projects, goods, and services as to which use of the logo is authorized shall be educational or commemorative, and shall relate to the bicentennial of the United States Constitution, the establishment of the Federal Government, or the Bill of Rights, and none of such projects, goods or services shall exploit the United States Constitution or the Bill of Rights. The purpose of the Commission in authorizing use of the logo shall not be primarily or exclusively to raise funds. "(3) Rules and regulations referred to in paragraph (2) shall include provisions under which— "(A) fees may be charged for any authorization under this -: subsection (including circumstances under which any such fee may be waived); "(B) any authorization granted under this subsection shall not be subject to reassignment or transfer without approval by the Commission; and "(C) any authorization granted under this subsection may be revoked or otherwise terminated. "(4)(A) Whoever, except as authorized under this subsection, manufactures, reproduces, uses, sells, or distributes the Bicentennial logo— "(i) shall be fined not more than $250 or imprisoned not more than 6 months, or both; and "(ii) shall be subject to a civil penalty in an amount equal to the amount of the fee which would have been payable by that person under paragraph (3)(A). "(B) Section 701 of title 18, United States Code, shall not apply with respect to the Bicentennial logo. "(5) Amounts charged under paragraph (3)(A) shall be available to the Commission. "(6) Notice of designation under paragraph (1) shall be published in the Federal Register.". (b) SAVINGS PROVISIONS.—(1) All rules and regulations issued by the Commission on the Bicentennial of the United States Constitution in connection with section 5(j) of Public Law 98-101 (as in effect before the enactment of this Act) shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed by such Commission. (2) No suit, action, or other proceeding lawfully commenced before the amendment made by subsection (a) becomes effective shall abate by reason of the enactment of this Act. Determinations with respect to any such suit, action, or other proceeding shall be made as if this Act had not been enacted. -i. SEC. 5. AMENDMENTS RELATING TO PERSONNEL.

,

Section 5 of Public Law 98-101 is amended— (1) in subsection (b)— (A) by striking out "(b) The" and inserting in lieu thereof "(b)(1) The"; (B) by striking out "compensation, without" and all that follows thereafter through "rates," and inserting in lieu thereof "compensation"; and

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


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Page:United States Statutes at Large Volume 100 Part 4.djvu/137

 PUBLIC LAW 99-549—OCT. 27, 1986

100 STAT. 3065

"' " (C) by adding at the end thereof the following: "The Chairman or the staff director or both may, if so authorized by the Commission, take any action which the Commission is authorized to take under the preceding provisions of this paragraph."; (2) in subsection (c)— (A) by striking out "(c) Subject to the provisions of this subsection, the" and inserting in lieu thereof "(2) The"; and (B) by striking out the last sentence and inserting in lieu thereof the following: "The Chairman or the staff director or both may, if so authorized by the Commission, take any action which the Commission is authorized to take under the preceding provisions of this paragraph."; (3) by inserting before subsection (d) the following: "(c) Appointments and compensation under subsection (b)(1) or (2) of this section may be made without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates."; and (4) in subsection (e)— (A) by striking out paragraph (2); and (B) by redesignating subsection (e)(1) as subsection (e).

5 USC 5101. 5 USC 5331. 5 USC 5332.

SEC. 6. AGENCY COOPERATION.

Section 6(c) of Public Law 98-101 is amended by adding at the end thereof the following: "All such governmental agencies and organizations shall cooperate with the Commission, to the extent allowed by law, in providing advice and assistance requested by the Commission.".

97 Stat. 721.

SEC. 7. TWO-YEAR EXTENSION.

Section 7 of Public Law 98-101 is amended by striking out "1989" and inserting in lieu thereof "1991".

97 Stat. 722.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR TWO ADDITIONAL YEARS.

Section 8 of Public Law 98-101 is amended by striking out "1989" and inserting in lieu thereof "1991".

97 Stat. 723.

SEC. 9. TECHNICAL AMENDMENTS.

5 USC 8341 note.

(a) AMENDMENTS.—(1) Subsections (a)(4)(B), (a)(5)(B)(iii), and (f) of section 4 of Public Law 98-615 (98 Stat. 3204), as amended by section 201 of Public Law 99-251 (100 Stat. 20), are each amended by striking out "Federal Employees Benefits Improvement Act of 1985" and inserting in lieu thereof "Federal Employees Benefits Improvement Act of 1986". (2) Section 4(a)(5)(A) of Public Law 98-615, as so amended, is amended—

Ante, p. 14.

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 100 STAT. 3066

PUBLIC LAW 99-549—OCT. 27, 1986

(A) by striking out "Paragraphs (2)," and inserting in lieu thereof "Paragraphs"; and (B) by adding at the end thereof the following: "The paragraphs referred to in the preceding sentence shall so apply only insofar as they relate to an election to provide a survivor annuity for a former spouse.". (b) EFFECTIVE DATE.—The amendments made by this section shall be effective as of May 7, 1985. Approved October 27, 1986.

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LEGISLATIVE HISTORY—H.R. 3559 (S. 1779): HOUSE REPORTS: No. 99-530, Pt. 1 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 132 (1986): June 24, considered and passed House. Oct. 3, S. 1779 considered in Senate; H.R. 3559 considered and passed Senate, amended, in lieu of S. 1779. Oct. 6, proceedings of Oct. 3 vitiated; H.R. 3559 considered and passed Senate, amended. Oct. 10, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/139

 PUBLIC LAW 99-550—OCT. 27, 1986 Public Law 99-550 ' ^ ' 99th Congress An Act

100 STAT. 3067 "

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'

To restrict the use of government vehicles for transportation of officers and employees of the Federal Government between their residences and places of employment, and for other purposes.

Q^.^ 27 1986 L• •

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1344 of title 31, United States Code, is amended to read as follows: "§ 1344. Passenger carrier use "(a)(1) Funds available to a Federal agency, by appropriation or otherwise, may be expended by the Federal agency for the maintenance, operation, or repair of any passenger carrier only to the extent that such carrier is used to provide transportation for official purposes. Notwithstanding any other provision of law, transporting any individual other than the individuals listed in subsections (b) and (c) of this section between such individual's residence and such individual's place of employment is not transportation for an official purpose. "(2) For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is— "(A) required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or "(B) essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties, is transportation for an official purpose, when approved in writing by the head of the Federal agency. "(b) A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies: "(I)(A) the President and the Vice President; "(B) no more than 6 officers or employees in the Executive 1 Office of the President, as designated by the President; and t "(C) no more than 10 additional officers or employees of 5 Federal agencies, as designated by the President; "(2)(A) officers compensated at Level I of the Executive Schedule pursuant to section 5312 of title 5; and "(B) a single principal deputy to an officer described in subparagraph (A) of this paragraph, when a determination is made by such officer that such transportation is appropriate; "(3) principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations; "(4) the Deputy Secretary of Defense and Under Secretaries of Defense, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, the Joint Chiefs of Staff, and the Commandant of the Coast Guard; ,

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Page:United States Statutes at Large Volume 100 Part 4.djvu/140

 100 STAT. 3068

•

22 USC 2700. 50 USC 403j.

PUBLIC LAW 99-550—OCT. 27, 1986

"(5) the Director of the Central Intelligence Agency and the Director of the Federal Bureau of Investigation; "(6) the Chairman of the Board of Governors of the Federal Reserve System; "(1) the Comptroller General of the United States and the Postmaster General of the United States; and "(8) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business. Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to paragraph (8) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days. "(c) A passenger carrier may be used to transport between residence and place of employment any person for whom protection is specifically authorized pursuant to section 3056(a) of title 18 or for whom transportation is authorized pursuant to section 28 of the State Department Basic Authorities Act of 1956 or section 8(a)(l) of the Central Intelligence Agency Act of 1949. "(d)(1) Any determination made under paragraph (8) of subsection (b) shall be in writing and shall include the name and title of the officer or employee affected, the reason for such determination, and the duration of the authorization for such officer or employee to use a passenger carrier for transportation between residence and place of employment. "(2) If a clear and present danger, an emergency, or a compelling operational consideration described in paragraph (8) of subsection (b) extends or may extend for a period in excess of 15 calendar days, the head of the Federal agency shall determine whether an authorization under such paragraph shall be extended in excess of 15 calendar days for a period of not more than 90 additional calendar days. Determinations made under this paragraph may be reviewed by the head of such agency at the end of each such period, and, where appropriate, a subsequent determination may be made whether such danger, emergency, or consideration continues to exist and whether an additional extension, not to exceed 90 calendar days, may be authorized. Determinations made under this paragraph shall be in accordance with regulations prescribed pursuant to paragraph (1) of subsection (e). "(3) The authority to make designations under subsection (b)(1) of this section and to make determinations pursuant to subsections (a)(2), (b)(2)(B), and (b)(8) of this section and pursuant to paragraph (2) of this subsection may not be delegated, except that, with respect to the Executive Office of the President, the President may delegate the authority of the President under subsection (b)(8) of this section to an officer in the Executive Office of the President. No designation or determination under this section may be made solely or principally for the comfort or convenience of the officer or employee. "(4) Notification of each designation or determination made under paragraphs (1), (2)(B), and (8) of subsection (b) and under paragraph (2) of this subsection, including the name and title of the officer or

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Page:United States Statutes at Large Volume 100 Part 4.djvu/141

 PUBLIC LAW 9 9 - 5 5 0 - O C T. 27, 1986

100 STAT. 3069

employee affected, the reason for any determination under paragraph (8) of subsection (b), and the expected duration of any authorization under such paragraph, shall be transmitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate. "(e)(1) Not later than March 15, 1987, the Administrator of General Services, after consultation with the Comptroller General, the Director of the Office of Management and Budget, and the Director of the Administrative Office of the United States Courts, shall promulgate regulations governing the heads of all Federal agencies in making the determinations authorized by subsections (a)(2)(A), (b)(8), and (d)(2) of this section. Such regulations shall specify that the comfort and convenience of an officer or employee is not sufficient justification for authorizations of transportation under this section. "(2) In promulgating regulations under paragraph (1) of this subsection, the Administrator of General Services shall provide criteria defining the term 'field work' for purposes of subsection (a)(2)(A) of this section. Such criteria shall ensure that transportation between an employee's residence and the location of the field work will be authorized only to the extent that such transportation will substantially increase the efficiency and economy of the Government. "(f) Each Federal agency shall maintain logs or other records necessary to establish the official purpose for Government transportation provided between an individual's residence and such individual's place of employment pursuant to this section. "(g) As used in this section— "(1) the term 'passenger carrier' means a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased by the United States Government; and "(2) the term 'Federal agency' means— "(A) a department (as such term is defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a)); "(B) an Executive department (as such term is defined in section 101 of title 5); "(C) a military department (as such term is defined in section 102 of title 5); "(D) a Government corporation (as such term is defined in section 103(1) of title 5); "(E) a Government controlled corporation (as such term is defined in section 103(2) of title 5); "(F) a mixed-ownership Government corporation (as such term is defined in section 9101(2) of this title); "(G) any establishment in the executive branch of the Government (including the Executive Office of the President); "(H) any independent regulatory agency (including an independent regulatory agency specified in section 3502(10) of title 44); "(I) the Smithsonian Institution; and "(J) any nonappropriated fund instrumentality of the United States, except that such term does not include the government of the District of Columbia.

Regulations.

Records.

District of Columbia.

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 100 STAT. 3070

PUBLIC LAW 99-550—OCT. 27, 1986

"(h) Notwithstanding section 410(a) of title 39, this section applies to the United States Postal Service.". (b) The table of sections for chapter 13 of such title is amended by striking out the item relating to section 1344 and inserting in lieu thereof the following: ?»u;iiM'j%,».B

"1344. Passenger carrier use.".

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SEC. 2. (a) Title 10, United States Code, is amended— (1) by striking out section 2637 thereof; and (2) in the table of contents of chapter 157 thereof, by striking out the item pertaining to section 2637. (b) Section 636(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(5)) is amended by striking out "(without regard to the limitations contained in section 5 of Public Law 63-127, as amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85-468 (31 U.S.C. 638c))". (c) Section 48 of the Arms Control and Disarmament Act (22 U.S.C. 2588) is amended by striking out "without regard to the limitations contained in section 78(c) of title 5 of the United States Code". (d) Section 11 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2678) is repealed. (e) Section 660 of title 14, United States Code, is amended by striking out subsection (e). 28 USC 456 note. SEC. 3. Within one year after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall prepare, in consultation with the Marshal of the Supreme Court of the United States, the Clerk of the United States Court of Military Appeals and the Court Administrator of the United States Tax Court, and transmit to the Congress, appropriate recommendations concerning the transportation needs of the judicial branch and of courts established pursuant to Article I of the Constitution. Approved October 27, 1986. ft:

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LEGISLATIVE HISTORY—H.R. 3614: HOUSE REPORTS: No. 99-451 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 4, considered and passed House. n:''l> ' ' Oct. 10, considered and passed Senate, amended. Oct. 15, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/143

 PUBLIC LAW 99-551—OCT. 27, 1986

100 STAT. 3071

Public Law 99-551 99th Congress An Act To extend and improve the Domestic Volunteer Service Act of 1973.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Domestic Volunteer Service Act Amendments of 1986". SEC. 2. VOLUNTEERISM POLICY. (a) VoLu>fTEERiSM PoucY.—The Domestic Volunteer Service Act of 1973 (hereinafter in this Act referred to as "the Act") is amended by inserting immediately after the table of contents the following new section:

Oct. 27, 1986 [H.R. 4116] Domestic Volunteer Service Act Amendments of 1986. 42 USC 4950 note.

42 USC 4951 note.

"VOLUNTEERISM POLICY

"SEC. 2. (a) Because of the long-standing importance of volunteerism throughout American history, it is the policy of the Congress to foster the tradition of volunteerism through greater involvement on the part of both young and older citizens. "(b) The purpose of ACTION, the Federal domestic volunteer agency, is to foster and expand voluntary citizen service in communities throughout the Nation in activities designed to help the poor, the disadvantaged, the vulnerable, and the elderly. In carrying out this purpose, ACTION shall utilize to the fullest extent the programs authorized under this Act, coordinate with other Federal, State, and local agencies and utilize the energy, innovative spirit, experience, and skUls of all Americans.". (b) CONFORMING AMENDMENT.—The table of contents of the Act is amended by inserting before the item relating to title I the following:

42 USC 4950.

Disadvantaged persons. Aged persons. State and local governments.

"Sec. 2. Volunteerism policy.". SEC. 3. ASSIGNMENT OF VOLUNTEERS.

(a) RECRUITMENT AND ASSIGNMENT.—Section 103(b) of the Act is amended to read as follows: "(b) The Director shall establish, at a cost not to. exceed $250,000, procedures to recruit and place individuals from all walks of life, age groups, economic levels, and geographic areas to serve as VISTA volunteers. The procedures shall include an information system to ensure that potential applicants are made aware of the broad range of VISTA volunteer opportunities and a system to identify and place qualified volunteers where their skills are most needed. The Director shall also establish procedures for national and local recruitment, media and public awareness efforts, and specialized campaigns designed to recruit recent college graduates, special skilled volunteers, and individuals 55 years of age and older. The Director, wherever feasible and appropriate, shall assign low-income community volunteers to serve in their home communities in teams

42 USC 4953.

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 100 STAT. 3072

42 USC 5047.

42 USC 4953.

42 USC 4958.

PUBLIC LAW 99-551—OCT. 27, 1986

with nationally recruited specialist volunteers. The Director shall make efforts to assign volunteers to serve in their home or nearby communities and shall make national efforts to attract other volunteers to serve in the VISTA program. The Director shall also, in the assignment of volunteers, recognize that the community identified needs which cannot be met in the local area, and the individual desires of VISTA volunteers in regard to placement in various geographic areas of the Nation, should be taken into consideration.". (b) REPORTS.—Section 407 of the Act is amended— (1) by inserting "(a)" after "407."; and (2) by adding the following subsection: "(b) Not later than 120 days after the end of each fiscal year, the Director shall prepare and submit to the appropriate committees of the Congress a report describing activities under section 1030)).". SEC. 4. ESTABLISHMENT OF VISTA LITERACY CORPS. (a) ESTABLISHMENT OF LITERACY CORPS.—The Act is amended by inserting after section 108 the following new section: VISTA LITERACY CORPS

State and local governments. Education. Disadvantaged persons.

42 USC 4959.

Libraries. Employment and unemployment.

29 USC 1501 note.

"SEC. 109. (a) As part of the Volunteers in Service to America program established under this part, the Director shall establish a VISTA Literacy Corps for the purpose of developing, strengthening, supplementing, and expanding efforts of both public and nonprofit organizations at the local. State, and Federal level to mobilize local, State, Federal, and private sector financial and volunteer resources to address the problem of illiteracy throughout the United States. "(b) The Director shall assign volunteers to projects and programs that meet the antipoverty criteria of part A that provide assistance to functionally illiterate and illiterate individuals who are unserved or underserved by literacy education programs, with special emphasis upon disadvantaged individuals having the highest risk of illiteracy, and individuals with the lowest reading and educational level of competence. "(c)(1) The Director shall assign volunteers under this subsection to projects and programs that utilize volunteers to address the needs of illiterate individuals. "(2) Programs and projects under this subsection may be administered by public or private nonprofit agencies and organizations including local. State, and national literacy councils and organizations; community-based nonprofit organizations; local and State education agencies; local and State agencies administering adult basic education programs; educational institutions; libraries; antipoverty organizations; local, municipal, and State governmental entities, and administrative entities designated to administer job training plans under the Job Training Partnership Act. "(3) In the assignment of volunteers under this subsection the Director shall give priority consideration to— "(A) programs and projects that assist illiterate individuals in greatest need of assistance residing in unserved or underserved areas with the highest concentrations of illiteracy and of low income individuals and families; "(B) projects and programs serving individuals reading at the zero to fourth grade levels; "(C) projects and programs focusing on providing literacy services to high risk populations;

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 PUBLIC LAW 99-551-OCT. 27, 1986

100 STAT. 3073

"(D) projects and programs operating in areeis with the highest concentration of individuals and families living at or below the poverty level; "(E) projects and programs providing literacy services to parents of disadvantaged children between the ages of two and eight, who may be ^ucationally at risk; and "(F) Statewide programs and projects that encourage the creation of new literacy efforts, encourage the coordination of intrastate literacy efforts and provide technical assistance to local literacy efforts. "(d)(1) The Director shall assign volunteers under this subsection to projects and programs that primarily utilize volunteers to tutor illiterate individuals. "(2) Programs and projects under this subsection may be administered by local public or private nonprofit agencies and organizations including local literacy councils and organizations, communitybased nonprofit organizations, local educational agencies, local agencies administering adult basic education programs, local educational institutions, libraries, antipoverty organizations, local and municipal governmental entities, and administrative entities designated to administer job training plans under the Job Training Partnership Act. "(3) In the assignment of volunteers under this subsection the Director shall give priority consideration to local programs and projects that assist illiterate individuals in greatest need of assistance residing in unserved or underserved areas with the highest concentrations of illiteracy and of low income individuals and families. "(e) The Director shall ensure an equitable distribution of volunteers under this section in accordance with the equitable distribution requirement of section 414 of this Act. "(f) The VISTA Literacy Corps shall consist of all volunteers serving under part A working on literacy projects and programs. "(g)(1) Funds made available under section 501(a) for the purposes of this section shall be used to supplement and not supplant the level of services provided under part A in fiscal year 1986 to address the problem of illiteracy. "(2) In any fiscal year in which the services provided under part A are reduced, the services provided under this section shall be proportionately reduced.". (b) (INFORMING AMENDMENT.—The table of contents of the Act is amended by inserting after the item relating to section 108 the following:

Children and youth.

Libraries. Employment and unemployment.

29 USC 1501 note.

42 USC 5054. 42 USC 5081.

42 USC 4958.

"Sec. 109. VISTA Literacy Corps.". SEC. 5. SERVICE LEARNING PROGRAMS.

Section 111 of the Act is amended— 42 USC 4971. (1) by inserting "(a)" after the section designation; f (2) by striking out the second and third sentences of such (3) by adding the following new subsection: "(b) This part provides for the University Year for ACTION (UYA) Education. program of full-time volunteer service by students enrolled in Schools and institutions of higher education. The purpose of the UYA program is colleges. to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems by enabling students at cooperating institutions to perform meaningful
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Page:United States Statutes at Large Volume 100 Part 4.djvu/146

 100 STAT. 3074

PUBLIC LAW 99-551—OCT. 27, 1986

and constructive volunteer service in connection with the satisfaction of course-work while attending such institutions. Volunteer service under this part is conducted in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by individuals experiencing such problems.". SEC. 6. SERVICES TO INDIANS. 42 USC 4992.

(a) SPECIAL VOLUNTEER PROGRAMS.—Section 122(a)(1) of the Act is

amended by inserting "(including Indian reservations)" after "rural areas". 42 USC 5061.

State and local governments. Alaska.

43 USC 1601 note.

(b) DEFINITIONS.—Section 421 of the Act is amended—

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(1) by striking "and" at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting "; and"; and (3) by adding the following paragraph: "(5) the terms 'public agencies or organizations' and 'Federal, State, or local agencies' shall include any Indian tribe, band, nation, or other organized group or community (including any Alaskan native village or regional village corporation as defined in or established pursuant to the Alaska Native Claims Settle' ' ment Act) which is recognized by the United States or the State in which it resides as eligible for special programs and services provided to Indians because of their status as Indians.". SEC. 7. VOLUNTEERS SERVING WITHOUT STIPEND.

42 USC 5011.

Regulations.

Regulations.

Grants. Contracts.

(a) VOLUNTEER SERVICE PROJECTS.—(1) Section 211 of the Act is amended— (A) in the first sentence of subsection (d) by inserting "lowincome" after "provide to", and (B) by adding at the end thereof the following: "(fKl)(A) Except as provided in subparagraphs (B) and (C), individuals who are not low-income persons may serve as volunteers under this part, in accordance with such regulations as the Director shall issue, if such individuals serve without receiving any allowance, stipend, or other financial support under this part except reimbursement for transportation, meals, and out-of-pocket expenses incident to serving under this part. "(B) The regulations issued by the Director to carry out this part (other than any regulations relating to allowances, stipends, and other financial support authorized by subsection (d) to be paid under this part to low-income persons) shall apply to all volunteers under this part, without regard to whether such volunteers are eligible to receive a stipend under subsection (d). "(C) Individuals who are not low-income persons may not serve as volunteers under this part in any community in which there are volunteers serving under part A of this title. "(2)(A) Except as provided in subparagraph (B), each recipient of a grant or contract to carry out a project under this part shall give equal treatment to all volunteers who participate in such project, without regard to whether such volunteers are eligible to receive a stipend under subsection (d). "(B) An individual who is not a low-income person may not become a volunteer under this part if allowing such individual to become a volunteer under this part would prevent a low-income

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 PUBLIC LAW 99-551—OCT. 27, 1986

100 STAT. 3075

individual from becoming a volunteer under this part or would displace a low-income person from being such a volunteer. "(3) The Director may not require as a condition of receiving a grant or contract to carry out a project under this part, any applicant for such grant or contract— "(A) to accept individuals who are not low-income persons to '< serve as volunteers under this part; or ^ "(B) to solicit locally generated contributions, in cash or in kind, to support such individuals. "(4) Funds appropriated to carry out this part may not be used to pay any cost, including any administrative cost, incurred in connection with volunteers under this part who do not receive a stipend under subsection (d). Such cost incurred with respect to a volunteer may be paid with— "(A) funds received by the Director as unrestricted gifts; 03 "(B) funds received by the Director as gifts to pay such cost; V "(C) funds contributed by such volunteer; or V "(D) locally generated contributions in excess of the amount t required to be contributed under subsection (a), in the discretion of the recipient of a grant or contract under such subsection.". (2) Section 211(f)(3) of the Domestic Volunteer Service Act of 1973, as added by paragraph (1), shall apply with respect to grguits and contracts made under section 211(a) of such Act before the date of the enactment of this Act. (b) SENIOR COMPANION PROGRAM.—Section 213(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5013(b)) is amended to read as follows: "(b) Subsections (d), (e), and (f) of section 211, and such other provisions of part B as the Director determines to be necessary, shall apply to this part, except that for purposes of this part any reference in such subsections and such provisions to part B shall be deemed to be a reference to this part.".

Grants. Contracts.

Gifts and property. Grants. Contracts. Grants. Contracts. Ante, p. 3074. 42 USC 5011 note. -,

SEC. 8. EVALUATION.

(a) GENERAL AUTHORITY.—Section 416(a) of the Act is amended to read as follows: "(a) The Director shall measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals, in general, and in relation to their cost, their impact on related programs, and their structure and mechanism for delivery of services. Each program shall be evaluated at least once every three years. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. Such evaluation shall also measure and evaluate compliance with the equitable distribution requirement of section 414 of this Act.".

42 USC 5056.

42 USC 5054.

(b) TITLE II EVALUATION AND REPORT TO CONGRESS.—Section 416 of

the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5056) is amended— (1) by redesignating subsection (f) as subsection (g), and (2) by inserting after subsection (e) the following: "(f) Not later than December 31, 1988, the Director shall— "(1) evaluate the impact of ACTION Agency programs carried -; out under title II that relate to services that assist families caring for frail and disabled adult family members and shall include in such evaluation information on—

.ir*?i D&u A.I

42 USC 5001 et seq.

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 100 STAT. 3076

'^

PUBLIC LAW 99-551—OCT. 27, 1986

4

42 USC 5011, 5013. ^^ ,.:'^'^

"', ''"^ ^ "

'; ' Reports.

»-

"(A) the range and extent of service needs of, and the services provided to, family caregivers assisted by volunteers; • "(B) the characteristics of volunteers and the skills, training, and supervision necessary to provide various types of rrt volunteer assistance to family caregivers; "(C) administrative costs, including recruitment, training, and supervision costs, associated with volunteer assistance to family caregivers; and "(D) such other issues as may be relevant to provide services to assist family caregivers; "(2) evaluate the impact that volunteers who participate in programs under parts B and C of title II without receiving a stipend have on such programs and shall include in such evaluation— "(A) information on adminstrative costs associated with '' such volunteers; "(B) a comparison of the quality of services provided by • such volunteers and the quality of services provided by volunteers who receive a stipend under such parts, including the rate of absenteeism and turnover; and "(C) a review of the effect that participation by volunteers who do not receive such stipend have on the administration of such programs; and "(3) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report summarizing in detail the results of the evaluations made under paragraphs (1) and (2).".

SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.

1

(a) NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS.—Section 501

42 USC 5081.

of the Act is amended by striking subsections (a), (b), (c), and (d)(1) and inserting the following: "SEC. 501. (a)(1) There is authorized to be appropriated to carry 42 USC 4951. out part A of title I (except section 109) $25,000,000 for fiscal year Ante, p. 3072. 1987, $26,000,000 for fiscal year 1988, and $27,040,000 for fiscal year 1989. "(2) There is authorized to be appropriated to carry out section 109(c) and to expand the number of VISTA Literacy Corps volunteers in literacy programs and projects under part A of title I of this Act $2,000,000 for fiscal year 1987, $3,000,000 for fiscal year 1988, and $5,000,000 for fiscal year 1989. "(3) There is authorized to be appropriated to carry out section 109(d) and to expand the number of VISTA Literacy Corps volunteers in literacy programs and projects under part A of title I of this Act -; > r I $1,000,000 for each of the fiscal years 1987, 1988, and 1989. "(b) There is authorized to be appropriated to carry out part B of 42 USC 4971. title I of this Act $1,800,000 for each of the fiscal years 1987, 1988, and 1989. "(c) There is authorized to be appropriated to carry out part C of 42 USC 4991. title I of this Act $1,984,000 for each of the fiscal years 1987, 1988, and 1989. "(d)(1) Of the amounts appropriated under this section for parts A,
 * > •j.i- B, and C of title I and for sections 109(c) and 109(d), there shall first

> ? be available for part A of title I (other than section 109), an amount not less than the amount necessary to provide—

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 PUBLIC LAW 99-551—OCT. 27, 1986

100 STAT. 3077

"(A) 2,400 years of volunteer service in fiscal year 1987; "(B) 2,500 years of volunteer service in fiscal year 1988; and "(C) 2,600 years of volunteer service in fiscal year 1989.". (b) RETIRED SENIOR VOLUNTEER PROGRAM.—Section 502(a) of the Act is amended— (1) by striking out "$30,412,000" and all that follows through "1985, and", and (2) by inserting after "1986" the following: ", $32,000,000 for fiscal year 1987, $33,280,000 for fiscal year 1988, and $34,610,000 for fiscal year 1989".

42 USC 5082.

(c) FOSTER GRANDPARENTS AND OLDER AMERICAN COMMUNITY SERVICE PROGRAMS.—Section 502(b) of the Act is amended—

 * 5 -

(1) by striking out "$52,650,000" and all that follows through "1985, and", and (2) by inserting after "1986" the following: ", $60,000,000 for fiscal year 1987, $62,400,000 for fiscal year 1988, and $64,900,000 for fiscal year 1989". (d) SENIOR COMPANIONS PROGRAM.—Section 502(c) of the Act is

amended— (1) by striking out "$17,607,000" and all that follows through "1985, and", and (2) inserting after "1986" the following: ", $29,740,000 for fiscal year 1987, $30,930,000 for fiscal year 1988, and $32,170,000 for fiscal year 1989". (e) ADMINISTRATION AND COORDINATION.—Section 504 of the Act is amended by striking out "$25,800,000" and all that follows and inserting "$25,312,000 for each of the fiscal years 1987, 1988, and 1989.".

<; •

42 USC 5084.

SEC. 10. TECHNICAL AMENDMENTS. (a) PART HEADING CORRECTION.—

(1) The heading of part C of title II of the Act is amended to read as follows:

42 USC 5013.

"PART C—SENIOR COMPANION PROGRAM".

'-(2) The item for part C of title II in the table of contents of the '^"^ ' Act is amended to read as follows: "PART C—SENIOR COMPANION PROGRAM". (b) CONFORMING AMENDMENT.—

(1) Section 16(a) of the Domestic Volunteer Service Act Amendments of 1984 is amended by striking out "Part C" and ,., inserting in lieu thereof "Part D". (2) Section 16(b) of such Act is amended by striking out "part C" and inserting in lieu thereof "part D".

42 USC 5024. 98 Stat. 194. '

(c) SECTION HEADING CORRECTION.—

(1) The heading of section 213 of the Act is amended by striking out "THE PROGRAM" and inserting in lieu thereof "VOL-

42 USC 5013.

UNTEER SERVICE PROJECTS".

(2) The item for section 213 in the table of contents of the Act is amended by striking out "the program" and inserting in lieu thereof "volunteer service projects". (d) PUNCTUATION.—Section 122(a)(1) of the Act is amended by striking out a semicolon each place it appears and inserting in lieu thereof a comma.

' ' 42 USC 4992.

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 100 STAT. 3078 42 USC 5041. 42 USC 5042. 42 USC 5059. 42 USC 5061.

PUBLIC LAW 99-551—OCT. 27, 1986

(e) REFERENCE.—The fifth sentence of section 401 of the Act is amended by striking out "level 5" and inserting in lieu thereof "level V". (1) PUNCTUATION.—Section 402(a)(1) of the Act (as redesignated by section 5(1) of this Act) is amended by inserting a comma immediately before "except" the second time it appears. (g) PUNCTUATION.—Section 419 of the Act is amended by striking out "to this Act" and inserting in lieu thereof "to this Act)". (h) REFERENCE.—Section 421(1) of the Act is amended by striking out "agency" and inserting in lieu thereof "Agency", (i) USE OF GENDER NEUTRAL TERMINOLOGY.—

42 USC 4955. 42 USC 4972. 42 USC 4974. 42 USC 4992. 42 USC 5042. ,, '

42 USC 5043. ,.,: J.

I

I

42 USC 5044. 42 USC 5052. 42 USC 5055. 42 USC 5041 note.

^

(1) Section 105(b) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (2) Section 112 of the Act is amended by striking out "he" and inserting in lieu thereof '*the Director". (3) Section 114(c) of the Act is amended by striking out "he" each time it appears and inserting in lieu thereof "the Director". (4) Section 1220?) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (5)(A) Section 402(a) of the Act (as redesignated by section 5(1) of this Act) is amended by striking out "him" and inserting in lieu thereof "the Director". (B) Section 402(a)(3) of the Act is amended by striking out "his functions" and inserting in lieu thereof "the functions of the Director". (C) Section 402(a)(7) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (D) Section 402(a)(8) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (E) Section 402(a)(10) of the Act is amended by striking out "him" each time it appears and inserting in lieu thereof "the Director". (F)(i) Section 402(a)(ll)(B) of the Act is amended by striking out "him" and inserting in lieu thereof "the Director". (ii) Section 402(a)(ll)(B)(ii) of the Act is amended by striking out "his intention" and inserting in lieu thereof "the intention of the Director". (G) Section 402(a)(14) is amended by striking out "he" and inserting in lieu thereof "the Director". (6) Section 403(a) of the Act is amended by striking out "his official capacity" and inserting in lieu thereof "an official capacity". (7) Section 404(e) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (8) Section 412(a) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (9) Section 415(d) of the Act is amended by striking out "he" and inserting in lieu thereof "the Director". (10)(A) Section 601(c) of the Act is amended by striking out "his designee" and inserting in lieu thereof "the designee of the Director".
 * J.>-".'5S

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100 STAT. 3079

(B) Section 601(e) of the Act is amended by striking out "his official capacity" and inserting in lieu thereof "an official capacity".

42 USC 5041 note,

SEC. 11. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect October 1, 1986. Approved October 27, 1986.

42 USC 4950 note.

i

3\-j

LEGISLATIVE HISTORY—H.R. 4116 (S. 2324): HOUSE REPORTS: No. 99-588 (Comm. on Education and Labor) and No. 99-954 (Comm. of Conference). SENATE REPORTS: No. 99-332 accompanying S. 2324 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): June 10, considered and passed House. July 14, considered and passed Senate, amended, in lieu of S. 2324. Oct. 2, House agreed to conference report. Oct. 8, Senate agreed to conference report.

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 100 STAT. 3080 -

PUBLIC LAW 99-552—OCT. 27, 1986

Public Law 99-552 99th Congress An Act

Oct. 27, 1986 [H.R. 4712]

To provide for the restoration of the fishery resources in the Klamath River Basin, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 16 USC 460ss.

SECTION 1. FINDINGS.

'

The Congress finds that— (1) the Klamath and Trinity Rivers have been placed under the California and National Wild and Scenic Rivers Systems to protect their outstanding anadromous fishery values; (2) the Klamath and Trinity Rivers provide fishery resources necessary for Indian subsistence and ceremonial purposes, ocean commercial harvest, recreational fishing, and the economic health of many local communities; (3) floods, the construction and operation of dams, diversions and hydroelectric projects, past mining, timber harvest practices, and roadbuilding have all contributed to sedimentation, reduced flows, and degraded water quality which has significantly reduced the anadromous fish habitat in the KlamathTrinity River System; (4) overlapping Federal, State, and local jurisdictions, inadequate enforcement of fishery harvest regulations, and ineffective fishery management have historically hampered fishery conservation efforts and prevented the Federal Government and the State of California from fulfilling their responsibilities to protect the rivers' anadromous fishery values; (5) the Klamath-Trinity fall chinook salmon populations have declined by 80 percent from historic levels and steelhead trout have also undergone significant reductions; (6) Klamath River Basin Fisheries Resource Plan has been developed by the Secretary acting through the Bureau of Indian Affairs; (7) the Klamath Salmon Management Group, a group of agencies with fishery management responsibility, has established, in cooperation with the users of the Klamath-Trinity River Basin fishery resources, a sound framework for the future coordination of fishery harvest management; (8) a new Klamath-Trinity River Basin Management authority, composed of the Klamath Salmon Management Group and representatives of users of the fishery resources of the KlamathTrinity River Basin, is needed to ensure more effective longterm coordination of the Klamath-Trinity River fisheries under sound conservation and management principles that ensure adequate spawning escapement; and (9) the Secretary has the authority to implement a restoration program only in the Trinity River Basin and needs additional authority to implement a restoration program in cooperation with State and local governments to restore anadromous fish

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 PUBLIC LAW 99-552—OCT. 27, 1986

100 STAT. 3081

populations to optimum levels in both the Klamath and Trinity River Basins; SEC. 2. KLAMATH RIVER BASIN CONSERVATION AREA; FISHERY RESOURCES RESTORATION PROGRAM. (a)

ESTABLISHMENT

OF

KLAMATH

RIVER

BASIN

16 USC 460SS-1.

CONSERVATION

AREA.—The Secretary shall designate the anadromous fish habitats and resources of the Klamath River basin as the Klamath River Basin Conservation Area (hereafter in this Act referred to as the "Area"). (b) KLAMATH RIVER BASIN CONSERVATION AREA RESTORATION PROGRAM.—

(1) ESTABLISHMENT.—The Secretary shall, in consultation with the task force established under section 4, formulate, establish, and implement a 20-year program to restore the anadromous fish populations of the Area to optimum levels and to maintain such levels. The program shall be based on the Klamath River Basin Fisheries Resource Plan referred to in section 1(6) and shall be known as the Klamath River Basin Conservation Area Restoration Program. (2) PROGRAM ACTIVITIES.—In carrying out the objectives of the program, the Secretary, in cooperation with the task force established under section 4, shall— (A) monitor and coordinate research evaluating the Area anadromous fish populations and administer and evaluate the success of activities described in subparagraph (B); and (B) take such actions as are necessary to— (i) improve and restore Area habitats, and to promote access to blocked Area habitats, to support increased run sizes; (ii) rehabilitate problem watersheds in the Area to reduce negative impacts on fish and fish habitats; (iii) improve existing Area hatcheries and rearing ponds to assist in rebuilding the natural populations; (iv) implement an intensive, short-term stocking program to rebuild run sizes while maintaining the genetic integrity and diversity of Area subbasin stocks; and (v) improve upstream and downstream migration by removal of obstacles to fish passage and the provision of facilities for avoiding obstacles. (3) RESTORATION WORK.—To the extent practicable, any restoration work performed under paragraph (2)(B) shall be performed by unemployed— (A) commercial fishermen; (B) Indians; and (C) other persons whose livelihood depends upon Area fishery resources. (4) MEMORANDUM OF AGREEMENT.—In order to facilitate the implementation of any activity described in paragraph (2) over which the Secretary does not have jurisdiction, the Secretary shall enter into a memorandum of agreement with the Federal, State, and local agencies having jurisdiction over such activities, and the Area Indian tribes. The memorandum of agreement shall specify the program activities for which the respective signatories to the agreement are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of the program.

Research and development.

Indians.

Contracts. State and local governments. Indians.

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 100 STAT. 3082 16 USC 460SS-2.

PUBLIC LAW 99-552—OCT. 27, 1986

SEC. 3. KLAMATH FISHERY MANAGEMENT COUNCIL.

(a) ESTABLISHMENT.—There is established a K l a m a t h Fishery Management Council (hereafter in this Act referred to a s the "Council").

,, % V p

(b) F U N C T I O N S. —

v. -.. >

'*'^ "

(1) The Council shall— (A) establish a comprehensive long-term plan and policy, ',, that must be consistent with the goals of the program, for the m a n a g e m e n t of the in-river and ocean harvesting that ,,,,. affects or may affect K l a m a t h and Trinity River basin anadromous fish populations; •, (B) m a k e recommendations, that m u s t b e consistent with the plan and policy established under subparagraph (A) and with the standards in paragraph (2)— (i) to the California Fish and G a m e Commission regarding in-river and offshore recreational harvesting fjj,. regulations, (ii) to the Oregon Department of Fish and Wildlife regarding offshore recreational harvesting regulations, (iii) to the Pacific Fishery Manetgement Council > >•,'•'.V regarding ocean harvesting regulations, (iv) to the Bureau of Indian Affairs regarding regulations for harvesting in the A r e a by non-Hoopa Indians, w,.. and > '• (v) to the Hoopa Valley Business Council regarding regulations for harvesting i n the A r e a by members of the Hoopa Indian Tribe; and iiH-j' (C) conduct public hearings on any regulation referred to in subparagraph (B)(i) through (v). (2) Any recommendation m a d e by the Council under paragraph (I)(B) regarding harvesting regulations shall— (A) be based upon the best scientific information available; (B) minimize costs where practicable, and avoid unnecessary duplication of regulations; (C) take into account and allow for variations among, and ' contingencies in, fisheries, fishery resources, and catches; and ^ (D) be designed to achieve an escapement that preserves "*' and strengthens the viability of the Area's natural anadromous fish populations. (c) M E M B E R S H I P AND APPOINTMENT. — The Council is composed of

x>

i

11 members as follows: (1) A representative, who shall b e appointed by the Governor of California, of each of the following: (A) The commercial salmon fishing industry. (B) The in-river sportfishing community. i (C) The offshore recreational fishing industry. (D) The California Department of Fish and Game. (2) A representative of the Hoopa Indian Tribe who shall be appointed by Hoopa Valley Business Council. (3) A representative, who shall b e appointed by the Secretary, of each of the following: (A) The non-Hoopa Indians residing in the Area. (B) The Department of the Interior.

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 PUBLIC LAW 99-552—OCT. 27, 1986

100 STAT. 3083

ic

(4) A representative, who shall be appointed by the Secretary of Commerce, of each of the following— (A) The National Marine Fisheries Service. (B) The Pacific Fishery Management Council. (5) A representative, who shall be appointed by the Governor 3' of Oregon, of each of the following: (A) The commercial salmon fishing industry. (B) The Oregon Department of Fish and Wildlife. (d) CONSULTATION REQUIREMENT.—The appointments

required

under subsection (c) shall be made in consultation with the appropriate users of Area anadromous fish resources. (e) QUALIFICATIONS.—Council members shall be individuals who are knowledgable and experienced in the management and conservation, or the recreational or commercial harvest, of the anadromous fish resources in Northern California. (f) TERMS.—

(1) IN GENERAL.—The term of a member is 4 years. (2) SERVICE.—Members of the Council serve at the pleasure of '•^' the appointing authority. (3) VACANCIES.—Any vacancy on the Council shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. (g) TRANSACTION OF BUSINESS.— (1) DECISIONS OF COUNCIL.—All decisions of the Council must

be by unanimous vote of all of the members. (2) CHAIRMAN.—The Council shall elect a Chairman from among its members. (3) MEETINGS.—The Council shall meet at the call of the Chairman or upon the request of a majority of its members. (h) STAFF AND ADMINISTRATION.— (1) ADMINISTRATIVE SUPPORT.—The Secretary and the Director

of the California Department of Fish and Game shall provide the Council with such administrative and technical support services as are necessary for the effective functioning of the Council. (2) INFORMATION.—The Secretary and the Director of the California Department of Fish and Game shall furnish the Council with relevant information concerning the Area. (3) ORGANIZATION.—The Council shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b). (i) FEDERAL OR STATE EMPLOYEES.—Any Council member who is an officer or employee of the United States or the State of California at the time of appointment to the Council shall cease to be a Council member within 14 days after the date on which he ceases to be so employed. 0') EXPENSES.— (1) TRAVEL EXPENSES.—While away from their homes or regu-

lar places of business in the performance of services for the Council, Council members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the

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 100 STAT. 3084

16 USC 460SS-3.

PUBLIC LAW 99-552—OCT. 27, 1986

Government service are allowed travel expenses under section 5703 of title 5 of the United States Code. (2) LIMITATION ON SPENDING AUTHORITY.—No money authorized to be appropriated under section 6 may be used to reimburse any agency or governmental unit (whose employees are Council members) for time spent by any such employee performing Council duties. SEC. 4. KLAMATH RIVER BASIN FISHERIES TASK FORCE. (a) ESTABLISHMENT.—There is established a Klamath River Basin Fisheries Task Force (hereafter in this Act referred to as the "Task Force"). (b) FUNCTIONS.—The Task Force— (1) shall assist the Secretary in the formulation, coordination, and implementation of the program; (2) shall assist, and coordinate its activities with, Federal, State, and local governmental or private anadromous fish restoration projects within the Area; (3) shall conduct any other activity that is necessary to accomplish the objectives of the program; and (4) may act as an advisor to the (Council. (c) MEMBERSHIP AND APPOINTMENT.—The Task Force is composed of 12 members as follows: (1) A representative, who shall be appointed by the Governor of California, of each of the following: (A) The commercial salmon fishing industry. (B) The in-river sport fishing community. (C) The California Department of Fish and Game. (2) A representative of the Hoopa Indian Tribe who shall be appointed by the Hoopa Valley Business Council. (3) A representative of the Department of the Interior who shall be appointed by the Secretary. (4) A representative of the National Marine Fisheries Service who shall be appointed by the Secretary of Commerce. (5) A representative of the Department of Agriculture who shall be appointed by the Secretary of Agriculture. (6) A representative of the Oregon Department of Fish and Wildlife who shall be appointed by the Governor of Oregon. (7) One individual who shall be appointed by the Board of Supervisors of Del Norte County, California. (8) One individual who shall be appointed by the Board of Supervisors of Siskiyou County, California. (9) One individual who shall be appointed by the Board of Supervisors of Humboldt County, California. (10) One individual who shall be appointed by the Board of Supervisors of Trinity County, California. (d)

COUNCIL

MEMBERSHIP

NOT

A

BAR

TO

TASK

FORCE

APPOINTMENT.—An individual who is a member of the Council is not ineligible for appointment as a member of the Task Force. (e) TERMS.—

(1) IN GENERAL.—The term of a member of the Task Force is 4 years. (2) SERVICE.—Members of the Task Force serve at the pleasure of the appointing authorities. (3) VACANCIES.—Any vacancy on the Task Force shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the

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 PUBLIC LAW 99-552—OCT. 27, 1986

100 STAT. 3085

expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. (f) TRANSACTION OF BUSINESS.— (1) DECISIONS OF TASK FORCE.—All

decisions of the Task Force must be by unanimous vote of all the members. (2) CHAIRMAN.—The members of the Task Force shall select a Chairman from among its members. (3) MEETINGS.—The Task Force shall meet at the call of the Chairman or upon the request of a majority of its members.

(g) STAFF AND ADMINISTRATION.— (1) ADMINISTRATIVE SUPPORT.—The Secretary and the Director

of the California Department of Fish and Game shall provide the Task Force with the administrative and technical support services necessary for the effective functioning of the Task Force. (2) INFORMATION.—The Secretary and the Director of the California Department of Fish and Game shall furnish the members of the Task Force with relevant information concerning the Area. (3) ORGANIZATION.—The Task Force shall determine its organization, and prescribe the practices and procedures for carrying out its functions under subsection (b). (h) MEMBERS WHO ARE FEDERAL OR STATE EMPLOYEES.—Any Task Force member who is an officer or employee of the United States or the State of California at the time of appointment to the Task Force shall cease to be a member of the Task Force within 14 days of the date on which he ceases to be so employed. (i) LIMITATION ON SPENDING AUTHORITY.—No money authorized to be appropriated under section 6 may be used to reimburse any Task Force member or agency or governmental unit (whose employees are Task Force members) for time spent by any such employee preforming Task Force duties. SEC. 5. ENFORCEMENT.

(a) MEMORANDUM OF AGREEMENT.—In order to strengthen and facilitate the enforcement of Area fishery harvesting regulations, the Secretary shall enter into a memorandum of agreement with the California Department of Fish and Game. Such agreement shall specify the enforcement activities within the Area for which the respective agencies of the Department of Interior and the California Department of Fish and Game are responsible and shall contain such provisions as are necessary to ensure the coordinated implementation of Federal and State enforcement activities. SEC. 6. APPROPRIATIONS.

(a) AUTHORIZATION.—There are authorized to be appropriated to the Department of the Interior during the period beginning October 1, 1986, and ending on September 30, 2006, $21,000,000 for the design, construction, operation, and maintenance of the program. Monies appropriated under this subsection shall remain available until expended or October 1, 2006, whichever first occurs, fl)) COST-SHARING.—

(1) 50 percent of the cost of the development and implementation of the program must be provided by one or more nonFederal sources on a basis considered by the Secretary to be

Contracts. California. State and local governments. 16 USC 460SS-4.

16 USC 460SS-5.

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 100 STAT. 3086

Gifts and property. Real property.

Voluntarism.

Regulations.

State and local governments.

16 USC 460SS-6.

PUBLIC LAW 99-552—OCT. 27, 1986

timely and appropriate. For purposes of this subsection, the term "non-Federal source" includes a State or local government, any private entity, and any individual. (2) In addition to cash outlays, the Secretary shall consider as financial contributions by a non-Federal source the value of in kind contributions and real and personal property provided by the source for purposes of implementing the program. Valuations made by the Secretary under this paragraph are final and not subject to judicial review. (3) For purposes of paragraph (2), in kind contributions may be in the form of, but are not limited to, personal services rendered by volunteers in carrying out surveys, censuses, and other scientific studies. (4) The Secretary shall by regulation establish— (A) the training, experience, and other qualifications which such volunteers must have in order for their services ^ to be considered as in kind contributions; and ^;(B) the standards under which the Secretary will deter* i;^ '* mine the value of in kind contributions and real and per'' sonal property for purposes of paragraph (2). (5) The Secretary may not consider the expenditure, either directly or indirectly, with respect to the program of Federal moneys received by a State or local government to be a financial contribution by a non-Federal source to carry out the program. SEC. 7. DEFINITIONS.

^

^

As used in this Act— (1) The term "program" means the Klamath River Basin Conservation Area Restoration Program established under section 2(b). (2) The term "Secretary" means the Secretary of the Interior. Approved October 27, 1986.

u

LEGISLATIVE HISTORY—H.R. 4712: HOUSE REPORTS: No. 99-894, Pt. 1 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 132 (1986): ,. .. ».... -. ,. - . ^ Sept. 30, considered and passed House. ••'' = Oct. 3, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 27, Presidential statement.

.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/159

 PUBLIC LAW 99-553—OCT. 27, 1986 Public Law 99-553 99th Congress

100 STAT. 3087

 * ^rr:

= ,. An Act

To permit registered public utility holding companies to own certain interests in qualifying cogeneration facilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law 99-186, 99th Congress, 99 Stat. 1180, be amended to read as follows: "SECTION 1. Notwithstanding section 110)X1) of the Public Utility Holding Company Act of 1935, a company registered under said Act, or a subsidiary company of such registered company, may acquire or retain, in any geographic area, an interest in any qualifying cogeneration facilities as defined pursuant to the Public Utility Regulatory Policies Act of 1978, and shall qualify for any exemption relating to the Public Utility Holding Company Act prescribed pursuant to section 210 of the Public Utility Regulatory Policies Act. "SEC. 2. Nothing herein shall be construed to affect the applicability of section 3(17)(C) or section 3(18)(B) of the Federal Power Act or any provision of the Public Utility Holding Company Act, other than section IIOJXI), to the acquisition or retention of any such interest by any such company.". Approved October 27, 1986.

,,, " ' ' » ', ~ '-^ -

••) a

f

LEGISLATIVE HISTORY—H.R. 5056: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and passed House. Oct. 15, considered and passed Senate, amended; House concurred in Senate amendment.

Oct. 27, 1986 [H.R. 5056]

Securities. 15 USC 79k note. 15 USC 79k. v^ 16 USC 2601 "o^. 16 USC 824a-3. 16 USC 796.

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 100 STAT. 3088

PUBLIC LAW 99-554—OCT. 27, 1986

Public Law 99-554 99th Congress

• An Act

Oct 27 1986 — ' cqigi— LH.K. OtJloj i."?2

To amend title 28 of the United States Code to provide for the appointment of additional bankruptcy judges, to provide for the appointment of United States trustees to serve in bankruptcy cases in judicial districts throughout the United States, to make certain changes with respect to the role of United States trustees in such cases, and for other purposes.

Bankruptcy Judges, KllSees ^ and Family

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 "Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986".

Farmer

B n r pc A t a ku ty c 28 USC 58inot^

TITLE I—AMENDMENTS TO TITLE 28 OF THE UNITED STATES CODE Subtitle A—Appointment of Bankruptcy • V^il. ^m u.::^,.:-„ r 1. Judges,, -

state listing.

SEC. 101. ADDITIONAL BANKRUPTCY JUDGES.

Section 152(a)(2) of title 28, United States Code, is amended— (1) in the item relating to the eastern district and the western district of Arkansas by striking out "2" and inserting in Heu thereof " 3 ", (2) in the item relating to the northern district of California by striking out "7" and inserting in lieu thereof "9", (3) in the item relating to the eastern district of California by striking out "4" and inserting in lieu thereof "6", (4) in the item relating to the central district of California by striking out "12" and inserting in lieu thereof "19", (5) in the item relating to the southern district of California by striking out " 3 " and inserting in lieu thereof "4", (6) in the item relating to the middle district of Florida by striking out "2" and inserting in lieu thereof "4", (7) in the item relating to the northern district of Georgia by striking out "4" and inserting in lieu thereof "6", (8) in the item relating to the southern district of Georgia by striking out " 1 " and inserting in lieu thereof "2", (9) in the item relating to the district of Idaho by striking out " 1 " and inserting in lieu thereof "2", (10) in the item relating to the northern district of Illinois by striking out " 8 " and inserting in lieu thereof "10", (11) in the item relating to the central district of Illinois by striking out "2" and inserting in lieu thereof " 3 ", (12) in the item relating to the northern district of Indiana by striking out "2" and inserting in lieu thereof " 3 ", (13) in the item relating to the northern district of Iowa by striking out " 1 " and inserting in lieu thereof "2",

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Page:United States Statutes at Large Volume 100 Part 4.djvu/161

 PUBLIC LAW 99-554—OCT. 27, 1986

'

•'

^ '

'^ ' '

100 STAT. 3089

(14) in the item relating to the southern district of Iowa by striking out " 1 " and inserting in Heu thereof "2", (15) in the item relating to the western district of Kentucky by striking out "2" and inserting in lieu thereof "3", (16) in the item relating to the western district of Louisiana by striking out "2" and inserting in lieu thereof "3", (17) in the item relating to the district of Maryland by striking out "2" and inserting in lieu thereof "3", (18) in the item relating to the western district of Michigan by striking out "2" and inserting in lieu thereof "3", (19) in the item relating to the district of Nebraska by striking out " 1 " and inserting in lieu thereof "2", (20) in the item relating to the district of Nevada by striking out "2" and inserting in lieu thereof "3", (21) in the item relating to the district of New Jersey by striking out " 5 " and inserting in lieu thereof "7", (22) in the item relating to the western district of North Carolina by striking out " 1 " and inserting in lieu thereof "2", (23) in the item relating to the northern district of Oklahoma by striking out " 1 " and inserting in lieu thereof "2", (24) in the item relating to the western district of Oklahoma by striking out "2" and inserting in lieu thereof "3", (25) in the item relating to the district of Oregon by striking out "4" and inserting in lieu thereof "5", (26) in the item relating to the western district of Pennsylvania by striking out " 3 " and inserting in lieu thereof "4", (27) in the item relating to the district of South Carolina by striking out " 1 " and inserting in lieu thereof "2", (28) in the item relating to the district of South Dakota by striking out " 1 " and inserting in lieu thereof "2". (29) in the item relating to the eastern district of Tennessee by striking out "2" and inserting in lieu thereof "3", (30) in the item relating to the western district of Tennessee by striking out "2" and inserting in lieu thereof "3", (31) in the item relating to the northern district of Texas by striking out "4" and inserting in lieu thereof "5", (32) in the item relating to the southern district of Texas by striking out " 3 " and inserting in lieu thereof "6", (33) in the item relating to the western district of Texas by striking out "2" and inserting in lieu thereof "3", (34) in the item relating to the district of Utah by striking out "2" and inserting in lieu thereof "3", (35) in the item relating to the eastern district of Virginia by striking out " 3 " and inserting in lieu thereof "4", (36) in the item relating to the eastern district of Washington by striking out " 1 " and inserting in lieu thereof "2", (37) in the item relating to the western district of Washington by striking out "4" and inserting in lieu thereof "5", and (38) in the item relating to the eastern district of Wisconsin by striking out " 3 " and inserting in lieu thereof "4".

SEC. 102. QUALIFICATIONS FOR APPOINTMENT OF BANKRUPTCY JUDGES.

Section 120(c)(2) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (Public Law 98-353; 98 Stat. 345) is amended by striking out "or the District of Columbia bar," and inserting in lieu thereof "the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico,".

28 USC 152 note.

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 100 STAT. 3090

PUBLIC LAW 99-554—OCT. 27, 1986

SEC. 103. DIVISION OF BUSINESS AMONd BANKRUPTCY JUI)(JES.

Section 156 of title 28, United States Code, is amended by adding at the end thereof the following: "(d) No office of the bajikruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress.".

Subtitle B—Appointment of United States Trustees and Related Matters State listing.

SEC. 111. APPOINTMENT OF UNITED STATES TRUSTEES. (a) APPOINTMENT NATIONWIDE OF UNITED STATES TRUSTEES.—Sec-

Guam. Northern Mariana Islands.

tion 581(a) of title 28, United States Code, is amended to read as follows: "(a) The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): "(1) The judicial districts established for the States of Maine,
 * Massachusetts, New Hampshire, and Rhode Island.

"(2) The judicial districts established for the States of ,:.si. Connecticut, New York, and Vermont. "(3) The judicial districts established for the States of Dela-is • ware. New Jersey, and Pennsylvania. "(4) The judicial districts established for the States of Mary•<':i land, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. /ri "(5) The judicial districts established for the States of Louisiana and Mississippi. '•tm- "(6) The Northern District of Texas and the Eastern District of Texas. J f« "(7) The Southern District of Texas and the Western District of Texas. ti "(8) The judicial districts established for the States of Kentucky and Tennessee. 'd "(9) The judicial districts established for the States of Michigan and Ohio. 4 "(10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of T t Indiana. "(11) The Northern District of Illinois; and the judicial dis•d tricts established for the State of Wisconsin. "(12) The judicial districts established for the States of Minuet nesota, Iowa, North Dakota, and South Dakota. "(13) The judicial districts established for the States of Ar,u>! kansas, Nebraska, and Missouri. ,.,-,<,•,. iuu "(14) The District of Arizona. v-; "(15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. '-* "(16) The Central District of California. •si "(17) The Eastern District of California and the Northern !? District of California; and the judicial district established for the State of Nevada. • "(18) The judicial districts established for the States of Alaska, Idaho (exclusive of Yellowstone National Park), Mon-

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 PUBLIC LAW 99-554—OCT. 27, 1986

100 STAT. 3091

-'

tana (exclusive of Yellowstone National Park), Oregon, and Washington. "(19) The judicial districts established for the States of Colorado, Utah, and Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho). "(20) The judicial districts established for the States of Kansas, New Mexico, and Oklahoma. "(21) The judicial districts established for the States of Alabama, Florida, and Georgia and for the Commonwealth of Puerto Rico and the Virgin Islands of the United States.". (b) TERM OF OFFICE.—Section 581(b) of title 28, United States Code, is amended— (1) by striking out "seven years" and inserting in lieu thereof "five years", and (2) by striking out "Office" and inserting in lieu thereof "office". (c) REMOVAL OF UNITED STATES TRUSTEES.—Section 581(c) of title 28, United States Code, is amended by striking out "for cause".

' ' Puerto Rico, Virgin Islands.

(d) REMOVAL OF ASSISTANT UNITED STATES TRUSTEES.—Section 582

of title 28, United States Code, is amended— (1) in subsection (a) by striking out "district" and inserting in lieu thereof "region", and i' (2) in subsection (b) by striking out "for cause". ^ ^ SEC. 112. VACANCIES IN OFFICE OF UNITED STATES TRUSTEE.

Section 585 of title 28, United States Code, is amended to read as follows: "§ 585. Vacancies "(a) The Attorney General may appoint an acting United States trustee for a region in which the office of the United States trustee is vacant. The individual so appointed may serve until the date on which the vacancy is filled by appointment under section 581 of this title or by designation under subsection (b) of this section. "(b) The Attorney General may designate a United States trustee to serve in not more than two regions for such time as the public interest requires.". SEC. 113. DUTIES OF UNITED STATES TRUSTEES. (a) SUPERVISION AND ADMINISTRATION.—Section 586(a) of title 28, United States Code, is amended— (1) by striking out "his district" and inserting in lieu thereof "the region for which such United States trustee is appointed", G (2) in paragraph (3)— (A) by striking out the semicolon and inserting in lieu "•'• thereof "by, whenever the United States trustee considers H •: •„' * it to be appropriate—", and ^l" I' (B) by adding at the end of such paragraph the following: D9iia' "(A) monitoring applications for compensation and re'<\' nc imbursement filed under section 330 of title 11 and, whenS: 1. ever the United States trustee deems it to be appropriate, filing with the court comments with respect to any of such applications; tJA u "(B) monitoring plans and disclosure statements filed in .'V't^cases under chapter 11 of title 11 and filing with the court, 11 USC llOl et in connection with hearings under sections 1125 and 1128 of ««9-
 * ,i. L j

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 100 STAT. 3092

Post, p. 3105; 11 USC 1301 et uJi I f1L r

PUBLIC LAW 99-554—OCT. 27, 1986

such title, comments with respect to such plans and disclosure statements; "(C) monitoring plans filed under chapters 12 and 13 of title 11 and filing with the court, in connection with hearings under sections 1224, 1229, 1324, and 1329 of such title, comments with respect to such plans; "(D) taking such action as the United States trustee deems to be appropriate to ensure that all reports, schedules, and fees required to be filed under title 11 and this 'i-. title by the debtor are properly and timely filed; "(E) monitoring creditors' committees appointed under title 11; "(F) notifying the appropriate United States attorney of matters which relate to the occurrence of any action which may constitute a crime under the laws of the United States i • and, on the request of the United States attorney, assisting the United States attorney in carrying out prosecutions ' based on such action; "(G) monitoring the progress of cases under title 11 and taking such actions as the United States trustee deems to be appropriate to prevent undue delay in such progress; and .£r "(H) monitoring applications filed under section 327 of title 11 and, whenever the United States trustee deems it to be appropriate, filing with the court comments with respect to the approval of such applications;", and (3) in paragraph (5) by inserting before the semicolon the following: "and this title, and such duties consistent with title 11 and this title as the Attorney General may prescribe". (b) QuAUFiCATiONS OF TRUSTEES.—Section 586(b) of title 28, United States Code, is amended to read as follows: "(b) If the number of cases under chapter 12 or 13 of title 11 commenced in a particular region so warrants, the United States trustee for such region may, subject to the approval of the Attorney General, appoint one or more individuals to serve as standing trustee, or designate One or more assistant United States trustees to serve in cases under such chapter. The United States trustee for such region shall supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee.". (c) APPOINTMENT AND COMPENSATION OF TRUSTEES.—Subsections

i'. u:

ity •

(d) and (e) of section 586 of title 28, United States Code, are amended to read as follows: "(d) The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under paragraph (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee in Cases under chapter 12 or 13 of title 11. The Attorney General may not require that an individual be an attorney in order to qualify for appointment under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 13 of title 11. "(e)(1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 13 of title 11, shall fix— "(A) a maximum annual compensation for such individual, i not to exceed the annual rate of basic pay in effect for step 1 of j;? grade GS-16 of the General Schedule prescribed under section 5332 of title 5; and

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 PUBLIC LAW 99-554—OCT. 27, 1986

100 STAT. 3093

"(B) a percentage fee not to exceed— "(i) in the case of a debtor who is not a family farmer, ten percent; or ^, "(ii) in the case of a debtor who is a family farmer, the j^^^ [MUM sum of— "(I) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payjmz feru «2 ^ ments in an aggregate amount not to exceed $450,000; 1« and "(II) three percent of payments made under the plan of such debtor, with respect to payments made after the r aggregate amount of payments made under the plan ^; exceeds $450,000; '' based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. "(2) Such individual shall collect such percentage fee from all payments received by such individual under plans in the cases under chapter 12 or 13 of title 11 for which such individual serves as Post, p. 3105; standing trustee. Such individual shall pay to the United States n USC 1301 et trustee, and the United States trustee shall deposit in the United *^^' States Trustee System Fund— "(A) any amount by which the actual compensation of such individual exceeds 5 per centum upon all payments received under plans in cases under chapter 12 or 13 of title 11 for which such individual serves as standing trustee; and "(B) any amount by which the percentage for all such cases exceeds— ^ "(i) such individual's actual compensation for such cases,
 * > (fei;

as adjusted under subparagraph (A) of paragraph (1); plus "(ii) the actual, necessary expenses incurred by such to i J individual as standing trustee in such cases. Subject to the approval of the Attorney General, any or all of the interest ''^^% earned from the deposit of payments under plans by such 8iili: individual may be utilized to pay actual, necessary expenses without regard to the percentage limitation contained in -Dfisl subparagraph (d)(1)(B) of this section.". SEC. 114. SALARIES OF UNITED STATES TRUSTEES AND ASSISTANT UNITED STATES TRUSTEES. (a) FIXING OF SALARIES.—Section 587 of title 28, United States

Code, is amended to read as follows: "§ 587. Salaries "Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5, United States Code.". (b) TEMPORARY SUSPENSION OF LIMITATION ON APPOINTMENTS.— During the period beginning on the effective date of this Act and ending on October 1, 1989, the provisions of title 5 of the United States Code governing appointments in the competitive service shall not apply with respect to appointments under section 589 of title 28, United States Code.

71-194 0 - 89 - 7: QL. 3 PartA

28 USC 589 note.

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 100 STAT. 3094

PUBLIC LAW 99-554—OCT. 27, 1986

SEC. 115. UNITED STATES TRUSTEE SYSTEM FUND. (^) AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE.—Chap-

28 USC 581. 28 USC 589a.

ter 39 of title 28, United States Code, as added by section 224 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2662), is amended by adding at the end thereof the following:

"§ 589a. United States Trustee System Fund "(a) There is hereby established in the Treasury of the United States a special fund to be known as the 'United States Trustee System Fund' (hereinafter in this section referred to as the 'Fund'). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees— ., j, "(1) salaries and related employee benefits; ... ' ', "(2) travel and transportation; "(3) rental of space; - :)io q Jwj" "^^^ communication, utilities, and miscellaneous computer Vpm'^mj n charges; xm "(5) security investigations and audits; "(6) supplies, books, and other materials for legal research; ^^.. "(7) furniture and equipment; "(8) miscellaneous services, including those obtained by contract; and "(9) printing. "(b) There shall be deposited in the Fund— "(1) one-third of the fees collected under section 1930(a)(l) of ., this title; "(2) three-fifths of the fees collected under section 1930(a)(3) of this title; "(3) one-half of the fees collected under section 1930(a)(4) of this title; "(4) one-half of the fees collected under section 1930(a)(5); "(5) all of the fees collected under section 1930(a)(6) of this title; "(6) three-fourths of the fees collected under the last sentence of section 1930(a) of this title; and TAi "(7) the compensation of trustees received under section 330(d) of title 11 by the clerks of the bankruptcy courts. "(c)(1) Except as provided in paragraph (2), amounts in the Fund which are not currently needed for the purposes specified in subsection (a) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. "(2) On November 1, 1989, and on November 1 of each year thereafter, the Secretary of the Treasury shall transfer into the general fund of the Treasury the amount, if any, in the Fund that exceeds 110 percent of— "(A) the amount appropriated for the entire current fiscal year for the purposes specified in subsection (a), or .ajo0 mi- DfeiJ 8S —. "(B) if no appropriation has been made for the entire current fiscal year, the annual equivalent of the aggregate amount appropriated to date for the current fiscal year for the purposes specified in subsection (a). Reports. "(d)(1) The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed
 * ip
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 PUBLIC LAW 99-554—OCT. 27, 1986

100 STAT. 3095

report on the amounts deposited in the Fund and a description of r..^-j r[ the expenditures made under this section. v^' "(2) If for each fiscal year in any period of 2 successive fiscal years— "(A) the aggregate amount deposited under subsection (b) in the Fund exceeds 110 percent of expenditures for the purposes specified in subsection (a), or "(B) the costs incurred for the purposes specified in subsection (a) exceed the aggregate amount deposited under subsection (b) in the Fund, then the Attorney General shall include in such report a recommendation regarding the manner in which the fees payable under section 1930(a) of title 28, United States Code, may be modified to cause the annual amount deposited in the Fund to more closely approximate the annual amount expended from the Fund. "(e) There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a).". (b) TECHNICAL AMENDMENT.—The table of sections for chapter 39 of title 28, United States Code, as added by section 224 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2662), is amended by 28 USC 591 et adding at the end thereof the following new item: seq. "589a. United States Trustee System Fund.". SEC. 116. PANEL OF TRUSTEES.

Subsection (f) of section 604 of title 28, United States Code, as added by the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2549), is repealed. SEC. 117. FEES.

Section 1930(a) of title 28, United States Code, is amended— (1) in paragraph (1) by striking out "$60" and inserting in lieu thereof "$90", .., (2) in paragraph (3) by striking out "$200" and inserting in lieu thereof "$500", ^. (3) in paragraph (4) by striking out "$500" and inserting in C, lieu thereof "$1,000", (4) by inserting after paragraph (4) the following: ^ "(5) For a case commenced under chapter 12 of title 11, $200, Post, p. 3105. "(6) In addition to the filing fee paid to the clerk, a quarterly „ fee shall be paid to the United States trustee, for deposit in the jj Treasury, in each case under chapter 11 of title 11 for each 11 USC llOl et quarter (including any fraction thereof) until a plan is con- seq. firmed or the case is converted or dismissed, whichever occurs j^ first. The fee shall be $150 for each quarter in which disbursejjl ments total less than $15,000; $300 for each quarter in which disbursements total $15,000 or more but less than $150,000; $750 ^ for each quarter in which disbursements total $150,000 or more but less than $300,000; $2,250 for each quarter in which disbursements total $300,000 or more but less than $3,000,000; $3,000 for each quarter in which disbursements total $3,000,000 , ^ or more. The fee shall be payable on the last day of the calendar > month following the calendar quarter for which the fee is < ,^,j^ owed.", and I (5) by adding at the end thereof the following: "For converting, on request of the debtor, a case under chapter 7, or 13 of

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 100 STAT. 3096 11 USC 701 et s«9'

PUBLIC LAW 99-554—OCT. 27, 1986 title 11, to a case under chapter 11 of title 11, the debtor shall pay to the clerk of the court a fee of $400.".

imietseq., 1101

Subtitle C—Miscellaneous Amendments and Technical Corrections to Title 28 SEC. 141. COURT IN LAWRENCE, KANSAS.

'

Section 96 of title 28, United States Code, is amended by inserting "Lawrence," after "Kansas City,". SEC. 142. CUSTODY OF BANKRUPTCY COURT RECORDS AND DOCKETS. Section 156 of title 28, United States Code, as amended by section 103 of this Act, is amended by adding at the end thereof the following: "(e) In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection Qo), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court.". SEC. 143. CONFORMING AMENDMENT.

^'^';?

Section 157(b)(2)(B) of title 28, United States Code, is amended by inserting ", 12," after "chapter 11". SEC. 144. TECHNICAL CORRECTIONS.

"Oig /;,5&o*i te iOl f l.;8tj

ptfc

(a) Section 156 of title 28, United States Code, as amended by sections 103 and 142 of this Act, is amended by adding at the end thereof the following: "(f) For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncollected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns thereof to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors.". (b)(1) Section 157(b)(2)(B) of title 28, United States Code, is amended by striking out "interest" and inserting in lieu thereof "interests". (2) Section 157(b)(2)(G) of title 28, United States Code, is amended by inserting a comma after "annul". (c) Section 526 of title 28, United States Code, is amended— (1) in the heading by striking out "trustee" and inserting in ..fri Y\Qyj^ thereof "trustees", (2) in subsection (a)— (A) by striking out "and trustees" and inserting in lieu thereof ", trustees, including trustees in cases under title '" 11" in paragraph (1), and ' "^ (B) by striking out "courts of the Canal Zone and the title 11," and inserting in lieu thereof "court of the Virgin Islands, probation officers," in paragraph (2). (d) Section 584 of title 28, United States Code, is amended by striking out "districts" and inserting in lieu thereof "regions'. (e) Section 1334(d) of title 28, United States Code, is amended by striking out "and of the estate" and inserting in lieu thereof "and of property of the estate". - - - ,»
 * r.. !;^ Virgin Islands, probation officers, trustees in cases under

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100 STAT. 3097

if) Section 1930(a) of title 28, United States Code, is amended by striking out "of the court" and inserting in lieu thereof "of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title,". (g)(1) The heading for chapter 39 of title 28, United States Code, as added by the Ethics in Government Act, is amended by striking out "CHAPTER 39" and inserting in lieu thereof "CHAPTER 40". (2) The table of chapters for part II of title 28, United States Code, is amended by striking out the item relating to Independent Counsel and inserting in lieu thereof the following: "40. Independent Counsel

v, ic -^pjj:. 28 USC 591 et oT;^^. n^-i 4. ^ ^^ ^"^ "°*^-

591".

(3) Section 49(f) of title 28, United States Code, is amended by striking out "chapter 39" each place it appears and inserting in lieu thereof "chapter 40".

TITLE II—AMENDMENTS TO TITLE 11 OF ^ THE UNITED STATES CODE Subtitle A—Activities of United States Trustees SEC. 201. DEFINITIONS.

Section 101 of title 11, United States Code, is amended— g (1) in paragraph (14) by striking out "and governmental unit" and inserting in lieu thereof "governmental unit, and United States trustee" before the semicolon at the end thereof, and 9S (2) in paragraph (24) by inserting "(but not a United States trustee while serving as a trustee in a case under this title)" after "United States" the second place it appears. SEC. 202. RULES OF CONSTRUCTION.

Section 102 of title 11, United States Code, is amended— (1) by striking out "and" at the end of paragraph (7) thereof, (2) by striking the period at the end of paragraph (8) and 2€ inserting in lieu thereof "; and", and (3) by inserting at the end thereof the following: "(9) 'United States trustee' includes a designee of the United States trustee.". SEC. 203. POWER OF COURT.

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Section 105(a) of title 11, United States Code, is amended by adding at the end thereof the following new sentence: "No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.". SEC. 204. INVOLUNTARY CASES.

Section 303 of title 11, United States Code, is amended— (1) in subsection (g), by inserting "order the United States trustee to" after "may", the first time it appears, and (2) in subsection (i)(D— (A) by inserting "or" at the end of subparagraph (A), and i3j.a 01 ^gj Hjy striking out subparagraph (C).

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